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Male Student Expelled For Consensual Sex
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DexterDevil Offline
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Male Student Expelled For Consensual Sex
http://reason.com/blog/2017/02/27/interv...-rape-even

Quote:There was one moment during Colorado State University-Pueblo's investigation into sophomore Grant Neal—an athlete accused, and eventually expelled, for sexually assaulting his girlfriend—that made Neal realized he was about to be railroaded.

Neal's girlfriend, Jane Doe, never accused him of wrongdoing, and famously stated, "I'm fine and I wasn't raped." But CSU-Pueblo initiated an inquiry into their forbidden relationship, which violated an informal rule about physical trainers dating athletes. The university prohibited them from contacting one another during the course of the investigation, but Doe paid little heed to the no-contact order and sent Neal several supportive messages.

Neal, though, was worried her messages could get him in even more trouble, so he promptly informed Roosevelt Wilson, the university official charged with investigating the matter under Title IX—the federal state prohibiting sex-based inequality at institutions of higher education.

"it really hit me after the second meeting I had with the Title IX officer, Roosevelt Wilson," Neal recalled during an interview with Reason.

Neal asked Wilson what he should do about the fact that Doe was still texting him.

"I said, well, she's snapchatted me, what do you want me to do? He told me to open [the snapchat messages] and take a screenshot and send them to him, so I did that," he said.

This turned out to be bad advice.

"[Roosevelt's] email response back to me was, you could be potentially be in complication with your no contact order for opening the snapchats that she sent you," said Neal.

Quote:Neal's case is unique in that Doe, the alleged victim never made a complaint, and denied that Neal had done anything deserving of punishment.

Instead, a third party—who was an acquaintance of Doe's—made the complaint. This person, a female student and trainer, spotted a hickey on Doe's neck and surmised that she had been assaulted by Neal. Doe texted Neal to let him know he was likely to be questioned by university officials.

At the time, Neal had no idea his life was about to be made a living hell. In fact, he was worried Doe would be in trouble—for dating an athlete. When he went to meet up with Doe, he assumed he was going to "console" her.

"What happened then was she just seemed very visibly upset so my immediate reaction was that she probably got kicked out of the athletic training program," Neal says.

Instead, Doe began to explain to Neal that the other trainer had suggested to Dr. Richard Clark—director of the athletic training program—that Doe might have been assaulted by Neal. Clark immediately informed his wife, who was a CSU-Pueblo faculty member, and Wilson.

Doe attempted to put an end to the matter at once: Neal recorded her making the definitive statement, "I'm fine and I wasn't raped" to university officials. But no one cared. In the eyes of the university, it was not Doe's place to determine whether she was a victim of sexual assault—that was Wilson's job.

"I was just under the impression that there was a big mix-up and I didn't understand the magnitude of the situation that I was really in at that time," says Neal.

What followed was a mockery of due process. Roosevelt met with Neal and thrice accused him of raping Doe. At this point in time, no one had suggested to Doe that he should consult a lawyer, let alone inform him of the seriousness of his situation.

The investigation continued, even though Doe did not consider herself a victim of assault and was in fact interested in continuing her relationship with Neal. She even engaged in consensual sex with him the night after the Title IX investigation began.

Incidentally, this act was accidentally witnessed by one of Neal's roommates, and he thought it should count as evidence in his favor. But Wilson declined to interview the roommate. Wilson went so far as to lecture Neal that it was his job—not Neal's—to decide which witnesses were worth interviewing.

"[Wilson] would deem things evidence if he wanted to," says Neal. "He didn't allow me to call any witnesses in my favor."

Since Wilson wasn't interested in any opinion that contradicted his theory of what happened, his investigative report could reach only one conclusion, even if that report contradicted the opinions of both Neal and Doe. In early December of 2015, Wilson submitted his report to Jennifer DeLuna, CSU-Pueblo's director of diversity and inclusion. Neal was given just 24 hours to make himself available to appear before DeLuna. This meeting was, in Neal's view, a "sham."

"It wasn't actually a hearing at all," says Neal. "I was allowed to have legal counsel there if I wanted to, but the legal counsel wasn't allowed to counsel."

Quote:In the months that followed, it was difficult for Neal not to succumb to depression. He made several attempts to transfer schools, but was denied admission every time. His status as a sexual misconduct violator killed his chances.

"It's one thing for someone to tell you that your dreams aren't attainable but to have that written to you on multiple occasions and still have to apply and try, and still to keep going forward… I can't even begin to describe the pain," says Neal, beginning to choke up.

