TITLEIX LAWSUIT: Male Had Consensual Premarital Sex. Indiana WesleyanU Says That Is Rape
At Indiana Wesleyan University, female students can freely break campus rules on sexual activity, coed dorm visits and even climbing through windows – as long as they accuse a male student of sexual assault. That’s the narrative told in a Title IX discrimination lawsuit against the Christian institution by a male student on the verge of graduation, who found himself suspended.
Jane Roe went to extraordinary lengths to demonstrate she consented to sexual activity with John Doe, her regular hookup partner, on the evening of Nov. 16, according to the federal complaint. But after she unexpectedly accused him of sexual assault, IWU took her word as gospel and judged John guilty largely based on his admission that they had sex. “Throughout the process, John never had an opportunity to make arguments to a panel of decision-makers, participate in a hearing, prepare for and present a case, confront and cross-examine witnesses, obtain legal representation, submit written statements, procure expert testimony, or appeal on the basis that the decision was wrong,” the suit claims. Jane had reason to falsely accuse John so that she herself would not be punished: IWU offers “complainants complete amnesty for violations of campus rules uncovered as part of a sexual misconduct investigation.”
John and Jane had previously had sexual intercourse before their Nov. 16 encounter, which involved Jane “climbing up a rope ladder and crawling through the second floor window” to visit John in his room. In addition to violating the premarital sex prohibition, Jane violated IWU’s prohibition on visiting the other sex in their dorms and climbing through windows.
John is functionally stuck unless a court intervenes, he argues. A member of the baseball team when he was accused, “his baseball career is over” and he probably can’t attend a different college for the next year while he’s suspended. This puts him “at serious risk of losing future employment opportunities.” IWU violated Title IX by ignoring John’s evidence, giving him no chance to challenge the evidence against him and acting against him before an interview, the suit claims. “The IWU official involved appears simply to have chosen to believe Jane” – and ignore her documented violations – “because she is a woman and to disbelieve John because he is a man.”
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