Summary: I've read the court transcript (so that you don't have to), there's lots of points relevant to American College today. Much of it is good news about the state of the courts, and terrible news about the state of Colleges.

The super quick version: Guy accused by college, gets thrown out, court forces college to readmit, not allowed back on the football team.

I'm not a student currently and I'm not in the US. This post is a detailed reply to : https://archive.is/xyoDa (can't link directly to reddit even though it's our sub)

This is a synopsis of the court report, see above for the links.

The Court finds:

P1: Entire TitleIX investigation done by a single 5th yr 22 old female athletic trainer (Dr Kegan Allee). Title IX Investigator has previous history of advocating for rape victims. She is the judge, jury, and executioner of this (probably all) Title IX cases at USC.

Also explained in the document: Female is an athletic trainer, and would be fired from Athletic Training if consensual sex with accused was discovered. (My interpretation: This strong bias and probable motive is ignored in the "balance of probabilities" investigation - a TitleIX conviction against him would eliminate him as a threat to her position in the university).

Background:

  • P5 12. Court is aware of growing controversy of these cases, and lists some cases including the Rolling Stone gang rape case and our old friend mattress girl.
  • P6 9. Dept. of Education's Office of Civil Rights tells universities to lower standard of proof of sexual violence to balance of probabilities, "more likely than not", ie proof required = 51%.
  • P8 12. Lists many cases of proven falsehood.
  • 13: " USC has adopted procedures that lack the most basic elements of fairness and due process that are overwhelmingly stacked against accused male students, and are in no way required by Title IX law nor any federal or state regulation".

Parts 13 and 14 goes into long detail about how much USC has got this stuff wrong, how politicized and biased the whole thing is, and how there is no actual evidence in this particular case.

Then onto investigation of this case:

  • First incident: intimacy and fingering. No issue, no complaint. Female says she blacked out and couldn't remember what had happened.
  • Second incident: female goes round again at 2 am. goes to get burrito. female tries to avoid being seen with guy (I think we can guess why).
  • 27: describes (hearsay from TitleIX investigator) the incident as reported by the accused.
  • 28: had sex
  • 29: other people hear normal girl sex moans
  • 30: female tells encounter to bf, who believes it's consensual. She doesn't include him as a witness. SHE HAS CHEATED TWICE BEFORE.
  • 31: Boyfriend is never interviewed by TitleIX investigator.
  • 32: Female has health tests. describes incident, THEY report to Police, female declines to pursue.
  • 33: Female reports to TitleIX investigator. "she acknowledged that at no point did she ask Mr. Dixon to stop nor did she express any lack of consent." Female would be fired from Athletic Training if it was known she was fucking an Athlete. Female is concerned about potential blackmail from accused. "The female trainer did not voice any other objections [to sex]"
  • 36. TitleIX investigator: "He also stated that he believed she indicated affirmative consent by lying naked on the bed while he put on the condom. However, since both accounts cannot be true, and I find [the female trainer] to be more credible, I find that it is more likely than not that sexual activity [was] forcible and non-consensual."

Of note is that there are no conflicting accounts, she has actually provided no evidence to the contrary that conflicts with what he said.

  • 39,40. Court says "RESPONDENTS' ACTIONS AND DECISION ARE INVALID" and goes into great detail about how USC have got this totally wrong.
  • 42: Court has authority, because it is not an academic affair

USC stands by its decision, is forced to allow accused in college, does not allow back on football team.

The court reporting is very positive, and makes a lot of criticism of USC and the current TitleIX culture of presumed guilt. This is very good news and being able to take colleges to court may perhaps one day motivate them to be fairer than they are at present. If you are at college now or in the future, you need to be aware of the strength of support from your courts (if this example is anything to go by), if not from the college you are paying to educate you.

Of course a conviction against the female for this outstanding level of harassment is unlikely given who would be investigating the claim.

Conclusion: be aware of your legal rights, they are greater than your college would have you believe.