Female Student denies rape occurred, boyfriend still expelled.

[Theodarzna]

Colorado State University-Pueblo suspended a male athlete for years after he was found responsible for sexually assaulting a female trainer. But the trainer never accused him of wrongdoing, and said repeatedly that their relationship was consensual. She even stated, unambiguously, "I'm fine and I wasn't raped."

That's according to the athlete's lawsuit against CSUP, which persuasively argues that the university not only deprived him of fundamental due process rights, but also denied sexual agency to an adult woman. Taken at face value, this case appears to represent one of the most paternalistic, puritanically anti-sex witch hunts ever reported on a college campus.

But that's not the only reason this case is interesting. The student-athlete, Grant Neal, has named the Education Department's Office for Civil Rights as a co-defendant. OCR's Title IX guidance to universities "encourages male gender bias and violation of due process right during sexual misconduct investigations," according to a statement from Neal's legal team.

Earlier this month, the Foundation for Individual Rights in Education and the law firm of Kaiser, LeGrand & Dillon offered to represent a student who is willing to sue OCR. While Neal has retained different legal representation, it appears that his lawyer—Andrew Miltenberg—is prepared to make similar arguments against Title IX overreach. (More on that in a bit.)

Neal's expulsion (it's silly to call it a "suspension"; multi-year suspensions are expulsions) stemmed from his allegedly improper sexual relationship with a female student and athletic trainer, Jane Doe. In the fall of 2015, Neal was a sophomore at CSUP: he and Doe became good friends and eventually developed romantic feelings for each other. Sexual relationships between athletes and trainers are frowned upon, however, so they first attempted to remain friends.

On October 23, they went to the movies together. Afterward, they kissed and engaged in consensual sexual behavior. They did so the following evening as well. These were not drunken hookups: these were mutually-agreed upon encounters, according to the details in the lawsuit.

At one point, Neal expressed concerns about giving Doe a hickey—a kiss mark on her neck—because the other trainers might notice it. Doe encouraged him to do so anyway, and promised to wear a hoodie the next day. These and other anecdotes demonstrate Doe's full complicity in the sexual activity that took place, though her statements are even more definitive.

The hickey was indeed noticed by another trainer, described as the "Complainant" in the lawsuit. When confronted, Doe confessed to the Complainant that she and Dean had engaged in sex. According to the lawsuit, the Complainant "presumed" this sex was nonconsensual, and reported it to the director of the athletic training program.

[...]

To be clear, CSUP apparently believes that Title IX requires the university to investigate a student for sexual misconduct, even when his alleged victim resolutely insists that he is innocent and does not want the issue investigated. Administrators essentially treated Doe like an object that belonged to them—one that no one else was allowed to touch.

Neal and Doe, it should be noted, had consensual sex again—probably because they genuinely liked and were interested in each other, despite the university's herculean efforts to keep them from touching each other.

Doe told another administrator, "Our stories are the same and he’s a good guy. He’s not a rapist, he’s not a criminal, it’s not even worth any of this hoopla!"

To belabor the point a bit, here are messages she sent to Neal, even after the university instituted a reciprocal no-contact order during the investigation:

[...]

The adjudicator—Defendant Roosevelt Wilson, who is named in the lawsuit—even refused to interview witnesses who would have corroborated Neal's account. "Defendant Wilson professed that he was in charge of the investigation and would be the only person to declare someone a witness in this matter," according to the lawsuit.

The predetermined outcome for Neal was a guilty verdict: he was suspended for the remainder of Doe's time at the university.

Source

So, to summarize; someone reports sexual activity that someone else is having. A college tribunal is assembled were even the alleged "victim," says no rape occurred and the school decided to declare him a rapist anyway. Title IX time to go? Or everything working as planned?

[purebalance]

Source

So, to summarize; someone reports sexual activity that someone else is having. A college tribunal is assembled were even the alleged "victim," says no rape occurred and the school decided to declare him a rapist anyway. Title IX time to go? Or everything working as planned?

