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So You’ve Been Accused of Sexual Assault or Misconduct on Campus. Here’s What You Need to Know

DGAgainstDV

September 21, 2015
44 upvotes
/r/MensRights
http://www.bostonlawyerblog.com/2014/10/27/youve-accused-sexual-assault-misconduct-campus-heres-need-know/
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Post Information
Title So You’ve Been Accused of Sexual Assault or Misconduct on Campus. Here’s What You Need to Know
Author

DGAgainstDV

Upvotes 44
Comments 11
Date September 21, 2015 10:50 PM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3lv66d/so_youve_been_accused_of_sexual_assault_or/
Archive Link https://theredarchive.com/r/MensRights/so-youve-been-accused-of-sexual-assault-or.970916
https://theredarchive.com/post/970916
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Comments

[–]Scoopz_Callahan 4 points5 points6 points 10 years ago (0 children) | Copy Link

I went through this. Without question the worst year of my life, and which took me another 2 1/2 to deal with in the form of PTSD and social anxiety. To this day it upsets me that after I presented a strong enough case that 1) I did not commit any violations and 2) that my accuser had tried to tamper with the process (asking witnesses to "play stupid", etc.) the University dismissed it and refused to take any action against her. It was my head or no one's.

[–][deleted] 2 points3 points4 points 10 years ago (7 children) | Copy Link

I would urge anyone being railroaded by a college tribunal to refuse to acquiesce to any of the proceedings and immediately hire counsel.

If you cannot afford legal representation, http://thefire.org/ may be able to help on your behalf.

[–]dungone 0 points1 point2 points 10 years ago (6 children) | Copy Link

Schools are more than happy to proceed without you, viewing your refusal as though it were a confession of guilt.

[–][deleted] 1 point2 points3 points 10 years ago (5 children) | Copy Link

They can't ignore a lawsuit filed in a real court of law though.

[–]dungone 0 points1 point2 points 10 years ago* (4 children) | Copy Link

You have to take the entire process seriously. If you don't, then you will loose in a real court, too. You can't show up in court and be like, "yo, judge, I gave my college the finger and they kicked me out, bro!". You have to follow the school's policies if you want to build a strong case later on in court.

[–][deleted] 0 points1 point2 points 10 years ago (3 children) | Copy Link

Um my advice is to get a lawyer immediately and take them to real court. How can that possibly be bad advice? Every time an accused student has done that the school has immediately backed down -- because they and their lawyers are well aware they are in the wrong. Their entire tactic is to browbeat students and they don't expect people to fight back.

Advising students to play into their unconstitutional games when there is no reason to is the bad advice.

[–]dungone 0 points1 point2 points 10 years ago* (2 children) | Copy Link

And any lawyer worth his salt will tell you to take the process seriously. Did you not read the article? Where they said to take it very seriously? Please don't try to give any students any of your personal advice. Let's hope they read he article instead of listening to you.

These lawyers not only stress the fact that you often do not have the right to a lawyer, but that you do not even have the right to remain silent. Remaining silent can and will be used as an admission of guilt.

The reason this article is needed is because of wrongheaded people like you who don't understand how he process works. Lawyers are helpless in situations where you do not have a right to a lawyer and you decide to act the fool and ruin your own case.

[–][deleted] 0 points1 point2 points 10 years ago (1 child) | Copy Link

People like you are the reason why they are able to get away with violating students' Constitutional rights.

These are show trials. Nothing more. Pretending that they matter outside the administrative bubble is foolish.

"The process" isn't relevant because it is unconstitutional, and every time it has been challenged in a real court it has been struck down.

To suggest that students submit to an unconstitutional and illegal process by a public institution, when there are better options (the actual justice system), is the height of foolishness.

The Obama administration thanks you for your subservience, though.

[–]dungone 0 points1 point2 points 10 years ago (0 children) | Copy Link

You don't seem to grasp the gravity of this. A realistic scenario is that a school administrator will schedule a meeting without telling you what it is about and once you get there, start deposing you without even fully explaining the charges against you. By the time the meeting is over and you call your lawyer, the process may be set in motion and you and your lawyer may not hear back from them until they tell you that you've been expelled. It will hen take years for your case to go through the regular courts, after which your education and career have already been irreparably damaged. That's how this works. Fuck around with the process at your own risk.

This isn't some abstract philosophical concept, this is about someone's life. Don't fuck that up for them and then go, "Thanks Obama". You can make a constitutional case out of it, but not by actually ruining your chance to make a constitutional case out of it. The desired result is to actually win in court, if it comes down to that. Being a retard won't serve you well.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

It would be interesting to know their opinion on filing counterclaims of assault where appropriate, e.g., mutual drunk sex. Are there any such cases involving competing claims that anyone knows of?

[–]dungone 0 points1 point2 points 10 years ago (0 children) | Copy Link

Long term, if this doesn't result in more men getting degrees from male-friendly schools that refuse to accept Federal funding, then I don't know what will.

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