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June 09, 2014

Title IX Violation At Occidental

He was drinking. She was drinking.

He agreed to have sex. She agreed to have sex.

He was expelled as a rapist. She was declared a victim.

And now he is suing the university over it.

According to a now-expelled male student who has filed a Title IX lawsuit against Occidental College, a sociology professor at the Los Angeles liberal arts school believes she knows exactly how to spot a rapist.

This fall, a pseudonymous female student accused the pseudonymous student, John Doe, of rape.

Doe claims the professor, Danielle Dirks, indicated that he “fit the profile of other rapists on campus in that he had a high GPA in high school, was his class valedictorian, was on [a sports] team, and was ‘from a good family,’” reports the Foundation for Individual Rights in Education (FIRE), a civil rights organization.

Under pressure from the federal Department of Education’s Office for Civil Rights to respond to allegations of campus sexual assault (and a lawsuit filed by Gloria Allred), Occidental officials kicked Doe out of school after finding him “responsible” for raping the female student despite a series of text messages that seem to indicate her sexual enthusiasm.

The incident occurred in the wee hours of Sept. 8, 2013.

According to evidence gathered by private investigators retained by Occidental, the female student, asked Doe via text “do you have a condom” and sent an eager text to friend reading “I’mgoingtohave sex now” [sic]. This second text ended with a smiley-face symbol.

She and Doe planned for her to leave her dorm room and come over to his for a sexual encounter.

Don't you love the "proof" that the guy was a rapist? Good home, good grades, good athlete.

And that despite the fact that Both were drinking, only one was deemed incapable of consenting. By rights, the accuser should have been deemed a rapist as well and expelled for her offense -- after all, the male student was also drinking and should therefore have been deemed incapacitated and incapable of giving consent. You know -- if men and women were held to the same standard by the college, as is required by Title IX.

And interestingly enough, this incident has the unusual angle of having been investigated by law enforcement and found to lack the necessary elements to charge either student with a crime. But that didn't stop the kangaroo court set up by Occidental from determining differently under a standard so minimal and biased as to make sexual assaults of most sex acts that take place between students at the school on any given Friday or Saturday night.

I look forward to this student prevailing in this suit -- and to the day when colleges and universities leave the determination that a crime of sexual violence has taken place to law enforcement and the judicial system. After all, we don't delegate the adjudication of other felonies to institutions of higher education -- why should we treat sexual assault so frivolously?





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