He became a nutrition specialist at GNC, and draws strength from his grandmother, who reminds him to "control the controllables." He's currently watching his friends prepare to graduate and pursue opportunities that are no longer available to him.

It's an experience that would make anyone bitter, though Neal says he doesn't hold Doe responsible. How could he, when she never complained?

"I blame Roosevelt Wilson for conducting a non-impartial investigation," he says. "I blame the university for standing by and watch a miscarriage of justice happen. I blame Title IX and the Department of Education for profiling males in a certain manner, scaring universities into making decisions that aren't necessarily just."

There are other issues. Neal, like so many male students disciplined as a result of Title IX investigations, is an athlete of color. And Doe, like so many alleged victims, is a white woman. Could racism have been a factor here? Neal doesn't want to believe so—he hates to "assume the race card"—but finds it hard to ignore.

"I want to think that that's not true but I wouldn't put it past them," he says. "It's terrible, and black, white, Latino, I would not want this to happen to anybody. I wouldn't wish this upon my worst enemy."

Neal pauses.

"I wouldn't wish this upon Roosevelt Wilson, who put me through this," he says.

Dozens of wrongfully punished students have brought lawsuits against universities. Neal's is novel in that it seeks to hold the federal government responsible for eroding due process rights on campuses. At Reason and elsewhere, I have made the case that the Education Department's Title IX guidance does not comport with basic principles of justice, and should be revised.

Unfortunately, it was this aspect of Neal's lawsuit that the magistrate contested. The magistrate's recommendation suggests that CSU-Pueblo's treatment of Neal was so glaringly unfair, it might be a stretch to blame the government.

And yet OCR's Title IX guidance is at the center of so much of the college war on due process. Universities are worried that they will lose federal funding if they do not obey the dictates of OCR, which requires the use of the preponderance of the evidence standard while discouraging cross-examination. This puts many accused students in a position where they are unable to prove their innocence, because they have been deprived of the means to do so.

"One rape on the campus is horrible and I will not stand for it whatsoever," says Neal. "But then again, one false accusation does not solve the problem. I really feel like the Title IX proceedings and things like that are a band-aid solution to a bigger problem, and I feel like it's not going to help anything."
(This post was last modified: 02-28-2017 03:19 AM by DexterDevil.)
02-28-2017 03:13 AM
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SuperFlyBCat Offline
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RE: Male Student Expelled For Consensual Sex
02-28-2017 06:15 AM
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Jugnaut Offline
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RE: Male Student Expelled For Consensual Sex
I hope he sticks it to the university. This is one area Trump should look into. I've heard too many stories like this.
02-28-2017 06:54 AM
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RE: Male Student Expelled For Consensual Sex
(02-28-2017 06:54 AM)Jugnaut Wrote:  I hope he sticks it to the university. This is one area Trump should look into. I've heard too many stories like this.

Call up the NAACP. Expelled for sex with a white woman. Georgia Tech had to pay a big settlement for railroading someone in a Title IX investigation and he wasn't Black. Ought to be an easy win for him.
02-28-2017 09:41 AM
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CliftonAve Offline
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RE: Male Student Expelled For Consensual Sex
Time to call this guy..

[Image: lawyer.jpg]
(This post was last modified: 02-28-2017 09:49 AM by CliftonAve.)
02-28-2017 09:49 AM
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EigenEagle Offline
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RE: Male Student Expelled For Consensual Sex
Trump needs to flip Obama's script. Start threatening schools with sexual assault policies that are unfair and stacked against the accused.
02-28-2017 10:00 AM
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Bull_Is_Back Offline
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RE: Male Student Expelled For Consensual Sex
(02-28-2017 10:00 AM)EigenEagle Wrote:  Trump needs to flip Obama's script. Start threatening schools with sexual assault policies that are unfair and stacked against the accused.

I'd not even word it like that...

"Failure to provide appropriate due process to both the accused and the alleged victim could result in financial sanctions from the department of education"
02-28-2017 11:22 AM
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DexterDevil Offline
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RE: Male Student Expelled For Consensual Sex
http://reason.com/blog/2017/02/28/studen...-amherst-d

Quote:Amherst
Matthew G. Bisanz
A former student, "John Doe," has sued Amherst College for wrongfully expelling him after a female student accused him of sexual misconduct. The case is notable because Doe might have actually been the victim, rather than the perpetrator: he was incapacitated, she was not.

On Tuesday, Doe won a significant victory: a district court judge scrutinized Doe's claims that Amherst violated his rights, breached its contract with him, and conducted an unfair extra-legal procedure. Several of the claims survived Amherst's challenge, allowing the lawsuit to proceed to trial.

