RULING Against Rollins. Judge says College ‘Treated the Parties Differently From the Start’
Last month, U.S. District Judge Roy Dalton refused to dismiss a gender-bias lawsuit against Rollins, alleging that it expelled a male student after ignoring evidence in his favor while overlooking deficiencies in his accuser’s evidence.
There were no eyewitnesses to the sexual encounter between “John Doe” and “Jane Roe.” Though the 22 people interviewed in the investigation gave “conflicting accounts,” their testimony revealed that Roe could also be prosecuted under Rollins policy for taking advantage of an intoxicated Doe. The male student also alleged he faced retaliation during the investigation. The judge allowed Doe’s Title IX claims to move forward under two theories – erroneous outcome and selective enforcement – and also greenlit his breach-of-contract claim. Dalton’s approval of the breach-of-contract claim is notable because it suggests accused students only have to plausibly claim that the “investigatory and adjudicatory process” was not “essentially fair,” according to Brooklyn College Prof. KC Johnson, who chronicles Title IX litigation. The judge said it’s a plausible breach of contract that the college “used a biased investigator who assessed Jane Roe’s account as credible” over Doe’s, didn’t let him question her in any way, “reached the outcome without sufficient evidence” and failed to comply with “federal law and the Clery Act,” as Doe alleges.
..The avalanche of negative public attention against Rollins for its handling of sexual-misconduct complaints by female students led the college to prejudge Doe guilty “to protect its image,” – The college investigated Doe’s claims “amidst a clamor of public and campus scrutiny over its treatment of sexual assault complaints by female students” and “increased scrutiny with the Mancini litigation.” Dalton wrote. Dalton also mentioned that Doe claimed he was hit with “the severest form of penalties” – technically, “permanent separation” from the college and a ban from alumni events – because he’s male. The judge cited previous rulings from two federal appeals courts that aren’t his own, highlighting parallel allegations.
thecollegefix.com By Greg Piper
