Judge Addresses Due Process, ‘Sex Bias’ in Campus Misconduct Case

Breitbart | 7/9/2019 | Dr. Susan Berry
j.moominj.moomin (Posted by) Level 3
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Judge Amy Coney Barrett led a unanimous, all-woman panel of judges June 28 in reversing a lower court’s decision to dismiss a college student’s claim his right to due process was not honored and he was discriminated against because of his sex in a campus sex assault investigation.

In her decision for the U.S. Court of Appeals for the Seventh Circuit in Chicago, Barrett, who was appointed by President Donald Trump, noted the judges “disagree” with the lower court. Barrett observed “John Doe” “adequately alleged” Purdue University violated his Fourteenth Amendment rights “by using constitutionally flawed procedures to determine his guilt or innocence,” and that the school had violated Title IX “by imposing a punishment infected by sex bias.”

Investigators - John - Doe - Violence - Jane

Purdue investigators found John Doe guilty of sexual violence against “Jane Doe.” The school suspended John for one academic year and subjected his readmission to certain conditions. Following Purdue’s decision, John was expelled from his Navy ROTC program, and lost both his ROTC scholarship to Purdue and his opportunity for a career in the Navy.

According to Barrett, John and Jane dated during the fall semester of 2015 and engaged in consensual sexual intercourse. When Jane grew emotionally erratic and depressed over the semester, even attempting suicide in front of John, he tried to get help for her by reporting the suicide attempt to resident assistants and an advisor.


Barrett wrote:

For a few months, things were quiet between John and Jane. That changed in April 2016, which was Sexual Assault Awareness Month. During that month, Purdue hosted over a dozen events to promote the reporting of sexual assaults. Many of the events were sponsored by the Center for Advocacy, Response, and Education (CARE), a university center dedicated to supporting victims of sexual violence. CARE promoted the events on its Facebook page, along with posts containing...
(Excerpt) Read more at: Breitbart
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