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College expelled male student after coordinated sexual assault claims fell apart, suit says

Ignored its own definition of ‘incapacitation’ to find him responsible for single allegation

A jealous boyfriend convinced four female students to falsely accuse a graduating male of sexual misconduct years after the alleged behavior, according to the former student’s lawsuit against a small New York liberal arts school.

“John Doe” accuses Hamilton College of changing its sexual-misconduct investigative procedures so drastically in response to Obama administration Title IX “guidance” – since rescinded by the Trump administration – that it effectively denied him due process and discriminated against him based on his gender.

As with other lawsuits alleging procedural and gender-related violations by colleges in response to Title IX investigations prompted by accusers, Doe’s complaint alleges Hamilton ignored his text-message evidence that the accusations were a setup.

“Hamilton was under enormous pressure to show it was willing to take a hard line against male students accused of sexual assault in order to dispel the notion that its campus was an unfriendly and unsafe environment for women,” the suit reads.

Retaliation after Doe reports threats by boyfriend

Doe was heavily sanctioned by the college 12 days before he was supposed to graduate. He was “banned from campus, banned from senior week activities, denied his status as a graduating senior, and prohibited from walking with his class at the upcoming commencement,” the suit reads.

The four women accused Doe of sexual misconduct “in concert and with a malicious purpose” after the first accuser’s boyfriend, “MF,” reacted negatively to Doe’s offhand comment that he had sex with “Betty Brown” years earlier, before she and MF were a couple.

Either prompted by MF or “in order to save her relationship with” her boyfriend, Brown filed a complaint against Doe based on a “non-consensual sexual act” with her in September 2014, the suit claims.

Citing text messages between Brown and other accusers, the suit says she and MF recruited other women to file sexual-misconduct allegations.

MORE: UMass punishes accused student for its own failure to schedule hearing

MF helped another former sexual partner of Doe’s, “Mary Miller,” write her complaint alleging that Doe violated her in February 2015, months after their last sexual contact, which was consensual, the suit says.

The boyfriend allegedly recruited two other accusers after Doe reported MF to the same Title IX coordinator, Lisa Magnarelli, who was investigating the Brown and Miller complaints.

MF behaved in a “threatening and aggressive manner” toward Doe at a concert less than two weeks after the first two complaints, and while Magnarelli warned MF not to do that again, the boyfriend was never charged.

“[F]urther enraged” that Doe reported him to Magnarelli, MF got help from another woman who procured two new accusers, the suit alleges. “Rachel Roe” and “Sally Smith” accused Doe of sexual misconduct on two January 2014 occasions, several months before the first alleged misconduct with Brown.

Hamilton College expels male student after coordinated sexual assault claims fall apart by The College Fix on Scribd

‘No one at Hamilton considered it at all suspicious’

Smith knew from a previous Title IX proceeding that multiple accusations would likely get Doe kicked off campus, according to the suit. Magnarelli was determined to prove to Smith, “a prominent survivors’ rights activist on campus,” that the college would be “tough” on accused students.

Celebratory Facebook messages between MF’s accuser liaison, “LL,” and Roe confirm they expected Hamilton “might remove [Doe] from campus … a few weeks before graduation [devil face emoji].”

Doe received notice of all four complaints within 13 days of each other.

“Alarmingly, no one at Hamilton considered it at all suspicious that, in the space of just two weeks, four separate women made complaints against Doe for sexual conduct that had all allegedly occurred over three years prior to the complaints,” the suit reads.

MORE: Judge slaps down college for guilty finding without cross-examination

Hamilton only found Doe responsible for one alleged incident of misconduct, against Roe, whose story about their alleged encounter repeatedly changed during the investigation, according to the suit.

The review panel simply decided Roe was incapacitated during the encounter, despite evidence that her behavior during the act suggested she was not incapacitated under Hamilton’s own policies.

Doe was found not responsible for one of the other three accusations, and the other two accusers rescinded their complaints after he was booted from campus.

School ditched hearings after Obama pressure: ‘traumatizing’ for accusers

The lawsuit accuses the college of employing a policy for sexual misconduct that “is meant to support accusers, rather than both the accuser and the accused.”

It knew “when it wrote the policy that nearly all of the individuals who are accused of sexual misconduct are men, and nearly all of their accusers are women,” the suit says. “Thus, it understood that the policy, as written, is more protective of women than men.”

The college made an example of Doe “during a critical period at Hamilton” when students “openly and vocally accused the College of not taking allegations of sexual misconduct seriously enough and of failing to harshly punish perpetrators of sexual assault.”

The Trump administration’s rescission of Obama administration “Dear Colleague” letters from 2011 and 2014, and imposition of new interim guidance, suggests that Hamilton’s practices in response to the coordinated allegations “were unfair and, ultimately, out of step with the goal of gender equity in Title IX-related proceedings,” the suit reads.

