http://tinyurl.com/hybq8j5
"Remember Amherst College student "John Doe," who was expelled for sexual misconduct, even though he had good reason to believe that his accuser had actually assaulted him? A judge recently blocked Doe's attempt to subpoena his female accuser's text messages on grounds that re-litigating the matter "would impose emotional and psychological trauma" on her.
Consider the implications of this decision. According to Seattle District Judge James Robart, a student who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, "Sandra Jones," was the actual violator of the college's sexual misconduct policies, does not deserve the opportunity to make his case because someone else's feelings are more important.
Whatever happened to believing the victim?
The incident in question took place years ago, during the late night / early morning hours of February 4-5, 2012. Jones was Doe's girlfriend's roommate at the time. Jones went to Doe's dorm room and sexual activity ensued: Jones performed oral sex on Doe.
But Doe was blackout drunk at the time—a detail that Amherst administrators deemed "credible," on subsequent review. Of course, it's questionable whether a blackout drunk student can actually provide the level of consent that Amherst's sexual misconduct policy requires.
Other factors cast doubt on the idea that Jones was the victim and Doe the perpetrator. After leaving Doe's dorm room, Jones texted another male student and asked him to come to her dorm room for sex. She also texted a residential advisor about her "stupid" decision to engage in sexual activity with her roommate's boyfriend. In these text messages, Jones admitted that she was "not an innocent bystander." She also complained about how long it was taking this second male student to do anything sexual with her. She did not file a complaint against Doe until two years later.
It's certainly possible that Jones was forced by Doe to give him oral sex without her consent, left the encounter with a fervent desire for another hookup, mischaracterized her own level of responsibility in a message to the RA, and didn't realize she had been sexually assaulted for another two years (after befriending a number of victims' advocates). It just doesn't seem like the most probable explanation for what happened. But, based on a preponderance of the evidence presented to Amherst administrators, Doe was expelled.
Keep in mind that administrators never reviewed the text messages, and when Doe asked the administration to re-open the case in light of this error, Amherst refused. Doe was given just seven days to appeal the finding of responsibility, but he didn't find out about the texts until months later.
Doe has filed suit against Amherst for mistreating him. He has not sued Jones, although maybe he should have. As part of his case against Amherst, Doe's legal team subpoenaed Jones to testify at the trial and turn over certain documents and records of statements she made about the alleged assault. Jones refused to cooperate.
[–]Senior EndorsedMattyAnon112 points113 points114 points (1 child) | Copy
[–]newls15 points16 points17 points (0 children) | Copy
[–]Senior Endorsed Contributormax_peenor214 points215 points216 points (31 children) | Copy
[–]gistaminute36 points37 points38 points (9 children) | Copy
[–]Senior Endorsed Contributormax_peenor60 points61 points62 points (1 child) | Copy
[–]TRP Legal ExpertColdIceZero22 points23 points24 points (0 children) | Copy
[–]1Entropy-711 points12 points13 points (1 child) | Copy
[–]1FunAndFreedom4 points5 points6 points (0 children) | Copy
[–]SpacePotatoBear12 points13 points14 points (0 children) | Copy
[–]KnowBrainer20 points21 points22 points (0 children) | Copy
[–]Endorsed ContributorBluepillProfessor3 points4 points5 points (0 children) | Copy
[–]newls16 points17 points18 points (3 children) | Copy
[–]forallmyfans2-1 points0 points1 point (0 children) | Copy
[–]Gawernator3 points4 points5 points (16 children) | Copy
[–]Senior Endorsed Contributormax_peenor12 points13 points14 points (0 children) | Copy
[–]jawsofthearmy-4 points-3 points-2 points (13 children) | Copy
[–][deleted] 2 points3 points4 points (6 children) | Copy
[–]jawsofthearmy0 points1 point2 points (5 children) | Copy
[–][deleted] 2 points3 points4 points (3 children) | Copy
[–]jawsofthearmy1 point2 points3 points (2 children) | Copy
[–][deleted] 2 points3 points4 points (1 child) | Copy
[–]jawsofthearmy0 points1 point2 points (0 children) | Copy
[–]Senior Endorsed Contributormax_peenor2 points3 points4 points (0 children) | Copy
[–]Gawernator0 points1 point2 points (0 children) | Copy
[–]plenty_of_eesh-5 points-4 points-3 points (4 children) | Copy
[–]Astutekahoots3 points4 points5 points (3 children) | Copy
[–]plenty_of_eesh-3 points-2 points-1 points (2 children) | Copy
[–]cashmoney_x2 points3 points4 points (0 children) | Copy
[–]VermillionManMarch41 points42 points43 points (2 children) | Copy
[–]wanderer77917 points18 points19 points (0 children) | Copy
[–]Senior Contributorexit_sandman2 points3 points4 points (0 children) | Copy
[–]Hillarysdilddo_201652 points53 points54 points (1 child) | Copy
[–]wanderer77914 points15 points16 points (0 children) | Copy
[–]Chymaera22 points23 points24 points (0 children) | Copy
[–]2CHAD_J_THUNDERCOCK12 points13 points14 points (0 children) | Copy
[–]kyledontcare12 points13 points14 points (0 children) | Copy
[–]Djbbst9 points10 points11 points (2 children) | Copy
[–]GrabHerByThePEPE16 points17 points18 points (1 child) | Copy
[–]BeachCruisin223 points4 points5 points (0 children) | Copy
[–]Endorsed ContributorBluepillProfessor8 points9 points10 points (1 child) | Copy
[–]Senior Contributorexit_sandman6 points7 points8 points (0 children) | Copy
[–][deleted] 7 points8 points9 points (0 children) | Copy
[–]scottlapier9 points10 points11 points (3 children) | Copy
[–]Elodere5 points6 points7 points (2 children) | Copy
[–]Forcetobereckonedwit2 points3 points4 points (1 child) | Copy
[–]grewapair4 points5 points6 points (0 children) | Copy
[–]Dishevel4 points5 points6 points (0 children) | Copy
[–]tomtomthebombomb3 points4 points5 points (0 children) | Copy
[–][deleted] 5 points6 points7 points (0 children) | Copy
[–]N3W_Skillers points points points [recovered] | Copy
[–]jawsofthearmy4 points5 points6 points (2 children) | Copy
[–]Brewjo4 points5 points6 points (0 children) | Copy
[–]MikoLassen1 point2 points3 points (0 children) | Copy
[–]Jayboah1 point2 points3 points (0 children) | Copy
[–]RICCIedm1 point2 points3 points (0 children) | Copy
[–]greatslyfer1 point2 points3 points (0 children) | Copy
[–]Senior Contributorexit_sandman0 points1 point2 points (0 children) | Copy