COURT Rulings & Settlements

ACTIVIST JUDGE Paula Xinis Rules Against Due Process & Dismisses Accused Male’s TIX Lawsuit

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ACTIVIST JUDGE Paula Xinis Rules Against Due Process & Dismisses Accused Male’s TIX Lawsuit

He was a student at the University of Maryland, “was” being the operative word. Whether this John Doe did anything blameworthy to begin with is a matter of values…Since the Dear Colleague letter confirmed tilted Title IX adjudication systems, more than 200 accused students have sued their schools. They’ve won more than they have lost—but, thanks to favorable precedents, universities have won their fair share of cases as well (51 in the federal courts). In many of those decisions, the judges have expressed at least a degree of concern that they can’t act despite the unfairness of the university’s system. Then, however, there’s a judge like Paula Xinis. Xinis, an Obama nominee, dismissed a lawsuit filed by an accused student from the University of Maryland. The only outrage Judge Xinis was able to muster in her opinion came not for a student whose complaint indicated he might have been wrongfully found guilty, but for the Maryland’s Title IX process that oversaw his case.

academicwonderland.com KC Johnson blog.simplejustice.us Greenfield

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SETTLEMENT. Liberty U. Expelled an Innocent Athlete. He Succeeded in Court. Liberty Caved.

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SETTLEMENT. Liberty U. Expelled an Innocent Athlete. He Succeeded in Court. Liberty Caved.

Liberty University refused to wait for a police investigation to end before it expelled a football player on allegations of sexual assault. Mere hours after his expulsion, Cameron Jackson was informed that “no criminal charges would be filed.” Police had found “no evidence” to back the claims against him. Jackson said his accuser had ulterior motives for accusing him. She had already been dismissed from the school “after multiple student violations,” and she conspired with other females to falsely accuse players to Liberty officials but not law enforcement, so as not to open their false claims to real scrutiny. Jackson initially sought more than $100 million in damages from the university, his accuser and specific Liberty officials, saying they cost him an NFL career. Last August a federal court paved the way for seven claims to move forward: four defamation claims “related to a university news release” and two more against the accuser, and a Title IX claim against the university. But now seven months later, the parties have settled. (Two other ex-football players suing the same parties voluntarily resolved their lawsuits against Liberty two days later.)

thecollegefix.com

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COURT WIN! Evidence Shows Male Faced Biased Adjudicator, Prof. Lavanty. Lawsuit Survives.

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COURT WIN! Evidence Shows Male Faced Biased Adjudicator, Prof. Lavanty. Lawsuit Survives.

A Title IX adjudicator’s alleged view that men “will always enjoy sexual contact,” even when they don’t consent to it, has doomed Marymount University’s attempt to get out of a lawsuit. Federal judge T.S.Ellis denied the motion to dismiss by citing credible evidence that professor Donald Lavanty, who judged the Title IX proceeding was biased against John Doe and other accused males. Ellis zeroed in on Lavanty’s alleged statements in a different case involving a male student who accused a female student of grabbing his genitals without consent. Lavanty asked the accusing male student if he was “aroused” by the unwanted touching. The student responded in the negative, to which Lavanty asked in apparent disbelief, “not at all?” Judge Ellis stated that these alleged comments suggest Lavanty holds “certain gendered beliefs.” Judge Ellis also said John Doe has made enough serious allegations about gender bias in the proceeding that his Title IX “erroneous outcome” claim can’t be dismissed at this stage.

thecollegefix.com By Jeremiah Poff

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YALE: THE EVIDENCE That Swung The Jurors to Unanimously say. Saifullah Kahn is Innocent

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YALE: THE EVIDENCE That Swung The Jurors to Unanimously say. Saifullah Kahn is Innocent

Two jurors involved in the recent sexual assault trial against Yale University student Saifullah Khan are trying to correct the record when it comes to the school’s decision to find the young man not guilty. “He’s innocent, and the facts prove it” Elise Wiener said. “He was acquitted because he deserved to be acquitted and the prosecutor should never have brought the case in the first place.”  The media is getting the facts of the trial completely wrong and maligning Khan.

thefederalist.com By Ashe Schow

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JUDGE DENIES Former USC Kicker Matt Boermeester’s Bid to Re-Enroll at School

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JUDGE DENIES Former USC Kicker Matt Boermeester’s Bid to Re-Enroll at School

