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Federal appeals court revives lawsuit accusing DU of anti-male bias – Colorado Springs, Colorado

Colorado Springs, Colorado 2021-06-16 05:00:00 –

The Federal Court of Appeals has breathed new life into a proceeding filed by an undergraduate alleging that he was expelled from the University of Denver because of anti-male prejudice in investigating allegations of sexual assault against him.

The decision of the 10th Circuit Court of Appeals on Tuesday will send the case back to the Federal District Court of Colorado, which originally dismissed the proceedings, for further consideration. The proceeding was filed anonymously by a student under the pseudonym John Doe.

“Looking at the evidence in John’s most favorable light, I’m happy that a rational jury could determine that John’s gender was the motivating factor in the university’s decision to expel him. “The three judges of the 10th Circuit Court of Appeals wrote in 30-a page judgment written by Judge Timothy Chimkovich, appointed to the bench by President George W. Bush.

Other judges who heard the case were Senior Judge Bobby R. Baldock, the appointed President of President Ronald Reagan, and Judge Gregory A. Phillips, the appointed President of President Barack Obama.

Stuart Bernstein, one of John Doe’s lawyers at New York-based law firm Nesenoff & Miltenberg, said:

The University of Denver refused to comment on the ruling.

“The University of Denver has not commented on the active proceedings,” a spokesman for the school said in a statement. “It is important to note that the Court of Appeals did not rule on the merits of the case, but on the previous court of first instance.”

The proceeding was first filed in the US District Court in Denver in November 2017. Bernstein refused to provide biographical information about the client.

More: Read the ruling here.

According to a court case summary, John Doe had never had sex, but was “romantically involved” with his fellow first-year students in early 2016. One Friday night, when both students got drunk, the woman took John Doe to her dorm room. John got sick and fainted on the floor.

The next morning, they had sex. John Doe claimed that the woman identified as Jane Roe “did not ask why he wore a condom or tried to resist” and “on him” before suddenly getting up and leaving the room. It was placed. ” Say. Jane Law said she was still quite drunk and didn’t resist, but “feeled unable to leave the room,” and John Doe grabbed her when she moved her leg. Said.

“John was still in her room when she returned,” the document says. “Jane said they had discussed what happened, and John eventually left.”

The University of Denver campus will be visible on Tuesday, June 15, 2021. (Olivia Sun, Colorado Sun)

A few days later, Jane Law reported a sexual assault nurse examiner, but did not file a claim with the university until late March 2016, about three weeks later.

John Doe did not interview all witnesses the university provided to school investigators, and his psychologist interviewed felt that the summary of her statements at the university was inaccurate and she Was already determined about what had happened when he was interviewed.

John Doe’s proceedings alleged that he was discriminated against by gender, violating due process rights and Title IX rights prohibiting educational discrimination by gender. He also claimed that the school was in breach of contract, breach of good faith and fair trade contracts, and negligence.

Title IX complaints are very rarely brought by men.

John Doe’s proceedings were initially dismissed by federal court, the document said. “I gave summary judgment to the university because I couldn’t provide enough evidence that the university’s actions were motivated by prejudice against him.”

“John argues that a college sexual assault investigation into him was reasonably contaminated by anti-male bias to some extent, inferring that sex was a motivator for college dropout decisions.” The Court of Appeals’ decision stated. “In contrast, the district court concluded that the university’s policies and actions were, at best, plaintiffs of sexual assault rather than women, and respondents of sexual assault rather than men.”

The 10th Circuit disagreed with the district court, and John Doe said, “Sufficient evidence to determine whether the jury’s investigation of the motion and subsequent disciplinary action discriminated against him on the grounds of his gender. Provided. ”

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The court noted that it and other courts refused to infer anti-male bias from gender composition disparities in sexual assault complaints. However, the judge wrote that John Doe raised a statistical anomaly in the way the university investigated sexual assault complaints. It “provides at least a fair reasoning of anti-male bias.”

In court opinion, John Doe was filed by women during the same period, while the University of Denver did not formally investigate 21 sexual misconduct complaints filed by men between 2016 and 2018. He emphasized that he had formally investigated 14 of the 105 complaints. ..

“We recognize that we are dealing with a very small sample size, which is the reality that allegations of sexual abuse in higher education overwhelmingly include female complainants and male respondents. It just reflects, “he said.

Colorado Sun does not have paywalls. This means readers don’t have to pay to access articles. We believe that affected people need to identify important information, such as public health crises, investigative journalism, and parliamentary accountability.

This report Depends For support from readers like you. Invest in an informed community for just $ 5 a month.

Federal appeals court revives lawsuit accusing DU of anti-male bias Source link Federal appeals court revives lawsuit accusing DU of anti-male bias

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