LAWSUIT: Penn State Retroactively Redefined ‘Consent’ After Accused Male Won a New Hearing
When Pennsylvania State University found a male student responsible for sexual misconduct, it said he had coerced a female student into sex by “cajoling” her. A high-ranking official questioned the finding, asking if the hearing panel had correctly applied the university’s consent definition. The taxpayer-funded institution then retroactively changed its consent definition and scheduled another Title IX hearing, according to a lawsuit filed last week… John Doe claims that PSU violated his Fourteenth Amendment right to due process and Title IX right to “equal treatment.” The university is liable under the “erroneous outcome” theory of Title IX, he argues, because its gender bias led to the incorrect finding against him.
PSU changed its sexual misconduct proceedings in 2015 even as it kept all other disciplinary proceedings the same, according to the lawsuit. It removed the hearing board, cross-examination and clear-and-convincing evidence standard. The university switched to an “investigative model” where one official interviews parties and witnesses, determines which evidence is “relevant” and “appropriate,” and is immune to challenge from the parties. The lawsuit notes the disparity between sexual misconduct and all other PSU proceedings when it comes to an accused student’s options to challenge findings and sanctions.
John accused the university of slanting Title IX investigations against both him and men in general. He said the investigator “failed to explore clear discrepancies” such as medical reports that contradicted Jane’s statements to the investigator. The panel also “engaged in gender stereotyping” by believing Jane’s explanation of her texts while judging him for waiting to “provide a statement until he could review the investigative packet.” As a practical matter, PSU forces males to “prove that affirmative consent was present through each and every moment of a sexual interaction,” which flips the burden of proof. “The totality of circumstances” shows that PSU “has demonstrated a pattern of inherent and systematic gender bias and discrimination against male students accused of misconduct,” John said.
The accused student is temporarily protected from a new Title IX hearing. John’s lawyer said the parties agreed to reschedule the hearing for a later date.
thecollegefix– Greg Piper