Los Angeles Superior Court Judge Amy Hogue rejected a request by former USC placekicker Matt Boermeester to overturn last year’s expulsion from the university. In a speech last year on sexual assault on college campuses, Education Secretary Betsy DeVos cited Boermeester’s expulsion as “a disturbing case” because of a “failed system.”  Zoe Katz, Boermeester’s girlfriend repeatedly said that she had not been “abused, assaulted or otherwise mistreated by Matt.” Boermeester, 23, is two classes shy of graduation. The petition was an attempt to re-enroll in school, not re-join the team.

dailynews.com By Joey Kaufman

 

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POMONA: JUDGE FORCES College that Railroaded Accused Student to Pay his Attorney’s Fees

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POMONA: JUDGE FORCES College that Railroaded Accused Student to Pay his Attorney’s Fees

John Doe’s lawyers want Pomona College to pony up a quarter-million dollars – “at least” – for their services fending off a botched Title IX proceeding against their pseudonymous client. A trial judge who oversaw the student’s lawsuit against the elite Southern California school for nearly two years agrees that Doe deserves attorney’s fees from Pomona. Exactly what he’ll get remains up in the air, but Los Angeles Superior Court Judge Mary Strobel’s “tentative decision” March 5 makes one thing clear: Title IX proceedings that are not fair to accused students violate “the public interest.”

thecollegefix.com By Greg Piper

 

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YALE JURY Speaks. Evidence Proves Saifullah Khan is Innocent. 100% Innocent.

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YALE JURY Speaks. Evidence Proves Saifullah Khan is Innocent. 100% Innocent.

Press coverage of the acquittal of former Yale student Saifullah Khan on sexual assault charges has distorted the facts of case, jurors say.  According to the evidence presented, the story of what happened between Khan and his accuser is not so cut-and-dry as critics of his acquittal contend. “She testified that she was dragging her leg and he was holding her up.”  But surveillance video of the two of them leaving the concert showed an entirely different picture: “Once we blew the frames up and ran loops, three, four, five times, clearly that wasn’t the case. We all agreed that she was walking hand-in-hand, arm-in-arm, smiling.” In reality, the facts failed her—and the jury had no choice but to acquit.

weeklystandard.com By Alice B.Lloyd

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CONFIDENTIAL SETTLEMENT @ST. JOHN’s University. Good News For Male Student.

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CONFIDENTIAL SETTLEMENT @ST. JOHN’s University. Good News For Male Student.

Legal action has been withdrawn by a onetime St. John’s University male student who alleged gender bias when he sued his school and an affiliated college, claiming they falsely found that he probably sexually assaulted a female student and then suspended him. The falsely accused male contended that the investigation was biased against him because he was prevented from fairly challenging her contentions of what happened that night and that she retreated from her initial allegations. The suit was dismissed under a mutual agreement on both sides, according to court filings that did not address how this conclusion came about. The male’s attorney Andrea Jepsen, said that “the parties came to a mutually satisfactory agreement.” Jepsen declined to field questions about how the dismissal came about or whether her client remains suspended.

startribune.com By Paul Walsh

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INNOCENT. Yale’s Saifullah Khan is Innocent. Thank God for Due Process.

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INNOCENT. Yale’s Saifullah Khan is Innocent. Thank God for Due Process.

Saifullah Khan predicted four months ago he would beat his prosecution on rape charges. The ex-Yale University student was right- but he’d probably have a different verdict if his accuser had chosen a Title IX proceeding instead of one where Khan could have gone to prison.  It took less than four hours for six jurors to acquit Khan on all four counts “sexual assault in the first, second, third or fourth degrees.”  Juror Diane Urbana said “There was sufficient doubt on every charge.”…“We’re grateful to six courageous jurors who were able to understand that campus life isn’t the real world- kids experiment with identity and sexuality. When an experiment goes awry, it’s not a crime.”  Norm Pattis, Mr. Kahn’s attorney.

foxnews.com By F. Miles thecollegefix.com By G. Piper

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RULING: TITLE IX Charges Against LU Dropped. $100M Defamation Lawsuits Remain

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RULING: TITLE IX Charges Against LU Dropped. $100M Defamation Lawsuits Remain

Title IX claims against Liberty University have been dropped, but defamation charges remain in individual lawsuits brought by three former football players. A federal judge in Lynchburg allowed former LU football player Cameron Jackson’s defamation and Title IX cases against LU, Sarah Browning, and Len Stevens to move forward. Falsely accused Mr. Jackson claims that a press release sent out by Liberty University, saying they were investigating him for “reports of sexual assault,” violated his Title IX rights. The Lynchburg Commonwealth’s Attorney never charged Jackson because there was “insufficient evidence.”

Dismisal Order Title IX-charges-against-lu-dropped-defamation-claims-remain

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