The school “completely eliminated students’ right to a formal hearing” after the 2014 guidance document and imposed an “investigation model.” The lawsuit quotes a former Title IX coordinator, Meredith Harper Bonham, who explained the change as intended to shield accusers from a “traumatizing” process that made them recount their allegations in detail.

In the end, Hamilton didn’t even follow its own policy on recommended sanctions for Doe’s only finding of responsibility, according to the suit.

Dean of Students Terry Martinez “arbitrarily and capriciously” overruled the review panel’s recommended five-year suspension and expelled Doe after he was acquitted of Miller’s allegations.

“It was not until the 2016-2017 academic year – the year following the most vocal criticism of Hamilton’s failure to expel men found responsible for sexual misconduct – that Hamilton expelled students found responsible for non-consensual sex,” including Doe, the suit claims.

MORE: Hamilton College protesters force minorities to wear ‘Token’ t-shirts

IMAGE: Shutterstock

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About the Author
Jeremiah is a junior at Franciscan University of Steubenville, where he is majoring in journalism and minoring in human life studies. He has served on the student government as a senator. A fluent Spanish speaker, he also regularly contributes to Red Alert Politics, The Rouser and toddstarnes.com.

Add to the Discussion

  • fishydude

    Universities should not be investigating criminal matters. If a crime was committed, the victims should be filing police reports. But most do not simply because there can be serious penalties for filing false police reports. But their are not consequences for filing a false claim to a highly bias on campus kangaroo court. The students are long gone by the time any law suits are filed.
    I always talked to my son about being extremely cautious when he was a college student. My daughter would deck the crap out of any who tried anything with her. And if campus carry goes through, she will be packing on campus. She loves the FNX45. 😀

    • Micha_Elyi

      Dude, you don’t know who’s “the victims” from police reports. You only know after the trial and a jury returns a verdict. By presuming that a female who files a report, even a police report, is a “victim” you’re falling into the feminist trap of presuming her accused guilty No Matter What. Feminists use the word ‘survivor’ for a similar bit of trickery. Be a man, fishydude, don’t fall for feminist rhetoric.

      • fishydude

        I neglected to add the Doctor Evil Scare Quotes around the word “victim ” After all when a person files a false allegation they are the perpetrator.
        They should be subject to the same penalties as the crimes the falsely accuse another.

  • Stenka Razin

    Both my sons graduated from a large State University. Neither of them ever dated any girl who attended their own school. Aren’t there enough girls outside the school that a boy could date? You have to be out of your mind to date any girl that attends your own school, where you have to constantly be on guard about this kind of crap.

    • Ando Anima

      I agree with you. But I think the thing that makes it hard, is that there is a lot of peer pressure on campus to be a part of the hookup culture. Most of it is not real dating. It’s just casual sex.

      • Anton Chigurh✓ᴺᵃᵗᶦᵒᶰᵃˡᶦˢᵗ

        Nice completely missing the guy’s point

        • Ando Anima

          How is telling someone that I agree with them, “missing the point”?

    • Anton Chigurh✓ᴺᵃᵗᶦᵒᶰᵃˡᶦˢᵗ

      Not a viable solution. Kids meet their potential dates in shared social spaces at their school, also where they project their belonging. You don’t get invited to social functions at other schools, you don’t go to the same sports events…having to travel to another school just to cruise for a date is extremely inconvenient…lastly kids need stuff to talk about and their shared school/courses/sports team/local lore is the natural way to vet someone for the ol’ in-out.

      • Stenka Razin

        My sons talked about classes and studied with other classmates often. They just didn’t socialize with or even date the classmates as there were other things to do and other people to do things with elsewhere . There ARE many young people who do not attend college especially in medium to large size cities. My sons did not live on campus and lived with and knew many people who did not attend their University and many who did not even attend college. My sons dated many girls not one of which attended their school and many more not even enrolled in college at the time and my sons had a lot of roommates not one of whom went to their college or were even in college at the time for that matter. If you are in some small college out in the farmlands then that may be your only option but even a medium size city has plenty of other things to offer other than college entertainment.

  • Quidquid

    Universities need to be completely removed from the criminal adjudication business entirely; if a student claims sexual harassment or assault to a school, the school should then forward the complaint to the police, who can investigate the matter, and bring charges if there is sufficient evidence.

    • Pfffffff

      Uhh… being logical with this group? Come on now, you know that would never fly. Justice is the last thing these nutcases want. It’s all about power and nothing gets them up in the morning like thoughts of ruining some young, White man’s life. Not to mention all the virtue signaling to their peers about ‘rape culture’ and the patriarchy haha.

      • Quidquid

        The Dept. of Ed. could simply write a “Dear Colleagues” letter, forcing that to come to pass, much like Obama did when he wanted to further punish and oppress men for being heterosexual.
        Something that also may be useful in the fight against feminism(Marxism) would be to require colleges to include civics and philosophy courses in their curricula.

