Occidental College: Student Found Guilty of Sexual Assault After Incapacitation Standard Is Misapplied

Category: Due Process
Schools: Occidental College

Under pressure from the federal government to take action on sexual assault, and in the wake of a lawsuit from attorney Gloria Allred, Occidental College found a student “responsible” for sexual assault despite the fact that police refused to charge him with any crime and text message evidence indicates that both parties consented to having sex. Accused student John Doe filed a pseudonymous lawsuit against Occidental College to invalidate its finding and contacted FIRE for help.

  • Campus-Assault Crackdown Provoking Expensive Backlash

    July 5, 2014

    By Bob Unruh at WND The Obama administration has been trying to crack down on campus sexual assaults by lowering the standard of evidence needed by university and college panels to convict suspects, but the policy change has provoked a backlash as accused students fight back with lawsuits. Instead of “beyond a reasonable doubt,” as practiced in criminal courts, the new standard is  “preponderance of evidence,” meaning it’s more likely than not that an assault occurred. The policy change has resulted in more convictions and is starting to get expensive. Really expensive. While only four such lawsuits were filed against universities […]

    » Read More

  • College Reacts to Negative Press by Attempting to Seal Court Documents Exposing Its Ridiculous Actions

    June 27, 2014

    By Tim Cushing at TechDirt I don’t know what possesses certain individuals and entities to address their screwups by attempting to bury them, especially in an age where a wealth of information is still (mostly) a Google search away. Whatever happened to taking responsibility for errors of judgement? By opting for the “hasty burial” method of reputation management, these entities almost invariably direct more attention to the very thing they wanted everyone to forget. It happens so frequently, it even has its own name. Occidental College expelled a student over rape allegations, opting to take the path well knee-jerked, rendering its decision before all the facts […]

    » Read More

  • You Won’t Believe New Campus Rules on ‘Rape’

    June 15, 2014

    By Bob Unruh at WND A student is suing Occidental College in Los Angeles for expelling him after a female student allegedly sent text messages indicating she had wanted to have sex, arranged for a rendezvous, then one week later accused him of sexual assault. The case is the latest to follow the Obama administration’s new effort to crack down on campus rape. The plaintiff, who filed anonymously as John Doe, said the female student texted him asking if he had a condom, informed a friend she was “goingtohave ‘sex” (sic) and coordinated a route to his dorm. Police investigated and […]

    » Read More

  • Good Grades, Good Home Gets College Student Profiled as Rapist, Claims Lawsuit

    June 6, 2014

    By Joshua Rhett Miller at Fox News Being a valedictorian from a “good family” helped get a California student blamed for an alleged rape by a bizarre, college tribunal that critics claim is part of an overzealous culture of blaming men for hookups that go awry, according to a lawsuit. A former Occidental College student known only as “John Doe” has sued the Los Angeles school after it found him “responsible” for an alleged Sept. 8, 2013, rape local police could not substantiate ever happened. The student was expelled after the liberal arts school’s investigation, despite offering strong text message evidence […]

    » Read More

  • Occidental and the “Rape Culture” Hysteria

    June 6, 2014

    By KC Johnson at Minding the Campus The latest due process lawsuit comes against a highly vulnerable target: Occidental. Occidental is the California college whose rules allow branding a male student a rapist even if his female partner says “yes” to sexual intercourse. Moreover, the school includes what seems to be a disproportionate number of anti-due process “activists,” professors inclined toward delusional claims against their administration even as they suggest that outsiders should trust their credibility that the campus is awash in rape. The Occidental case is, if anything, more extreme than the typical due process case, because of the involvement of an anti-due process […]

    » Read More

  • Occidental Expels Student for Rape Under Standard So Low That the Accuser Could Have Been Found Guilty, Too

    June 4, 2014

    By Robby Soave at Reason Online Does all drunken sex constitute rape? Obviously not, but that’s the argument Occidental College administrators must make in their zeal to prosecute a male student for sexual assault—even after police acquitted him. The student, identified only as “John Doe,” had sex with his accuser on September 8th, 2013, according to details of the case obtained by the Foundation for Individual Rights in Education. Both Doe and his accuser had been drinking. By several accounts, the sex was consensual. The accuser sent Doe a text message beforehand asking him if he had a condom. She also texted a friend and […]

    » Read More

  • ‘New York Times’ Misses Opportunity to Report on Campus Due Process Violations

    July 7, 2014

    Last week, the New York Times Editorial Board addressed the issue of campus sexual assault. Unfortunately, the Board missed an opportunity to address many serious concerns held by FIRE and others about university policies and practices that threaten the due process rights of students accused of sexual misconduct.

    » Read More

  • Occidental Belatedly Attempts to Seal Case Documents—and Fails

    June 19, 2014

    In February, former Occidental College student “John Doe” filed a pseudonymous lawsuit against the institution, alleging that the college did not grant him a fair hearing before expelling him for an alleged sexual assault. With the stunningly bad facts of the investigation and disciplinary process made public, Occidental and its lawyers are trying—unsuccessfully—to get the cat back into the bag.

    » Read More

  • Sexual Assault Injustice at Occidental: College Railroads Accused Student

    June 4, 2014

    LOS ANGELES, June 4, 2014—Under pressure from the federal government to take action on sexual assault, and in the wake of a multi-plaintiff lawsuit from attorney Gloria Allred last year, Occidental College has found a student “responsible” for sexual assault despite the fact that police refused to charge him with any crime and text message evidence indicates that both parties consented to having sex. Accused student John Doe has filed a pseudonymous lawsuit against Occidental College to invalidate its finding and contacted the Foundation for Individual Rights in Education (FIRE) for help. “Disregard for due process on campus, prompted by […]

    » Read More