A judge has ru
led George Washington University broke its contract with a student after he was accused of sexual assault and denied a chance to appeal even though he had evidence that directly contradicted the accuser’s claim. John Doe proclaimed his innocence and said that his accuser never made a phone call she claimed to have made — a phone call the school determined proved she had been too drunk to consent to sex. U.S. District Court Judge Rosemary M. Collyer agreed that this evidence — and expert testimony from a toxicologist – should have been enough to grant John an appeal. Judge Collyer sided with John Doe, ruling that the university was in breach of its own rules by refusing to hear his appeal of its finding against him. The university protested the student’s description of its code as a “contract,” saying that it “did not intend to be bound by the Code and that there is no mutuality of obligation.” It’s the second recent court ruling to find that a university ignored its own contract with a disciplined party. Last month the Wisconsin Supreme Court ordered Marquette University to reinstate a tenured conservative professor it had functionally fired for publicly criticizing a socially liberal colleague by name… John Doe sued GW on multiple claims, including breach of contract. GW argued that while John was re
quired to follow the university’s code of conduct, it had no obligation to do so in return, something Judge Collyer didn’t buy. Collyer had earlier refused to order GWU to clear Doe’s record and give him his degree, saying he hadn’t suffered “irreparable harm,” but the judge also found that Doe was “likely to succeed on the merits” of his appeal claim.
dailywire.com By Schow thecollegefix.com By Piper
