justice scale

List of Lawsuits Against Colleges and Universities Alleging Due Process Violations in Adjudicating Sexual Assault

On April 4, 2011 the Department of Education issued its disastrous “Dear Colleague” letter to colleges and universities across the United States, requiring administrators who had neither the investigative nor prosecutorial prowess of the criminal justice system to determine the guilt and innocence of students accused of felony sexual assault, and to reach their conclusions independent of whatever the police and courts decide.

Worse – the Department of Education demanded these schools determine guilt via a radically low standard of evidence for sex-assault cases: the “preponderance of evidence” standard. Under this model if an administrator feels that there might be a 50.01% chance that the alleged crime occurred, he/she must find the student guilty (“responsible”) for sexual assault. This is further complicated by the lack of numerous other procedural safeguards and methods of evidentiary examination.

Predictably, a wave of lawsuits soon erupted as young men wrongly accused of sex crimes found themselves hustled through a vague and misshapen adjudication process with slipshod checks and balances and Kafkaesque standards of evidence. This page is dedicated to cataloging their legal challenges against schools which – they allege – have violated their rights to due process, unjustly destroyed their names, deprived them of educational opportunities, and committed various other crimes against them in the process of “just following orders.”

A few things to note:

  1. This list is sorted alphabetically by state, then by school.
  2. Blank cells refer to information not yet obtained or determined rather than left out through error.
  3. This list will be periodically updated. If you know of any cases that are not covered here, please inform this site in the comments section at the bottom, or via the contact form.
  4. Thanks to Stop Abusive and Violent Environments (SAVE) and National Coalition for Men-Carolinas for sending me their lists. What follows is my own revision of their lists, with some additions and subtractions.

 

List of Lawsuits Against Colleges and Universities Alleging Due Process and Other Violations in Adjudicating Sexual Assault
State
School
Plaintiff
Plaintiff’s Attorney
Key Documents / Summary
Outcome
California Occidental College John Doe Mark Werksman,Mark Hathaway (1) Official complaint, part I, (2) official complaint, part II (includes screenshots of text messages between accuser / accused), (3) article by the Foundation for Individual Rights in Education (FIRE) Pending.
Delaware Delaware State University Andre L. Henry Daniel C. Herr Story from Inside Higher Ed. Pending.
Indiana DePauw University Benjamin King Story in the university newspaper (page 1 and page 3). Pending.
Massachusetts College of the Holy Cross Edwin Bleiler Nicole Collby Longton (1) Official complaint, (2) the school’s response, (3) article by the Foundation for Individual Rights in Education (FIRE). Bleiler was acquitted, the school’s “finding” (judgment) against him was overturned, and he was reinstated.
Massachusetts Williams College John Doe Official complaint (fee required). Pending.
Michigan University of Michigan – Ann Arbor Drew Sterrett Deborah Gordon Official complaint. Pending.
New Jersey Drew University Kevin Parisi Solomon Rubin Story in NJ.com. Pending.
New York Columbia University John Doe Andrew T. Miltenberg Official complaint. Pending.
New York Vassar College Peter Yu Andrew Miltenberg (1) Official complaint, (2) Vassar College’s official reply Pending.
North Carolina Duke University Lewis McLeod Rachel B. Hitch (1) Official complaint, (2) article in the Wall Street Journal, (3) injunction by judge Osmond Smith blocking Duke’s expulsion of McLeod Pending.
North Carolina Duke University Reade Seligmann, Collin Finnerty, David Evans (1) Until Proven Innocent, by Stuart Taylor and KC Johnson. New York: St. Martin’s Press. 2007, (2) Durham-in-Wonderland Players declared innocent, received settlement; 2007.
Ohio Denison University Zackary Hunt Eric Rosenberg Article in The Denisonian (Denison U Student Newspaper) Confidential settlement; 2014
Ohio Kenyon College Stephen Zingarelli Gregory O’Brien, Eric Weiss Article in The Collegian (Kenyon College student newspaper) Pending.
Ohio University of Cincinnati Ethan Peloe Official complaint. Pending.
Ohio Xavier University Dezmine Wells Peter Ginsberg Official complaint. Confidential settlement; 2014.
Pennsylvania Bucknell University Reed Dempsey Stephen Becker Official complaint. Charges against the university dismissed. Charges against police department pending.
Pennsylvania Philadelphia University Anthony Villar Story in Philadelphia magazine. Pending.
Pennsylvania Saint Joseph’s University Brian Harris Kenneth Dubrow Official complaint. Pending.
Pennsylvania Swarthmore College John Doe Patricia Hamill Official complaint. Pending.
Rhode Island Brown University Adam Lack Story in the Brown Daily Herald. Confidential settlement; 1998
Rhode Island Brown University William McCormick J. Scott Kilpatrick Story in the Brown Spectator Confidential settlement; 2011
Tennessee Sewanee, The University of the South John Doe Charles Wayne, Elisha King Official Complaint: Doe v. University of the South 2011 WL 1258104 University found negligent; plaintiff awarded $26k; 2011

