COURT RULING: Accused Male Can Move Forward w Title IX Claim Against SyracuseU
This case has been ongoing for about thirteen months. Before getting into the motion to dismiss, here’s a refresher. Syracuse student Jane Roe was drinking at a bar. She claimed that when she left, a “black male pulled her into an alley, grabbed her, and tried to kiss her….put his hands down her pants-” Roe got away with the help of a friend. Three months later, she found a black male in the bar who looked similar to her alleged assailant. This man was Syracuse student John Noakes. After engaging the police on several occasions she decided to pursue the matter exclusively through the school’s Title IX office. Jane did not show up to the hearing, so it proceeded without her. Noakes’ primary defense was that he was misidentified by Roe. Title IX Syracuse found Noakes guilty and suspended him for two years. He then sued. Noakes claimed that Syracuse’s process was flawed in numerous ways. Namely, the school:
- Failed to consider exculpatory evidence (such as text messages and selfies on Noakes’ phone)
- Used Noakes’ drunken state as evidence of guilt but did not consider whether Roe’s drunken state prevented her from accurately identifying her assailant
- Ignored Roe’s contradictory statements
- Failed to acquire sufficient evidence from the police investigation
- Did not allow Noakes the opportunity to read the school’s investigative report against him
- Relied on faulty information
- Did not allow Noakes the opportunity to cross-examine his accuser since she skipped the hearing (note that if accused students skip hearings this is often considered inculpatory by the school)
- Concluded that Roe was more credible despite the Board never hearing testimony directly from her
Noakes brought four claims against the school: Title IX, Breach of Contract, Title VI (race discrimination), and Negligence. As usual, the school filed a motion to dismiss each of Noakes’ claims in an attempt to quickly end the legal battle. Judge Thomas McAvoy granted and denied in part the motion to dismiss on February 26th. To see highlights from the Decision and Order go here: titleixforall.com/Motion to dismiss granted/denied in part in Noakes v. Syracuse University -J.Taylor thecollegefix.com -Staff
