JOHN DOE is Autistic. John went to Alaska Pacific. John Cuddled with a Girl. John got Expelled.
John Doe was a freshman at Alaska Pacific University. He was diagnosed with autism in high school and his parents, provided Alaska Pacific with documentation regarding his autism, how it manifests itself and the resulting social awkwardness… John Doe met E.E., a female student at the University of Alaska. They spent some time together and spent time in his room. During that time, they cuddled, kissed and embraced. E.E. did not leave or attempt to leave. E.E. did not protest. E.E. did not give any sign she was reluctant or forced. They started to watch a movie. John Doe left to go to class. Upon his return, E.E. was still in the room and crying. E.E. called her mother, who came to get her. John was approached by Anchorage Police Depart. officials. John was surprised and saddened by E.E.’s response. John Doe’s social awkwardness and autism and law enforcement’s experience in interrogating hardened criminals led John Doe to think he must have done something wrong. The Anchorage Police Depart. & the State of Alaska Department of Law thoroughly investigated this matter and determined that John Doe had committed no crime. Based upon that investigation, no charges were filed.
Alaska Pacific then conducted its own investigation. Alaska Pacific made no accommodation of John Doe’s autism and its effects as part of their process. The Americans with Disabilities Act requires Alaska Pacific to make reasonable accommodation to his documented disability. Alaska Pacific had actual notice of John’s disability. John’s father provided Alaska Pacific with extensive documentation regarding his son’s diagnoses, including his treatment providers, descriptions of how his disability affects him. Alaska Pacific made no attempt to accommodate John’s disability in any way. Alaska Pacific did not conduct any hearing. John Doe was not allowed to present any evidence. John Doe was not given access to the evidence gathered by Alaska Pacific. John Doe was not afforded the opportunity to present any evidence from relevant witnesses. Without a hearing, Alaska Pacific decided that John Doe was guilty of sexual misconduct, abusive sexual contact and dating violence. John was expelled. This injustice was the direct result of Alaska Pacific’s failure to (1) conduct an adequate investigation; (2) provide Plaintiff with due process as defined by Alaska Pacific’s own policies and Title IX of the Education Amendments of 1972; (3) make reasonable modifications in Alaska Pacific’s policies, practices, or procedures regarding Plaintiff’s diagnosed and documented disability, namely autism, as required by the Americans with Disabilities Act, and due to (4) Alaska Pacific’s excessive and unbalanced focus on the concerns and interests of the female complainant and the convenience of the University to the total exclusion of the rights and interests of the male Plaintiff.
