Campus sexual assault policies are unfair to the accused. This case shows how.

Article here. Excerpt:

'Education Secretary Betsy DeVos ignited a firestorm in recent months after signaling that she might pull back Obama administration policies intended to protect victims of sexual assault at college campuses. But amid the intense criticism directed toward DeVos, one lawsuit out of Amherst College demonstrates just how unfairly the Obama policies can operate for students wrongly accused of sexual misconduct.

On a factual basis, the Amherst case — settled out of court this month between the university and an expelled student accused of sexual assault — is one of the most egregious since the Obama administration implemented its policy in 2011. The lawsuit revealed documents that the public almost never gets to see, such as the full investigative file, the transcript of the disciplinary hearing and other material from the campus process.
As laid out in the legal complaint and subsequent filings, the controversy over the investigation has focused mostly on a string of texts that the accuser sent the night of the incident. The texts suggest that she had initiated the sexual encounter and that she was in search of a “good lie” to avoid fallout for having hooked up with the accused student, her roommate’s boyfriend.

Initially, the accuser denied sending any texts relevant to the case. During the college’s disciplinary hearing, however, the accuser appeared to contradict that claim, twice admitting that she had sent relevant texts. Inexplicably, none of the panel members asked her to address the contradiction.

When the accused student eventually learned of the texts, Amherst said he had found them too late, according to the school’s response to the legal complaint. The college later clarified that the timing didn’t matter, since investigators only sought texts indicating “that the incident had been ‘non-consensual.’ ” Exculpatory evidence, it seems, was irrelevant.'

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