LAWSUIT: Carleton College Hid Evidence That Accuser Invented Rape To Get Out Of Punishment For Drinking
Carleton College hid exculpatory evidence from a student it found responsible for sexual assault, even though it knew his accuser had ulterior motives, according to a federal lawsuit filed earlier this month. Carleton College withheld evidence that “Jane Doe asked campus security if she could face discipline for underage drinking before filing her complaint” against John Doe. Doe and his attorney only learned about the existence of exculpatory evidence after Carleton had expelled him.
Jane’s erratic behavior after an apparently consensual encounter with John led administrators to believe she was not able to consent. But her questions before accusing John suggest that she saw a sexual misconduct proceeding as a get-out-of-jail-free card for her own violation of campus policy, John argues. Jane sought a meeting with Laura Haave, who directs the Gender and Sexuality Center at the college, and Haave’s Twitter account says she owns a sex toy store. Haave would later be appointed Jane’s “support person,” and her “online presence indicates a strong anti-male stance,” the suit claims. At this meeting, Jane asked “if she would face discipline for underage drinking.” John only learned that Jane feared punishment for underage drinking after he had gone through the discovery process in his criminal proceeding, which was dropped by prosecutors.
…When John appealed Carleton’s three-term suspension the board handed down, Dean of Students Carolyn Livingston ramped up his punishment to expulsion. She agreed with Jane’s appeal that the sanction was too light, claiming that John “would pose a danger” to the Carleton community based on his claim that Jane was not incapacitated.
Doe’s lawsuit claims the investigative process was beset by “numerous procedural flaws” that rendered an “erroneous outcome” based on gender bias, in violation of Title IX. Doe is asking a federal judge for at least $75,000 in damages and a declaration that Carleton’s sexual misconduct proceedings violate Title IX and due process “as written, as implemented, and as applied” to him.
thecollegefix– A. Pease
