THIS!
Posted on 07/26/2019 2:44:15 PM PDT by Red Badger
FULL TITLE:
She Verbally Consented To Sex But The School Determined He Committed Sexual Assault Because He ‘Cajoled’ Her With Flattery
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A new lawsuit filed against Pennsylvania State University includes several abnormalities, including the school’s decision to review the first hearing into a student’s alleged sexual misconduct and the decision to change the definition of consent in the middle of the disciplinary proceedings.
John Doe, as he is referred to in court documents reviewed by The Daily Wire, was accused of sexually assaulting a student referred to as Jane Roe at the end of January 2018. The two had met the previous spring since they were both part of the Schreyer’s Honors College. On January 26, 2018, the two met up again in a computer lab and started talking. They then started flirting and Jane put her number into John’s phone, according to the lawsuit, and texted herself: “I LOVE YOU.” The two continued to flirt for several days and Jane even spent time in John’s dorm room on his bed. She told him she didn’t want to be “friends with benefits.”
On January 27, 2018, Jane told John her roommate was out and gave him her dorm room number. John went to her room at 1 a.m. and the two talked and began kissing. John’s lawsuit claims that Jane’s initial accusation lined up with his own memory of the incident — he performed several sexual acts on her but stopped as soon as she asked and that she told him to stay in her room when she went to the bathroom and then provided him with a condom. The two engaged in sexual intercourse. After the encounter, Jane continued to flirt with John over text messages and allegedly told her friends she wanted to have sex with him again. The lawsuit claims Jane later changed her account of the sexual encounter to claim John physically forced into sex and that she tried to get away from him.
A hearing panel was convened and John was denied due process as many other accused students are — he was not allowed to call witnesses in his defense or cross-examine his accuser or the witnesses against him. Jane was allowed to present “new information” during her testimony that had not been included in the information John received about the investigation, even though the two were both told explicitly not to bring up “new information.” Jane’s new evidence was her explanations for why she sent flirtatious texts to John before and after their encounter and “explain unfavorable and contradictory information in the packet,” John’s lawsuit states.
John was found responsible and suspended for one year. Oddly, after the hearing, PSU’s Title IX Coordinator Chris Harris asked for a more detailed explanation of why John was found responsible, something that hadn’t been done before and was not outlined in the published disciplinary proceedings information.
The hearing panel’s chair told Harris that the “panel felt that the respondent’s continual flattery (some examples: “Haha nah you beautiful” followed by two wink emojis, then followed by “I wanna be both” and “You’re beautiful” and [“]I’m not that emotional, I could be both” after she clearly stated “Still not gonna f*** u, friend” followed by two squinting face with tongue emojis and her statement that [hooking up] “ruins friendships,[“] constitutes cajoling.”
The panel also found Jane more credible than John because she “was able to offer specific details as to the interaction which were consistent not only throughout the investigation, but also with the text message thread provided,” yet John couldn’t offer such details until he saw the allegations against him. Jane made her accusation against John six months after their encounter in January 2018 and the hearing did not occur until 2019.
While Doe was appealing the decision, he was informed by Danny Shaha, assistant vice president of student affairs, that the appeals process was on hold. He wrote to the appeals officer that the first hearing was under review as “the board may have misinterpreted the University’s definition and application of ‘coercion.’”
Shaha did not vacate the hearing panel’s finding since it didn’t meet the definition of coercion. Instead, he set up a new hearing. Prior to the second hearing, John was provided with a copy of the university’s new definition of consent, which included the word “cajoling” as part of the definition of coercion. The definition was not, at the time, published anywhere public by the school, but was used against him in the new hearing.
John is now suing to stop the ongoing disciplinary process, claiming due process violations and gender discrimination.
Guys, if you can’t wait until you are married, it is a lot cheaper just to pay for it and get a receipt.
And this is the same school that allowed a Pedophile to prey on innocent children for decades.
A man's brain shuts down at the sight of female genitalia; a woman's not so much. A man only has enough blood circulation to supply his dick or his brain, never both at the same time.
#yesmeansno
THIS!
My son was just called for jury duty in Durham NC for a rape case.
One of the “woke” SJW black women in the jury pool refused to acknowledge that there should be a “presumption of innocence “ because it was a rape case.
ie guilty as charged....
Liberalism is a mental disease.
Universities should publish a consent form on the web.
Universities like their kangaroo court system where judge, jury, and prosecutor is the same entity. They hate being dragged to a real court with actual separation of powers!
Mouth wide open!
Well s***. I thought I was a normal non-rapist.
Coulda fooled me.
That’s how the system works!
Both parties know the rules by the age of what? 15?
No. Joe Pa just turned his head and covered his ears
I hope the defending lawyer weeded that lady out of the Jury Pool for reasons of stupidity. She is unqualified to serve on any jury.
I really feel for guys now. I had to talk to my grandson about how low down women can be. Never thought I (as a grandmother) would have to have a talk like that. I dislike most women because they are so petty and selfish. Always starting drama. I hated supervising women when I worked. Men are so much easier. I have been married 50 years so I get along fine with a man. Needless to say, I don’t have many female friends.
Feminist "justice" requires colleges and workplaces to engage in lynching.
Due process is anathema to feminists. If men had the right to a trial conducted in front an impartial panel of their peers, and required them to unanimously agree that he was guilty "beyond a reasonable doubt", then very few "he said, she said" cases would be decided in the woman's favor. Can't have that.
So, instead, the woman's accusation is to be believed by default, and the man is required to prove his innocence to a panel of skeptical feminists, who will be under pressure to convict.
“And this is the same school that allowed a Pedophile to prey on innocent children for decades.”
Penn State should be burned to the foundations and the ground sown with salt.
L
Marriage risks divorce-rape, and puts the man far more at risk than "hooking up" does.
Who says a guy can’t be accused of sexual assault even if nothing happened? I am a woman and think the current state of affairs is appalling. It’s almost to the point that a guy can’t be alone with a woman anymore.
Joe Pa died soon after the scandal. True, he did not follow up on his notice to administrators that Sandusky had been accused of dirty deeds.
He was an amazing man, great coach, graduated more athletes than any other D-1 football coach. His “sin” was not following up. The administrators were never accused of wrongdoing because they didn’t follow up either, yet they agreed to tearing down Joe Paterno’s statue.
What a bunch of CHIT.
I know two players that played at PSU for Joe Pa. One on the 1986 National Championship team and another that didn’t think that Joe was serious about a student athlete cutting classes.
He continued to cut and was sent home, never to play another down for PSU. Joe Paterno should still be alive.....
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