Friday, April 15, 2016

"Student Suspended for Rape Because He Didn't Stop Friends from Slapping Girl's Butt." "The University of Southern California found a male student, "John Doe," responsible for sexual assault and suspended him for two years. But his alleged victim, a female student, "Jane," maintained that the sex between them was consensual.  Doe was ultimately punished, not because he hurt Jane, but because he did nothing to prevent two other males from having rough sex with her—from slapping her on the buttocks—during an orgy.  That's just one of the mind-boggling details in Doe's lawsuit against USC. A California court of appeals recently sided with Doe, agreeing that the university violated his due process rights by not giving him a chance to defend himself and ultimately convicted him. The decision also asserts that USC simply didn't have enough evidence against Doe to find him responsible.

"We agree with John that the evidence does not support the Appeals Panel‟s findings as to either violation," wrote Associate Justice Audrey Collins, on behalf of two of her colleagues. "There is no substantial evidence that John encouraged or permitted other students to slap Jane on the buttocks in violation of section 11.44C, because the evidence does not demonstrate that John knew they would slap Jane nor that John was in a position to prevent them from doing so."  The incident took place at an off-campus fraternity party in January of 2013. Doe was a member of the fraternity: the two other males who attended the part and were involved in the incident, "Student 1 and Student 2," were students at a different university. Jane attended the party with a group of friends.  After dancing together, Jane, Doe, and Student 1 went off to a bedroom together to have sex. All agree that this encounter was consensual, according to the court's decision.  Later that evening, Jane and Doe returned to the bedroom to have sex again. Jane maintains that their sexual activity remained consensual, but other men—likely including Students 1 and 2—entered the room and also began performing sexual acts on Jane. These activities became rough, and culminated in one or two of the men—not Doe—slapping her butt.  

At no point did Jane tell any of the men to stop, but she did begin to cry after the slapping. All sexual activity then ceased. Jane later texted Doe that she had a good time with him, but "your friends suck though." She approached him again at a party some weeks later, but he declined to dance with her.  Months later, in August of 2014—after discussing her "confidence issues" with a counsellor—Jane decided that the incident constituted sexual assault and filed a complaint. Still, she maintained that she had consented to sex with Doe: it was the other men who had violated her.  USC disagreed, and accused Doe of violating 11 different sections of the student code of conduct, including "endangering the health of others," "engaging in obscene behavior at a university-sponsored event," and "engaging in non-consensual sexual touching."

Consider that for a moment. Jane said her sexual activity with Doe was consensual. The university then made the paternalistic and indefensible decision to override her opinion on the matter and described their sex as rape anyway.  The investigation process involved many of the same drawbacks common to university sexual misconduct cases: a process biased against the accused, limited methods for the accused to examine the evidence against him, or even the charges, etc. He was eventually found responsible on nine of the 11 charges and suspended for two years.  Doe appealed the decision to USC's Student Behavior Appeals Panel. Jane, despite describing her encounter with Doe as consensual, wrote a letter to the panel in support of his suspension:  Jane submitted a letter detailing the difficulties she had experienced after the incident, which she characterized as a rape. She also stated that she is uncomfortable on campus knowing that John was still there, and concluded, “I do not believe that the University is enforcing its Title IX responsibilities for responding effectively and immediately to reports of sexual harassment, or quelling what is currently a hostile environment. I expect that the University will hold [sic] its original decision for my case in order to ensure my safety, comfort, and peace on this campus.”  

...To be frank, the accusation is among the more dubious ones I've ever read about. Doe and his accuser, "Jane Roe," met during an impromptu gathering at a mutual friend's dorm on August 22, 2014. They first had sex that very night. They exchanged friendly text messages the next day, which were later provided as evidence in Doe's favor at his hearing, according to the judge's decision. They eventually had sex a second time. Some days after that, Roe visited Doe in his room and discovered another woman sitting on his bed. Roe left immediately. They had sex two more times after that—Roe was the initiator both times, according to the mutually agreed upon facts of the case. 

But on November 6, 2014, the university informed Doe that someone had accused him of sexual misconduct..."

Judge Sides with Gay Brandeis Student Guilty of 'Serious Sexual Transgression' for Kissing Sleeping Boyfriend - Hit & Run : "A judge rebuked Brandeis University for denying fundamental due process rights to a student who was found guilty of sexual misconduct for a variety of non-violent offenses: most notably, because he had awakened his then-boyfriend with nonconsensual kisses.  The process that Brandeis employed to investigate the matter was "essentially secret and inquisitorial," according to Dennis Saylor, a federal judge who ruled that the accused student's lawsuit against Brandeis should continue.  This is a significant victory for advocates of due process in campus sexual misconduct investigations. It's also an implicit skewering of affirmative consent as official policy. The accused, "John Doe," was found responsible for stolen kisses, suggestive touches, and a wandering eye—all within the context of an established sexual relationship. His former partner and accuser, J.C., did not file a complaint with the university until well after the incidents took place. In fact, J.C.'s participation in Brandeis' "sexual assault training" program caused him to re-evaluate the relationship. "

Are 1 in 5 Women Raped at College? - YouTube: "Is it true that 1 in 5 women are raped on America's college campuses? If so, what does that say about our universities and the people who run them? If not, how did that statistic get into the mainstream? Caroline Kitchens, Senior Research Associate at the American Enterprise Institute, looks at the data and explains the very significant results. "

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