    • That will happen when enough universities and false accusers suffer judgments awarding huge damages to the real victims, the accused who are denied due process of law in campus kangaroo courts.

      Reading the 57-page complaint in this case is instructive. Hamilton College and the false accusers must regret they created this mess.

      That darling of the campus, Barack Obama, is the ultimate party at fault here. With his mandatory Title IX guidelines, he created the incentive for this sort of thing. All should thank Trump for rescinding that idiocy.

      • Quidquid

        That is what happened in the business world: At first, the corporations would instantly fire any man accused of “sexual harassment,” even the ones that were clearly innocent, because they were afraid the unscrupulous women would sue them. But then the multi-million dollar wrongful termination judgments against these companies started rolling in, and they suddenly remembered that men also have rights.

        Barrack bin-Obama made it even more lopsided, but the process had been extremely unjust right from the start in the 1990s. When people who get their only news from the MSM ask, “What has Trump accomplished? Nothing,” I always forget to include that Betsy Davos rescinded that “Dear Colleague” letter that was an egregious violation of the due process and equal protection rights of men. After 20 years of this unlawful persecution and oppression of boys and men, the pendulum is finally swinging in the opposite direction.

  • Gabby Johnson

    Litigate this trash heap till it is shuttered.

  • OutlawJoseyWales

    The University best be prepared to write a rather large check to this guy. At which point he should then sue the four of his accusers individually.

    • ytzpzvgk

      He really should. Filing false accusations is just wrong. The fact that two withdrew them soon afterwards suggests that they wren’t honest and felt regret.

      • marcellucci

        That’s not regret……that’s being caught with their hands in the cookie jar….
        Believe me….none of those pieces of garbage, or the school for that matter, regret a thing…..

  • ItsOK2kek

    It’s somewhat naive for a guy to expect that he has any rights on a college campus.

  • Pfffffff

    Instead of graduating with debt, sue and leave with 10m!.

  • Anton Chigurh✓ᴺᵃᵗᶦᵒᶰᵃˡᶦˢᵗ

    This is why I don’t believe rape accusations, more than ever.

  • UtIdArWa

    One of the very first questions that should be asked is What are the qualifications of the Title IX investigating group? What is their training? What is their investigative experience? I’ll bet that their selection to the investigation is more political and agenda based than impartial fact finding. The next question to be asked is How is the investigative panel MORE qualified than professional law enforcement at determining the facts.

    These Title IX panels smell more of a Star Chamber than a Court room.

    • Johnathan Swift Jr.

      There are no “qualifications” of course, because everyone involved knows that the purpose of the whole exercise is to ruin young men’s lives whenever possible. No system that had thrown out a thousand years of Anglo-American jurisprudence was ever intended to be fair. The inability to cross-examine an accuser and to compel evidence means a each trial was a Stalinistic exercise. Of course, that should not be a surprise because the faculties are filled with communists of every stripe. The Title IX Show Trials begin with the assumption of guilt, which is the exact opposite of the American system.

  • LeighLeigh

    The Jane Doe should be very wary of dating any man that would oversee the “revenge” of not tapping that first!!!! OMG. These people are PSYCHO, all of them involved should be sued out of ever being able to make a living to carry this fake accusations to any workplace in the future……Grown adults acting like Stalkers and Deranged Sociopaths have no business with any sort of professional degree. John Doe should sue them all personally for defamation of character and libel. If not, he and a bunch of his friends should meet all of these nitwits in an alley with a baseball bat, the women included. They deserve nothing but an ass kicking.

  • Johnathan Swift Jr.

    Beginning with the assumption of guilt is no way to run any type of court system, legal or extra-legal. However, the whole Title IX process was conceived by angry feminists as a way to punish their enemies – the male of the species. Fairness to the accused and the accuser was never part of these Stalinist’s agenda.

  • BRUCINKO

    In an ideal world the impending judgement for damages would force liquidation of this “college”. Pure evil.

  • Jim Nelson

    Each of the defendants should be fired for cause by the Board of Trustees. In effect, they voided four years of this young man’s life just to show how tough they are regarding campus sexual assault allegations. Given that the evidence presented by the accusers amounted to nothing, they had to expect that Mr. Doe would sue in court. In light of the circumstances that led to the allegation, total lack of credible evidence, and given their totally unfair “kangaroo court” proceeding, it is pretty obvious that they will either lose by a jury verdict or have to settle out of court. I hope the guy gets a huge amount of Hamilton’s money, his deserved diploma, a clean record, and a deserved apology from the president of Hamilton.

  • Vindicated

    Who TF are these people?The twisted students and the college administrators? They should all be jailed.

  • Micha_Elyi

    What are the sanctions against the four female false accusers? Hamilton College accepts that females lie?

  • Attila Iskander – Turul Fia

    Time for CollegeFix to start a database of Colleges Unfit and Unsafe for Men