Columbia | Sexual Assault | Athlete | Lawsuit edge | Due Process edge
University of Washington Students Develop Medical Marijuana Delivery App The College Fix Profiles Paul L. Caron of TaxProfBlog Boise State Under Fire For Shameful Targeting of Pro-Second edge Amendment Event Tolerance, Diversity edge and the Redskins New York man guilty of rape after mention in college application essay Accuracy in Academia Launches Online Conservative University
In recent days, the names of alleged “rapists” have been scrawled on bathroom walls and in flyers, edge as reported at The Columbia Spectator , The NY Daily News , and The Columbia Lion , and Jezebel , which provided this redacted image:
Against this backdrop of claims that sexual assaults are not addressed adequately edge by administrators, there has been substantial pushback at many campuses that the definitions of sexual assault and consent edge used on campuses are overly broad and that males are not given sufficient due process protection: Kangaroo courts for men on campus California Seeks to Redefine Consensual Campus Sex as Rape Is Dartmouth edge now a due process danger zone for men? Debunking Rape Culture on College Campuses When it comes to campus sexual assault charges, being not guilty is not good enough
Earlier today in federal court in New York a Complaint was filed by a former edge Columbia student alleging that he was unfairly found to have committed a sexual assault based upon allegedly flimsy and inconsistent evidence, without due process edge protections. The Complaint is embedded at the bottom of this post.
2. John Doe and Jane Doe were friends within the same social circle at Columbia University. It was at Jane Doe s suggestion that they engaged in one night of consensual sexual activity during finals week in the Spring of 2013 (“Evening of May 12″) inside Jane Doe s suite bathroom. It was Jane Doe who let Plaintiff John Doe in the bathroom in order to obtain a condom from her dormitory room, then returning to the suite bathroom to undress herself in front of John Doe. After the evening ended, Jane Doe and John Doe left each other s company on good terms.
3. Several weeks into the Fall 2013 semester and nearly five (5) months after the one night of sexual activity, Jane Doe decided to report the Evening of May 12 as “non-consensual” sexual activity. No contemporaneous report was ever made nor was any police report edge was ever filed by Jane Doe in connection edge with her sexual activity with Plaintiff John Doe; no visit to a medical care facility was ever made by Jane Doe in connection with such sexual activity either; and indeed, no allegation edge of improper sexual behavior edge was made by Jane Doe for nearly five (5) months after the one night of sexual activity with John Doe. Notwithstanding the foregoing, and further notwithstanding a paucity of direct evidence, including an unforgiveable lack of administrative continuity and simple, practical good sense during the investigatory process, Defendant Columbia found John Doe guilty of sexual misconduct in having non-consensual sex with Jane Doe and has issued Plaintiff John Doe an order of suspension edge from Columbia University until Fall 2015.
The Complaint goes on to detail the lack of due process or appropriate edge investigation, and the allegedly one-sided nature of the proceeding. The Complaint alleges that campus political pressure based on allegations of a lack of prosecution contributed to the rush to judgment:
6. In fact, it is common knowledge that, at the time of John Doe s disciplinary edge hearing and sanction, Columbia University was undergoing negative public scrutiny and backlash by student political organizations for Columbia University s lack of vigilance against male students (especially male student athletes) accused of sexual assault, and the perceived failure of Columbia University to mete out appropriately high sanctions.
Andrew T. Miltenberg, attorney for plaintiff “John Doe,” told me that the case was not related to the publicly reported alleged sexual assaults that are in the news, and provided this statement:
As you are aware, Columbia University is undergoing negative public scrutiny and backlash edge by student political edge organizations due to Columbia University s alleged lack of vigilance edge against male students (especially male student athletes) accused of sexual assault, and the perceived edge failure of Columbia University to mete out appropriately high sanctions.
It was set against this stage that Columbia University sought to make an example out of my client as a student athlete accused of sexual assault and meted out a disproportionately severe sanction of a two-year suspension from the school, notwithstanding the lack of any evidence that the sexual activity between my client and another student was non-consensual.