 

About Jonathan Taylor

Jonathan Taylor, sometimes known as "TCM" ("The Common Man") is a long time reader of A Voice for Men who has decided to make contributions here for the men's movement. He is now the proprietor of "A Voice for Male Students."

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  • PlainOldTruth

    This is the tip of a highly funded corrupt iceberg that is the Gender Shakedown Industry. If the gender bureaucrats have no ongoing cases they will have no future funding. In this era of cancerous growth of so called non-profits (womaned bv semi-educated victims of anti-logic indoctrination scammers), there is a lot of money to be made by paper pushers who are allergic to honest productive real work. Gender extortion is shakedown racket worthy of Al Capone.

    • Joseph G

      Al Capone had nothing on this lot.

    • DukeLax

      1000 upvotes!!

  • Sports Droppings
  • Jonathan Taylor

    Thanks for posting this. Folks, I will be updating and expanding this list at A Voice for Male Students as I receive more information about these and other cases. Link here:

    http://www.avoiceformalestudents.com/list-of-lawsuits-against-colleges-and-universities-alleging-due-process-violations-in-adjudicating-sexual-assault/

    Mapping out a list of cases, where they are happening, and what attorneys are representing them is a good first step in creating resources and networks for the aggressive prosecution of these schools and relief for victims of wrongful expulsions.

    • Junky

      “and what attorneys are representing them”
      this is important
      also what attorneys are successfully representing them.

    • Justice4All

      Great work as always. As noted in your article, the National Coalition For Men Carolinas and SAVE contributed much in the research of the material collected in creating this table and have likewise posted this information on their respective websites. I hope other websites beyond those in the MHRM such as organizations concerned with civil liberties and human rights pick this information up and post it as well. The war being waged against college male students is real and the best way to stop it is through fighting this tyranny in REAL courts. However, it is an extremely rare case that goes the distance in the trial process as universities are quick to settle at that point. In fact I only am aware of 2 cases that made it through to the final phase. We can only hope that more cases go the distance.

  • DukeLax

    You take these new cmpus kangaroo rape courts run by gender-studies students, and you dd to it the faulty and inflammatory manufactured rape statistics now come from American law enforcement, and you got the perfect recipe to pervert the course of justice with assembly line efficiency.

    • Doug Hart

      And you get a self fulfilling prophecy and a new and improved self perpetuating bureaucracy.

  • DukeLax

    The truth may be stranger than fiction.

  • DukeLax

    Watch these cases closely, and see if anyone gets “Knifonged”.

    • DukeLax

      I hope we keep using this term “Knifonged”..until it gets put in the dictionary!!!

      • Kris

        If I remember correctly, it is Nifong and not Knifong.

        • Justice4All

          You are correct.

        • https://www.facebook.com/ Darryl Jewett

          It looks better with the “K” in front. As in “Knight” or “Knife”.

          • DukeLax

            I just hope we keep using the term…so it can be put in the dictionary!!

  • https://www.facebook.com/ Darryl Jewett

    Thanks for this information, Jonathan. Does this list include outcomes of the cases? (Or have most of these cases not been resolved yet?) Mapping successes and failures in the attempt to pursue basic civil rights like due process and presumption of innocence would be interesting.

