JUDGE APPROVES Subpoena for Obama Records on Anti-Male Bias in TIX Lawsuit
When a federal judge dismissed part of a male student’s Title IX lawsuit against his university she cited the binding precedent of her appeals court. But now that the 6th U.S. Circuit Court of Appeals has changed its precedent, Judge Susan Dlott has revised her ruling in a case against the University of Cincinnati. Plaintiff Tyler Gischel had asked the judge to reconsider her dismissal of his claims for “selective enforcement” under Title IX and violation of his equal protection and substantive due-process rights, in light of the 6th Circuit’s ruling against Miami University of Ohio…Plaintiff Gischel’s case is unusual because of evidence that his accuser, Jennifer Schoewe, had an inappropriate relationship with the detective investigating her allegations. Judge Dlott cited this evidence as one reason to let Gischel’s lawsuit proceed…A related ruling from Dlott is also notable for what appears to be a first in campus due-process litigation: approval of a subpoena for records that could show the university discriminated against males in response to pressure from the Obama administration. The 6th Circuit’s ruling reinstating the lawsuit against Miami University pointed to evidence that the investigator, Susan Vaughn, favored the accuser and told the accused that he probably sexually assaults women “all the time.” UC has the same problem Miami University did, the judge continued: It refused to investigate Schoewe’s alleged violation of Gischel -kissing him and touching his penis- because he didn’t file a formal complaint. According to TitleIX expert Prof. KC Johnson, Dlott appears to be the first judge to “not quash a subpoena” to OCR from a student accused of sexual misconduct, who is seeking information about OCR’s investigations of the school that punished the student. Gischel thinks the government’s documents could show whether the university “made statements to the OCR that tend to indicate that it was making gender-based decisions or had gender-based motivations in response to the OCR investigation and complaints.”
thecollegefix.com By Greg Piper
