John Doe”was a senior at Hamilton College in Clinton, New York. He was expecting to receive his diploma in 12 days at the upcoming graduation ceremony. His world fell apart when he was informed that he had been suspended and denied his status as a graduating senior. It was a bogus sexual complaint that brought it all about.
It seems Doe had made an off-hand comment to another male student, called “MF”, that became the root cause of all hell being loosed. Some time previously Doe had told MF that he had sex with student “Betty Brown” years earlier. Whether Doe knew it at the time isn’t clear, but at the time DOE spoke to MF about Betty Brown, MF and Betty Brown had become an item.
Being a guy myself I can understand that you don’t welcome former boy friends of your current girl friend telling you any details of their former sexual relationship. You’d rather he kept that information to himself. Such a guy who brings it up in a conversation has to be considered a bit weird. You assume your current sweetheart isn’t a virgin but you don’t really want proof.
MF would have been justified in deciding not to be buddies with Doe anymore. That would have been the normal response. MF wasn’t a normal guy. His jealously turned into a suppressed rage.
When his girl friend filed a complaint with Hamilton College alleging that her sex with DOE back in 2014 had not been consensual, it’s not a stretch to assume MF might have prompted her to do that. Especially when three other female students simultaneously filed similar complaints regarding sex with Doe years earlier.
Three of those complaints were later withdrawn. One remained and Hamilton went after Doe under the Obama Administration guidelines for “investigation” of sexual misconduct allegations under Title IX. Those guidelines created kangaroos courts across American college campuses that denied elementary due process to male students when a female student filed a complaint. The Obama guidelines have since been rescinded by the Trump Administration. Due process has been restored, at least to some extent.
John Doe was “investigated” under the Obama guidelines, found guilty and expelled without a diploma. Four years of college down the drain, at least diploma wise. Doe swears he never sexually assaulted anyone, that the women he had sex with were girl friends at the time and all was consensual. The proceedings favored the accusers over the accused, who wasn’t even allowed to cross examine the complainant. The purpose of affording due process to anyone accused of wrong doing is to make sure they are actually guilty.
Whenever due process is denied the outcome of the investigation or hearing is simply not trustworthy. It’s also an indication that the investigating and prosecuting body doesn’t really care about the integrity of the proceedings. Finding someone guilty is its main desire and nothing will be allowed to stand in the way. Certainly not due process.
Doe is not taking this lying down. He’s brought a huge lawsuit against everyone involved. The complaint is below in Scribd form. It’s 57 pages but you can skip all the stuff under the headings of “parties” or “jurisdiction” as that’s mainly of interest to the lawyers and the judge. The facts are a compelling read. They tell a powerful story.