Particularly of note is the fact that even the complainant believed the sanction to be too severe and personally appea
University of Washington Students Develop Medical Marijuana Delivery App The College Fix Profiles Paul L. Caron of TaxProfBlog Boise State Under Fire For Shameful Targeting of Pro-Second edge Amendment Event Tolerance, Diversity edge and the Redskins New York man guilty of rape after mention in college application essay Accuracy in Academia Launches Online Conservative University
In recent days, the names of alleged “rapists” have been scrawled on bathroom walls and in flyers, edge as reported at The Columbia Spectator , The NY Daily News , and The Columbia Lion , and Jezebel , which provided this redacted image:
Against this backdrop of claims that sexual assaults are not addressed adequately edge by administrators, there has been substantial pushback at many campuses that the definitions of sexual assault and consent edge used on campuses are overly broad and that males are not given sufficient due process protection: Kangaroo courts for men on campus California Seeks to Redefine Consensual Campus Sex as Rape Is Dartmouth edge now a due process danger zone for men? Debunking Rape Culture on College Campuses When it comes to campus sexual assault charges, being not guilty is not good enough
Earlier today in federal court in New York a Complaint was filed by a former edge Columbia student alleging that he was unfairly found to have committed a sexual assault based upon allegedly flimsy and inconsistent evidence, without due process edge protections. The Complaint is embedded at the bottom of this post.
2. John Doe and Jane Doe were friends within the same social circle at Columbia University. It was at Jane Doe s suggestion that they engaged in one night of consensual sexual activity during finals week in the Spring of 2013 (“Evening of May 12″) inside Jane Doe s suite bathroom. It was Jane Doe who let Plaintiff John Doe in the bathroom in order to obtain a condom from her dormitory room, then returning to the suite bathroom to undress herself in front of John Doe. After the evening ended, Jane Doe and John Doe left each other s company on good terms.
3. Several weeks into the Fall 2013 semester and nearly five (5) months after the one night of sexual activity, Jane Doe decided to report the Evening of May 12 as “non-consensual” sexual activity. No contemporaneous report was ever made nor was any police report edge was ever filed by Jane Doe in connection edge with her sexual activity with Plaintiff John Doe; no visit to a medical care facility was ever made by Jane Doe in connection with such sexual activity either; and indeed, no allegation edge of improper sexual behavior edge was made by Jane Doe for nearly five (5) months after the one night of sexual activity with John Doe. Notwithstanding the foregoing, and further notwithstanding a paucity of direct evidence, including an unforgiveable lack of administrative continuity and simple, practical good sense during the investigatory process, Defendant Columbia found John Doe guilty of sexual misconduct in having non-consensual sex with Jane Doe and has issued Plaintiff John Doe an order of suspension edge from Columbia University until Fall 2015.
The Complaint goes on to detail the lack of due process or appropriate edge investigation, and the allegedly one-sided nature of the proceeding. The Complaint alleges that campus political pressure based on allegations of a lack of prosecution contributed to the rush to judgment:
6. In fact, it is common knowledge that, at the time of John Doe s disciplinary edge hearing and sanction, Columbia University was undergoing negative public scrutiny and backlash by student political organizations for Columbia University s lack of vigilance against male students (especially male student athletes) accused of sexual assault, and the perceived failure of Columbia University to mete out appropriately high sanctions.
Andrew T. Miltenberg, attorney for plaintiff “John Doe,” told me that the case was not related to the publicly reported alleged sexual assaults that are in the news, and provided this statement:
As you are aware, Columbia University is undergoing negative public scrutiny and backlash edge by student political edge organizations due to Columbia University s alleged lack of vigilance edge against male students (especially male student athletes) accused of sexual assault, and the perceived edge failure of Columbia University to mete out appropriately high sanctions.
It was set against this stage that Columbia University sought to make an example out of my client as a student athlete accused of sexual assault and meted out a disproportionately severe sanction of a two-year suspension from the school, notwithstanding the lack of any evidence that the sexual activity between my client and another student was non-consensual.
Particularly of note is the fact that even the complainant believed the sanction to be too severe and personally appea
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