Schools shouldn't be having a say in rape cases to begin with. If they are a criminal they should be taken to this magical place we've created to find out if society agrees.

[MatthewOU2015]

Schools need to let law enforcement handle stuff like this. We all know the schools will go overboard without proper evidence.

[GennGreymane]

Schools shouldn't be having a say in rape cases to begin with. If they are a criminal they should be taken to this magical place we've created to find out if society agrees.

This. Its up to actual authorities.

[Theodarzna]

Schools shouldn't be having a say in rape cases to begin with. If they are a criminal they should be taken to this magical place we've created to find out if society agrees.

I am of the opinion that you are right, but right now, legally universities are required to do these things.

I just find it galling that this is the third case I've seen were the accuser isn't even the alleged victim and the alleged victim denies anything even occurred.

[Damajin]

Source

So, to summarize; someone reports sexual activity that someone else is having. A college tribunal is assembled were even the alleged "victim," says no rape occurred and the school decided to declare him a rapist anyway. Title IX time to go? Or everything working as planned?

I'd say it's working as planned, nothing but a shitstorm and more wrongful chicanery out of the activist class.

[Machismo]

The school will end up paying millions for this stupidity. Expelling a student, even after it was made clear that the "victim" made it clear that it was consentual, means they are going way out of bounds. Not only will the school lose huge in a civil settlement (because they would be idiots to take it to trial), they are also going to possibly have criminal charges against some of them.

[Masark]

Schools need to let law enforcement handle stuff like this.

That would require law enforcement to to get up off their asses. How many thousands of rape kits have they left untested?

[Putin-Chan]

"You think that you're not a victim, but you actually are one."

[Strangebrew]

Remember when universities were about teaching, logic and reason?




Atleast the expelled dude is sueing the shit out of them, hope he wins.

[THE Bigzoman]

I must say,

Diminishing marginal utility has to kick in sooner or later when it comes to rape threads.

It just has to.

[Deleted]

I am of the opinion that you are right, but right now, legally universities are required to do these things.

I just find it galling that this is the third case I've seen were the accuser isn't even the alleged victim and the alleged victim denies anything even occurred.

The whole system is designed to impress/defend women at the moment.

Have you never heard of the R-Type mating strategy?

I actually wonder how you yourself would respond to this if you ever had sons who were the victims of this system.

How on Earth haven't you figured this out yet?

[jimboa24]

"We found a man who had sex with a woman! May we burn him?"

It's funny how the Puritans these days are actually self-described "progressives". Not even hardcore Christian universities go this far in persecuting couples engaged in a sexual relationship. I would know because I spent a year at one (Cedarville university in Ohio).

[Grimbold21]

So there's a rape accusation made and the university is the one carrying out the investigation?

Also, while it's apparently straight forward, this is one of those that makes me go "wait, smth is missing here", cause, you know, there's acusation being made, the people involved layed it out that there wasn't nothing bad going on, as in, it was consensual, and the university acts like police, lawyer and court?

[Jonnusthegreat]

Surprised this isn't a Tennisace thread. But seriously, this gentlemen deserves to sue the shit out of this university and I hope he gets a free college tuition paid for by them.

[Cthulhu 2020]

I must say,

Diminishing marginal utility has to kick in sooner or later when it comes to rape threads.

It just has to.

Am I remembering correctly that gender based threads are also not allowed now?

Not saying I agree with what happened in the OP, but I could swear that's a new policy.

[Hiricine]

Schools need to let law enforcement handle stuff like this. We all know the schools will go overboard without proper evidence.

Not to mention its not like we expect the police to teach University level courses, why would we expect Universities to provide law enforcement?

[Belize]

That would require law enforcement to to get up off their asses. How many thousands of rape kits have they left untested?

Probably enough to put every man ever into camps if you ask me.

[Zolaris192]

Higher education is a joke now anyways he's probably better off

[Theodarzna]

Am I remembering correctly that gender based threads are also not allowed now?

Not saying I agree with what happened in the OP, but I could swear that's a new policy.

This isn't a gender thread its a law thread, or a college application of law thread.