So, I basically wanted to ask for some info and advice from /r/mensrights. I'm also happy to answer (most) questions regarding my situation. As I've been directly impacted by the dear colleague letter, I felt that you guys might find it interesting.
Proof: I will send proof to the mods when I return to my room (i'm currently at my girlfriends apartment - different girl).
I'm a university student at an ivy league school. At a party, I had a sexual encounter (sex) with a girl. My Story / The Truth: She performed fellatio on me. We discussed sex. She was unsure. She said yes (verbally and explicitly), i started, she said stop, i stopped. Her Story / The Accusations: She performed fellatio on me. We discussed sex. She was unsure. She never said yes, i started anyway, she said stop, i didn't stop.
Witnesses: None of the actual encounter.
Alcohol: The accuser does not allege inability to consent. Rather, the accuser alleges forcible intercourse following explicit non-consent. Nevertheless, the university is investigating both forcible intercourse following explicit non-consent and inability to consent due to alcohol.
The police are not pursuing it; the girl is pursuing it under the university code (no court, sealed records, etc, maximum punishment expulsion, no jail time, no sex offender registration). As per the dear colleague letters, the standard is a preponderance of the evidence.
It's been 14 weeks (the incident was at the end of the fall semester). The university has placed me on temporary suspension and issued a PNG (persona non grata). I have a lawyer who I like (consider skilled and able).
My issues: The university is yet to file charges against me internally or externally. I appealed the temporary suspension, arguing that I was not a risk to the community (as I have not yet committed a crime), and the appeal was turned down. It appears to me that I have already been punished for a crime I did not commit (this semester is a loss at present). The university has also violated its own code in several minor ways. My appeal of the temporary suspension was heard 2 days after the time limit set by the code. Additionally, the written decision for my appeal did not contain all the information the university code requires it to include (specifically, a statement of rationale). Finally, the individual responsible for investigating on behalf of the university has misconstrued my statement in several ways. Though this individual's mis-remembering is defensible (in the sense that they all small details an individual could easily remember incorrectly), it's still a strong frustration. Lastly, the university has interview a grand total of 8 witnesses in the 14 weeks they have been investigating the allegations.
Do I have any legal options here? Can I sue a private institution for not following its own code? Can I sue the university for a temporary suspension without charges? Can I sue the university for, after three months, not having gathered the relevant facts or made any attempt to proceed quickly?
It appears to me that the university is deliberately acting slowly. Once I had been placed on temporary suspension, the institution is content to ignore my case and investigate only at the slowest possible pace. As a result, I am forced to write transfer applications for next fall.
AMAA?
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