Penn State retroactively redefined ‘consent’ after accused student won a new hearing: lawsuit

Article here. Excerpt:

'When Pennsylvania State University found a male student responsible for sexual misconduct, it said he had coerced a female student into sex by “cajoling” her.

A high-ranking official questioned the finding, asking if the hearing panel had correctly applied the university’s consent definition.

The taxpayer-funded institution then retroactively changed its consent definition and scheduled another Title IX hearing, according to a lawsuit filed last week.

“John Doe” claims that PSU violated his Fourteenth Amendment right to due process and Title IX right to “equal treatment.” The university is liable under the “erroneous outcome” theory of Title IX, he argues, because its gender bias led to the incorrect finding against him.

It’s just PSU’s latest appearance before U.S. District Judge Matthew Brann, who allowed a due-process lawsuit to continue against PSU last fall. He ruled that its practice of conducting “paper-only” investigations “raises constitutional concerns.”

Brann also issued a temporary restraining order against PSU in a similar lawsuit two years ago, though that was in response to a concluded Title IX investigation where the student faced suspension or expulsion.'