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The Chicago Maroon: Why a Male Student Accused of Sexual Assault Is Suing the University Under Title IX

bertreapot

September 3, 2016
25 upvotes
/r/MensRights
https://chicagomaroon.com/2016/08/31/why-a-male-student-accused-of-sexual-assault-is-suing-the-university-under-title-ix/
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Title The Chicago Maroon: Why a Male Student Accused of Sexual Assault Is Suing the University Under Title IX
Author

bertreapot

Upvotes 25
Comments 6
Date September 3, 2016 5:33 PM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/50ztkh/the_chicago_maroon_why_a_male_student_accused_of/
Archive Link https://theredarchive.com/r/MensRights/the-chicago-maroon-why-a-male-student-accused-of.942341
https://theredarchive.com/post/942341
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Comments

[–]Mens-Advocate 5 points6 points7 points 9 years ago* (1 child) | Copy Link

These suits aim too low. They should seek to bankrupt the institution and the accuser.

The suit alleges that “Jane Roe” told other people at the University of Chicago that “John Doe” had raped her and that she added his name to the “Hyde Park List,” a Tumblr page that listed students it said had committed sexual assault or harassment.

Media neutrality notwithstanding, the students listed should attempt a class action suit to bankrupt Tumbler.

[–]derpylord143 3 points4 points5 points 9 years ago (0 children) | Copy Link

I doubt itd work out tbh, chances are its in tumblrs terms of use not to do that sorta thing, and their argument would be "we removed it as soon as we became aware" (aka when they became aware lawyers were involved) and nothing much would happen as it isnt the site itself's fault, but the individual users... or atleast thats my guess. that said im not very versed on US defamation/libel laws (or defamation/libel laws in general) and could be entirely wrong, in which case i would strongly suggest they do so.

[–][deleted] 3 points4 points5 points 9 years ago (2 children) | Copy Link

In my non-expect legal opinion, I think there needs to be a constitutional challenge to Title IX. The way I see it, because Title IX is a federal law that mandates schools investigate and most importantly, punish an individual, Title IX effectively makes a university an extension of law enforcement of the federal government. As such, I think the standard of guild (50.01%), lack of ability to confront one's accuser, inability to have a lawyer present during proceedings, etc. are direct violations of the U.S. Constitution. If this were solely colleges doing this on their own they would have that right as private institutions, but because they are being compelled to do these things by the government this is in effect law enforcement and as such the accused are permitted certain rights. I think these lawsuits are great, and I hope to god that this escalates to the U.S. Supreme Court in the next couple of years.

[–]bertreapot[S] 0 points1 point2 points 9 years ago (1 child) | Copy Link

There is a good argument there, however the response is that as these are school disciplinary actions rather than criminal trials, the department of education can do this.

However, there are Supreme Court cases that say public institutions and schools that receive federal funding (which is nearly all of them) need to have minimal levels of due process. How Title IX is currently being abused is below those minimal levels.

Unfortunately, you need to have judges buy this argument, and most side with the feminists. Alternatively, a new president can tell the department of education that they're to interpret Title IX differently, and inform colleges their interpretation of the law has changed. However I don't see Clinton doing that, and if Trump does it the feminists will scream bloody murder.

[–][deleted] 1 point2 points3 points 9 years ago (0 children) | Copy Link

however the response is that as these are school disciplinary actions rather than criminal trials, the department of education can do this.

The constitution does not permit the government to punish a citizen without due process of law. I agree that a private school doing this stuff on their own is not an issue, though it would be shitty, but the moment that a school is compelled by the government to do these things, then the due process aspects of the constitution would seem to apply. I think you and I are in agreement on this point. There have been a number of judges ruling in favor of men by reinstating them or requiring a school reconsider a case but with added protections to the student. However, I don't think anyone has yet challenged Title IX directly on constitutional grounds. Thus far all I've seen is people challenging title IX using Title IX itself, similar to this case, with them saying that the process discriminates against them due to their gender. I think the approach needs to shift to a direct constitutional challenge to the law.

However I don't see Clinton doing that, and if Trump does it the feminists will scream bloody murder.

Not many people know this, but this issue of campus sexual assault proceedings is actually part of the republican party's official platform this year. Check out pg.35 below.

https://prod-static-ngop-pbl.s3.amazonaws.com/media/documents/DRAFT_12_FINAL[1]-ben_1468872234.pdf

[–]bertreapot[S] 1 point2 points3 points 9 years ago (0 children) | Copy Link

“Jane Doe” then filed a Title IX complaint in June against “John Doe,” saying he had sexually assaulted her in 2013. The University initially told “John Doe” that it planned to pursue the case under the 2015 Student Manual, which had a different definition of consent from the 2013 Student Manual.

The suit says that “it was impossible for John Doe to know whether his consensual physical encounters with Jane Doe in 2013 might violate subsequently created stringent mandates in UC’s 2015 Manual.”

Colleges are supposed to be run by the best and the brightest, especially elite colleges like the University of Chicago. So I love it when they try to pull these clearly bush-league antics.

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