SHE ACCUSED Him Of Sex Assault After They Broke Up. He Was Punished, But FairfieldU Just Settled With Him.
A male Fairfield University student was effectively expelled from the school after a female student made conflicting sexual assault claims against him after the two broke up.
Background: John was preparing to graduate and go on to a graduate program when he and Jane started a physical relationship. Previously, Jane had invited John to sleep in her bed on three separate occasions. John had not wanted to enter a physical relationship with Jane prior because she had a boyfriend, but once she said the two had broken up, John and Jane engaged in undisputed consensual oral sex. On September 29, 2017 the two separately attended the President’s Ball at the university. Jane later invited John to a local bar with her friend. Jane’s account of the evening would change drastically depending on who she talked to and when. She and John went to his off-campus residence…He invited Jane into his bedroom and she accepted. After undressing, he asked Jane if she wanted to have sex and she verbally agreed, as she was already touching his genitals. After that night, Jane returned to the apartment to have sex with John several more times…On October 11, 2017, John texted Jane to let her know that he no longer wanted to pursue a relationship with her, sexual or otherwise. Jane went to the school health clinic for an STD test. Jane did not report any sexual misconduct. Months later, after she had accused John of sexual assault, she allegedly returned to the clinic to get them to falsify her records by claiming she had reported sexual misconduct.
Fairfield, like many other colleges and universities around the country, failed to adhere to its own policies during the hearing. Jane was allowed to break Fairfield policy during the hearing, but John was bound to it. Jane was allowed to directly ask questions of witnesses, and Jane’s advisor was allowed to provide a list of questions and directly address the hearing board. John’s advisor was not allowed to do the same. John was barred from asking questions. John couldn’t cross-examine Jane or any of the witnesses against him.
On March 9, 2018, John was found responsible for sexually assaulting Jane, but he was not expelled or suspended. Instead, he was barred from campus but allowed to continue his coursework from home. The school did not inform his professors of this and did not allow John to make accommodations for his ADHD, a disability the school knew about. Further, John was not allowed to enter campus to attend labs that required attendance. Because of Fairfield’s refusal to allow John to actually complete his coursework, he was effectively expelled, as he would end up failing many, if not all, his classes.
John appealed the decision and provided a statement from a new witness, which should have reopened the investigation. Fairfield President Mark Nemec refused John’s appeal without explanation and without interviewing the new witness, claiming in his denial that the “appeal did not provide new evidence or adequate evidence to substantiate an error in the proceedings.” John sued the school with the help of attorney Andrew Miltenberg. Earlier this month, the case was dismissed after both parties agreed to settle out of court.
dailywire– Ashe Schow
