EXPELLED USC Kicker Scores Victory In Title IX Case, Vows To Continue Fighting Male Bias
For more than three years, expelled University of Southern California (USC) football player Matt Boermeester – embroiled in a Title IX assault accusation case – has been fighting the state legal system just for the chance to have his side heard on a federal level. Despite a small and rare legal victory, the one-time National Football League (NFL) hopeful says he has a long way to go in his quest for due process in a life derailed by what he deems an unjust “male bias witch hunt.”
“The truth is important because the consequences for me have been so devastating. The truth is all I am seeking here,” Boermeester told Fox News this week. “You don’t realize, you are a kid at the time, that USC is trying to protect itself and its hundreds of millions of Title IX funding, not you as the student.”
Late last month, the California Court of Appeal reversed the trial court decision and overturned Boermeester’s January 2017 expulsion, ruling that his Title IX proceeding was “unfair.”
This paves the way for Boermeester, now 26, to forge ahead with a seven-count federal lawsuit against the prominent university on the grounds of “breach of contract, infliction of emotional distress, negligence and selective enforcement of Title IX,” the federal legislation that outlaws gender-based discrimination in the education system and obliges institutions to pursue investigations around sexual misconduct. “Based on nothing more than a third-party report by a non-witness–essentially a rumor that was easily and repeatedly disputed–a star athlete lost his education and his future career in the NFL,” lawyer Andrew Miltenberg said.
According to multiple attorneys interviewed by Fox News on the subject nationwide, more and more cases in a similar vein to Boermeester’s are now gaining traction in the justice system at a time when the Education Department is making sweeping changes to the way such investigations take place.
“The procedures at college campuses still stand out. Appeals like those in the recent Matt Boermeester case in California are becoming more common, as disturbingly deficient records reach appeals courts,” observed David Katz, a former assistant U.S. Attorney. “New rules encourage hearings by such standard, not a mere preponderance. New initiatives sent to campuses are a step in the right direction to try to get away from some colleges’ fawning acceptance and knee-jerk pursuit of accusations.”
foxnews.com-Hollie McKay
