Student Sues Accuser, School, And Organization That Wrote Disciplinary Procedures

Article here. Excerpt:

'A University of Dayton student referred to in court documents as John Doe alleges he was wrongfully suspended for two years following a night of consensual sexual activity with a fellow student and athletic trainer at the university, identified only as Jane Roe.

The story is similar to dozens of others from college campuses. Two students meet at a party and engage in sexual activity. Sometime later (in this case, the next day) one of the participants (typically the woman) accuses the other of sexual assault. Police declined to press charges against the male student in this case, but a university disciplinary hearing found him responsible while ignoring his due process rights.
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Like so many other young men on college campuses, John was put through the wringer. Campus authorities ignored evidence suggesting Jane was not incapacitated at the time of the encounter and that she initiated the sexual activity. Most troubling, none of the questions John submitted to be asked of Jane or witnesses were accepted. Federal guidance suggests schools limit cross-examination during such non-judicial hearings, and Dayton allowed students to submit questions to be asked at the discretion of the hearing board.

John’s lawsuit lists all the questions he submitted. I could understand a few being determined to be irrelevant or too personal, but all of them? John wanted 27 questions asked of Jane, many with multiple parts regarding the evening in question. Some pertained to “safe words” that Jane and her roommates had agreed to use if they felt uncomfortable. According to John, Jane did not use any of these safe words. Asking why they weren’t used during an encounter in which Jane later said she was uncomfortable or afraid would be a perfectly valid line of inquiry.'

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