Of particular note, the judge thought Doe's claim that Amherst discriminated against him on the basis of gender had some merit. The judge also ruled that Doe was right to assume the college would conduct a fair investigation.

"These are specific factual allegations that the College responded differently to similar reports when the genders of the potential victims and aggressors were different," wrote Judge Mark Mastroianni. "They provide a foundation from which a court can infer gender-based discrimination may have played a role in the College's responses."

Quote:A sexual encounter began. Doe was blackout-drunk at the time, and later had no memory of what transpired. Jones had been drinking but was merely buzzed. She started to perform oral sex on Doe—what happened next is disputed. Jones would eventually characterize the encounter in several different ways: initially maintaining that it was ill-advised but consensual, later claiming that it began consensual but became nonconsensual, and ultimately describing herself as an unwilling participant.


Quote:Months later, Jones wrote an essay about the encounter for a student publication. "It began consensually, but evolved into something that was decidedly not," she wrote.

Doe read the essay and felt sorry about what had happened—though he still had no memory of it, and maintained that he had not engaged in non-consensual sex. He approached a student identified as "LR" in the lawsuit. LR worked at the student publication and had edited Jones' essay. LR also served on Amherst's Special Oversight Committee on Sexual Misconduct. According to the lawsuit, Doe "explained that while he still had no memory of his interaction with Jones, he hoped to get some guidance on what he could do to make amends to Jones."

LR told him to seek counselling and continuing avoiding Jones. LR also treated this encounter as a sort of admission of wrongdoing on Doe's part. LR reported Doe to Amherst's Title IX team, and informed Jones that she would testify on Jones' behalf if any complaint was made.

Amherst hired a lawyer, Allyson Kurker, to investigate the dispute. Intriguingly, this investigator wasn't persuaded by LR's assertion that Doe had confessed, and wrote in a report "LR's testimony… conflicted with the testimony of others."

The text messages Jones sent on the night of February 4-5 would have also conflicted with her own assertions about what happened. But these text messages were never reviewed by Amherst officials. Doe was found responsible for sexual misconduct and expelled.

Weeks later, having learned about the text messages that might have acquitted him, Doe asked the college to re-litigate the matter. Amherst refused.

His lawsuit contends, in part, that he was discriminated against because of his gender. There's one specific detail that makes this claim plausible: Doe was incapacitated by alcohol at the time of the incident, and Jones was not. Amherst's sexual misconduct policy stipulates that incapacitated individuals cannot consent to sexual activity. It's therefore possible to argue that Jones could not have had consent to initiate sexuality activity with Doe in the first place—which would mean Jones had engaged in sexual misconduct.

But Amherst officials showed no interest in pursuing this possibility. They did not make any effort to uncover evidence that would have supported it. No one pressed Doe to file a Title IX complaint against Jones.

Another story for ya guys.
03-01-2017 01:07 AM
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RE: Male Student Expelled For Consensual Sex
College [presidents are so scared of this (title IX/sex) right now they are basically kicking males out of school over anything. Western had 3 basketball players (all black) dismissed at the end of last season for basically running a train on a willing partner. It wasn't her first. It also wasn't the first time she had agreed to video of the act. The difference this time the video got out and all 3 players were dismissed. The girl wasn't even if she was a willing part of it.

Lost a lot of respect for Western's president and AD on this move. Anything to do with sex and title IX turns into a witch hunt and all the rules in place is against the accused males.
(This post was last modified: 03-01-2017 01:19 AM by WKUYG.)
03-01-2017 01:18 AM
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RE: Male Student Expelled For Consensual Sex
(02-28-2017 10:00 AM)EigenEagle Wrote:  Trump needs to flip Obama's script. Start threatening schools with sexual assault policies that are unfair and stacked against the accused.

This all goes back to a non-binding "Dear Colleague" letter and can be undone with a new letter of guidance.

Hey Betsy, you got a job to do.
(This post was last modified: 03-01-2017 11:34 AM by LeFlâneur.)
03-01-2017 11:34 AM
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RE: Male Student Expelled For Consensual Sex
Justice department needs to get busy filing criminal civil rights actions against some of these college administrators. That would get their attention.
(This post was last modified: 03-03-2017 07:19 AM by Owl 69/70/75.)
03-02-2017 05:20 PM
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RE: Male Student Expelled For Consensual Sex
This is the civil rights issue of our time.

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03-02-2017 06:15 PM
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