    • Jonathan Taylor

      Yeah, the tab on the far right lists the outcome. Many are still pending. I have to update one or two, however.

      • https://www.facebook.com/ Darryl Jewett

        Thanks so much. My screen is tiny and that part of the list was cut-off. I gotta learn to scroll lol.

  • Doug Hart

    I don’t understand how colleges can appoint themselves the court of jurisdiction by fiat, much less having the teeth to enforce their decrees. This kind of vigilante justice is prosecutable out in the real world. At best, the flood of litigation they are wantonly exposing themselves to is/ will be staggering. It’s tantamount to me declaring myself sheriff of my home state and going on a rampage of no knock search and seizures. Which I guess is the point of the post, but I can’t fathom the administrators that will let the tail wag the dog like this.

    • Pvblivs

      Unfortunately, they can say that the only thing they are enforcing is that the person in question is not allowed on their property. And most colleges are officially private businesses.

      • Mark Wharton

        Of course pretty much all colleges, even private, get government funding. Hell some private institutions get a majority of their funding from public sources. I know Columbia University used to, but I cannot confirm currently.

      • Lastango

        Truncating plaintiff’s education is breech of contract. There’s also defamation, and pain & suffering.

        • Andrejovich Dietrich

          If you are a White Heterosexual Male under the age of 45. Title 9 places you at the bottom of the protected class hierarchy. So I am curious if we will ever hear of Title 9 ever being used successfully for that bottom class.

      • Doug Hart

        I guess it’s just another way to deny men access to better education in a clandestine and underhanded way.

      • Justice4All

        A public university is protected by sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. That is often the first legal hurdle that most of these lawsuits have to overcome. Not impossible but often more challenging than one can imagine. In regard to private universities, as a student, you typically are signing away many of your due process rights when you accept admission into their environment of self government.

      • Doug Hart

        This is malicious prosecution. And they won’t be protected by the doctrine of sovereign immunity. The first case that gets filed won’t make it to the first court of jurisdiction and pass the test of constitutionality. Unfortunately the first couple of slobs that take them to task with be bankrupted. After the colleges and wrongful accusers pay out a few civil settlements they will reconsider this reckless disregard for due process. Once again women are making the rules up as they go along. They can’t get a case above the bar of reasonable doubt, so they just create their own bar and set it lower. The court system was designed to exclude vigilante justice like this. If the cause of men’s rights wasn’t exposing a chink in their armor they wouldn’t be trying to reinvent the wheel of justice.

  • Lastango

    Excellent post!

    Enthusiastic as I am for a proliferation of these anti-witchhunt lawsuits, I bear in mind that the Duke administration/leadership/faculty axis sailed blissfully through the wholesale destruction of their position, substantial payouts to plaintiffs, and exposure of their agenda-driven, extra-legal, inhumane conduct.

    So it will take a while for this to bite. Let the long march through the institutions begin, aided by pressure from increasing public scrutiny of the effectiveness and utility of the University Gulag.

  • Cenobite

    I think the other thing you have here Johnathan is a list of colleges where men should never apply. What would it be like if all these colleges could not attract male students. Imagine what it would do to some of them in the athletics department. Consider how much money Duke makes on their sports teams. What a black eye it would be if male students were to look at this list, and then transfer out of those schools.

    What would happen if male students did the following:
    Took to using a buddy system so they are never alone with any female staff or student.
    Recorded every interaction with any female staff or student, and if they could not record it refused the interaction.
    Refused to spend any additional income on campus or at campus events.
    Refused all social interactions with female staff or students.
    Refused to buy books or supplies from the college. Getting books and supplies from off campus sources.
    Refused to acknowledge the college as the source of their degree.
    Refused to support the college as an alumnus, financially or otherwise.
    Refused to attend during “V” week.

    I wonder if this could be accomplished.

    • Andrejovich Dietrich

      I have been mentioning the same point on all of these College articles. I myself don’t want to send money to anti male institutions. And it would be nice to know which ones engage in this Misandric practice before they ruin my sons future on my dollar.

