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Vindictive claim of ‘dating violence,’ lack of due process, led to male student’s expulsion: lawsuit

Notre Dame female accuser abused Title IX to pursue personal vendetta, suit claims 

A male Notre Dame student has filed a lawsuit in federal court, claiming that his ex-girlfriend accused him of “dating violence” to basically destroy his life, and that the university violated his due process rights and discriminated against him because he is male when adjudicating his case.

The plaintiff, named in court documents as John Doe, argued that officials at the private, Catholic university led an investigation rife with “procedural flaws, lack of due process, and inherent gender bias, designed to ensure that male students accused of any type of sexual misconduct or harassment — concepts that do not apply to John’s conduct — are found responsible.”

John Doe argues in the lawsuit, filed April 20, that officials expelled him because of “vindictive” claims made by his ex-girlfriend, referred to as Jane Doe. She accused him of “dating violence” because of his attempts to reach out to her for support when he was experiencing depression and suicidal thoughts, the suit alleges.

Notre Dame failed to adequately investigate Jane’s allegations, according to John, and ignored his repeated requests during the investigation for information about the charges filed against him. Moreover, he argues that the university failed to provide him with the resources promised to accused students during university disciplinary proceedings. John also claims that Notre Dame precluded him from presenting evidence that he believed would prove his innocence.

Among this evidence was a recently discovered video of Jane “admitting to using the Title IX procedures to pursue a personal vendetta against John, as well as evidence of substantial witness tampering by Jane,” the lawsuit states.

The plaintiff alleges school officials would not allow to be considered a recording of the accuser saying: “I want to f*** up [John’s] reputation; I want to make sure he never has a girlfriend…here or anywhere…and I want him never to be able to have a social life.”

John also claims that Notre Dame admonished his psychologist at the University Counseling Center for writing a letter on his behalf expressing John’s desire to cease contact with his ex-girlfriend and explaining the progress he had made. The lawsuit alleges that the university “made clear that the University counseling center was never again to advocate for male students accused of sexual misconduct.”

John, previously a member of Notre Dame’s Mendoza College of Business, was set to begin working for a financial firm after graduation. As of now, however, he has been expelled from Notre Dame with the stipulation that he be permitted to “reapply for readmission” in Fall 2017. His suit asks that he might be permitted to complete the final three weeks of school and take his final exams.

In recent years, dozens of lawsuits have been filed against universities across the nation claiming that male students have been denied due process and face gender discrimination from campus kangaroo courts that overzealously prosecute Title IX claims made by female students.

Notre Dame spokesman Dennis Brown and John Doe’s attorney Peter Agostino declined to comment to The College Fix on the case. The initial hearing occurred April 25, but the results have not yet been made public.

MORE — LAWSUIT: Female student falsely accuses ex of rape and stalking to keep him out of acting program

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About the Author
Kate Hardiman -- University of Notre Dame

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