Amherst sued for expelling an innocent man over phony rape charges

Here we go again. Aside from the fact that both parties were sauced and just couldn’t behave themselves, this appears to me to clearly be prejudicial in one way or another against the male student. The girl texted her counselor after the initial oral sex with the guy, that she was a willing participant. The counselor’s recommendation was to blame the guy for the encounter, which she did. The girl also texted another boy that she had sex with that evening as well. She then claimed the first boy raped her when he started telling people they hooked up and wouldn’t shut up. And the University’s attorney is confident they followed procedure and this will be ruled in their favor? Man, I hope that unnamed boy not only wins, but wins big. This is gross incompetence and biased towards an unreliable, immoral, lying female student in the extreme. The counselor should also be fired and charged with defamation.

From the Boston Globe:

In December 2013, Amherst College imposed its first major sanction under a new get-tough sexual misconduct policy, expelling a 21-year-old senior after a disciplinary board concluded that he had forced a female classmate to perform oral sex during an alcohol-infused encounter nearly two years earlier.

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In April 2014, however, the expelled student presented the college with new evidence — a series of text messages the woman sent to two other male students immediately after the alleged rape, according to a lawsuit. To one, a dorm counselor, she described the sexual encounter in language that suggested it was consensual and she wrote, “It’s pretty obvi [obvious] I wasn’t an innocent bystander.”

To the other student, she sent text messages inviting him over later that same night to “entertain” her — an invitation that resulted in a second sexual encounter, according to text messages and an affidavit by the male student. The accuser testified during the disciplinary hearing that she had texted a friend to come over after the alleged attack.

In the 13 months since the expelled student obtained the texts and gave them to college officials, it appears Amherst has taken no public steps to revisit its decision to expel the student. On Friday, his lawyer, Max D. Stern, filed a lawsuit in US District Court in Springfield, arguing that the college is guilty of a miscarriage of justice against his client, who is identified as “John Doe.’’

In the weeks after he was expelled and ordered to leave campus, Doe was alerted to the existence of the text messages and obtained copies of both sets of texts with the help of friends, according to Stern. The text messages are included in the lawsuit.

Citing the text messages, Stern charged in his lawsuit that Amherst’s investigation of the episode by an outside lawyer was “grossly inadequate,” overlooking signs that Stern says would have cleared his client. What’s more, the lawsuit also asserts that the action taken against John Doe, who is Asian-American, is part of a pattern since 2013 in which the college has sanctioned only “male students of color” for sexual misconduct.

Pete Mackey, the Amherst College spokesman, said in a statement that the college’s disciplinary process is consistent with federal requirements and is fair to all parties.

“That process was followed in this case,” he said.

“We are confident that the process the college followed was appropriate and that the court will conclude that the College’s process was fair,” Mackey said.

His statement did not address a question from the Globe about whether the college is still confident that the decision was right. He did, however, say that the charge that only male students of color have been disciplined is “incorrect.”

Doe’s accuser, who is identified in the lawsuit by the pseudonym Sandra Jones, did not respond to requests for comment.

The University has those text messages and wouldn’t follow up on them. That’s criminal. You used to have to provide clear and convincing evidence of guilt. Now it’s a “preponderance of the evidence” determined by a three person board. And you know what that “preponderance of the evidence” was? The word of a girl who lied to save face in front of her roommate and friends. No one looked into the charges and facts at all. A boy’s life is ruined because no one could be bothered to do their damned job. All in the name of political correctness, furthered by Obama’s Marxist, heavy-handed policies. I predict Amherst will lose this suit and get slapped hard over it. As they should be.

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Terresa Monroe-Hamilton

Terresa Monroe-Hamilton is an editor and writer for Right Wing News. She owns and blogs at NoisyRoom.net. She is a Constitutional Conservative and NoisyRoom focuses on political and national issues of interest to the American public. Terresa is the editor at Trevor Loudon's site, New Zeal - trevorloudon.com. She also does research at KeyWiki.org. You can email Terresa here. NoisyRoom can be found on Facebook and on Twitter.

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