  • Andrejovich Dietrich

    This is what is needed…This whole rape thing is the most atrocious control mechanism bullying campaign against men as to earn a smile from George Orwell.

    • DukeLax

      To force young boys into believing what they find “unbelievable”….is a modern day form of “psychological castration”.

      psychologically “breaking” American males is the perfect tyranny of the elite, because these new “broken” men will never, ever, ever, stand up for themselves…no matter how much they are stripped of their rights.

      “Psychologically breaking” them…leaves their bodies fully intact to be exploited.

    • DukeLax

      The new oppression of man…will come using the pretext of “protecting women”.

      • https://www.facebook.com/ Darryl Jewett

        It’s not new. Feminism is how society was organized during the Stone-Age. The last fifty years has seen our return to that. The only thing propping the US economy up right now is the gigantic amount of money being printed by the Federal Reserve and dumped into the stock markets and banks and used to buy the votes of those who choose not to participate in or contribute to our civilization but instead live on the slave labor of those men who are forced to work under threat of imprisonment. It can’t last much longer though as value of the money which has been saved and invested by those hard-working men during the past fifty years and by which value of the money printed by the Fed is measured decrements to zero.

        • DukeLax

          1000 upvotes my friend. The feds also believe they can “stimulate the economy” by pork bloating American law enforcement…which is slowy turning America into a police state…where hetero-relationships are a legal liability.

  • Andrejovich Dietrich

    This actually is a phenomenal idea. The only cases that ever truly bite anybody are the class action lawsuits.

    • Justice4All

      Won’t happen because universities were directed by the Dept of Education to take the course of actions that they are taking in regard to how they handle sexual assault cases. Therefore, the lawsuit would be against the federal government which is protected by sovereign immunity. End of story.

      • Andrejovich Dietrich

        I wouldn’t believe they would win either way. The point is to get the issue out in the open. When the Government clamps down on that type of lawsuit, you know its going to hit the media. No doubt the media would lambaste the whole premise, but the story would be out for men to think about.

        • Doug Hart

          I guess it comes down to the individual judge and what he will and won’t allow in his court room.

  • OldandNavy

    Sue ‘em! Sue ‘em every single time they pull this crap! Each and every. single. time.
    Sue the false accusers! The false whitnesses! The faculty! The school! The complicit authorities!
    Take the pain to the one spot a marxist femtard still has properly functioning feeling: Their wallet. Sue the gender studies department’s windows into shutters.
    Press for damages against individuals. Let them feel what being rolled around in court and left with precious little feels like.

  • Doug Hart

    Chris? Are you telling us that people will lie and collude for profit?
    Tell me it ain’t so!

    • Chris

      The universities are in a classic double bind, expel male students on bogus rape charges even after the police have cleared them, or have the government crack down financially on the school for not dealing with the “rape crisis”. Wide open to exploitation by desperate cash strapped students. Just imagine the expression on the faces of the tribunal feminists when the perp and his victim appear later online at some tropical retreat, arm in arm, enjoying the wealth they extracted from the lawsuit.

      • Doug Hart

        I think if they want to assume law enforcement’s role in society they also get the burden of law enforcements responsibilities. If they are lacking the resources to administer justice…….um. judiciously leave it to the bureaucracy we have paid for once already with are many tax dollars. One good thing about it is that it really exposes the agenda and the spinelessness of higher education in how they kow tow to small and private interests such as the feminist agendas.

      • https://www.facebook.com/ Darryl Jewett

        That’s the problem of the university. The universities are not obliged to accept federal and state funds to implement such nonsensical laws. It’s a choice. They are responsible and should be held accountable one way or the other. The feminist regime in which we live and which universities promote are responsible for the economic problems for the universities themselves in the first place. No financial amount is great enough to rationalize or justify denying men their rights to due process and denying society and civilization the benefit of a man’s scholar.

        • Chris

          It should at least be pointed out in the media that universities have a financial incentive to crucify males students to keep the money flowing, a definite conflict of interest for any supposedly independent tribunal.

        • Doug Hart

          No financial amount is worth handing their autonomy over to a government bureaucracy.

  • DukeLax

    John…this is a powerful list right here!!