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Update: New allegations in lawsuit by expelled male student over Oberlin College 100% conviction rate

Update: New allegations in lawsuit by expelled male student over Oberlin College 100% conviction rate

Seek to file Amended Complaint after finding 2015 video in which Dean of Students allegedly “spoke openly about the gender bias with which she approached Title IX enforcement”

In late December I wrote about a lawsuit brought by an expelled Oberlin College male student Lawsuit: Oberlin College sexual assault hearing process rigged, 100% conviction rate:

A male student who was expelled from campus in October 2016 for alleged sexual assault has filed a federal lawsuit against Oberlin. Though the lawsuit was filed in June 2017, it has not received any publicity. Yet the lawsuit contains allegations which, if proven, reflect that Oberlin’s system for adjudicating sexual assault accusations was fundamentally biased against males, at least during the 2015-2016 academic year.

The facts of the encounter are fairly lurid. Please see that post for the background on the lawsuit allegations of the incident in question and the adjudication, and the allegations of systemic bias in the hearing process at Oberlin. The short version of the legal issue was whether, having had consensual sexual relations, one of the sex acts was non consensual because the female said she was “not sober” when she verbally consented. That statement allegedly rendered the female student “incapacitated” under the campus code, though her actions did not reflect any common understanding of incapacitated.

That hearing process, as we wrote in the prior post, resulted in a 100% conviction rate on at least some charges, according to Oberlin’s own Campus Climate Report for academic year 2015-2016:

….When the threshold [to move to formal process] was met, findings of responsibility on all charges occurred in 70 percent of processes. In the remaining processes, the responding party was found responsible for some but not all of the conduct charges….”

The full Motion for Leave to File Amended Complaint (pdf.) and the proposed Amended Complaint are embedded at the bottom of this post.

Here is the key argument from the Motion:

On January 10, John Doe became aware of a YouTube video in which Meredith Raimondo, the architect and chief implementer of Oberlin’s Title IX regime at the time Mr. Doe was a student there, spoke openly about the gender bias with which she approached Title IX enforcement at Oberlin, especially in cases like Mr. Doe’s—ones that involved neither predators nor sex with someone who is fundamentally unconscious. Ms. Raimondo noted that such cases are often called “grey areas” and stated her belief that referring to those cases as “grey areas” of consent discredits “women’s experiences of violence in particular.” Ex. 1 (Amended Complaint) ¶ 59. Those comments, and others discussed below, are direct evidence that gender bias shaped Oberlin’s adjudication of claims like Jane Roe’s. They are precisely the type of facts that suffice to state an “erroneous outcome” claim under Title IX.

Here are the relevant portions of the proposed Amended Complaint:

57. Ms. Raimondo views sexual misconduct as an offense committed prototypically by men against women. In a panel discussion on Title IX held by the American Constitution Society on June 13, 2015, she stated that what Title IX has done is to allow people to “speak about sexual harms done to women” and to “visibilize [sic] gender-based harms and the ways in which that has predominantly affected women.”30 The first goal of a Title IX hearing at Oberlin, she went on to say, is to provide “a safe supportive space for someone to ask, ‘What are the harms you experienced and how can we address them so you can continue your education?’” As she would state elsewhere, at Oberlin it is a “survivor-centered process” that she came to “as a feminist.”

58. In that same panel discussion, Ms. Raimondo likewise betrayed an understanding that men are the prototypical purveyors of sexual violence. She argued there that it was wrong to see the emerging nationwide enforcement of Title IX “as anti-men” because Title IX enforcement “opens the possibility of clarifying that most men in college don’t assault people,” presumably because most men complete college without ending up as a respondent in a Title IX proceeding. Oberlin may be the only place where that fact needs clarification, but whether or not that is the case, Ms. Raimondo’s statement betrays an understanding that men are the paradigmatic purveyors of sexual violence.

59. Ms. Raimondo has also made clear on multiple occasions that Title IX enforcement at Oberlin is motivated by gender bias. As referenced above, just one month after The Oberlin Review doubled down on its insistence that “Jackie” be believed, Ms. Raimondo stated, as to her implementation of the 2014 Policy and its ethos, “I come to this work as a feminist committed to survivor-centered processes.”31 And in the panel discussion on June 13, 2015 referred to above, after another speaker talked about the need to devote attention to the standards of conduct that govern the “middle category” of cases – “where we’re not talking about predators … or sex with someone who is fundamentally unconscious” – Ms. Raimondo responded that those cases were often called “grey areas,” but “I myself am uncomfortable with that [term] because I think it’s used too often to discredit particularly women’s experiences of violence.” Oberlin’s entire Title IX enforcement regime—and in particular, its enforcement of allegations that fall into “grey areas” of consent—are infused with gender bias.

Fn. 30 Available at (last visited January 25, 2018).

The statements referenced are in multiple places in the video (For example, here, here and here.)

The plaintiff obviously views these statements as important in the context of the 100% conviction rate and other statements allegedly made by Raimondo that might reflect an inherently biased process.

Oberlin and Raimondo already moved to dismiss the original Complaint, and presumably will oppose this amendment on the ground, among others, that it is futile in that it doesn’t cure the prior problems in the Complaint. That prior motion to dismiss has not yet been decided by the court, and plaintiff of course will not concede that the original Complaint was inadequate. Rather, plaintiff seems to be taking a cautious approach by making sure all the pertinent factual allegations are before the Court prior to it deciding the motion to dismiss.

We will continue to follow this case.

UPDATE 2-22-2018: Oberlin has filed its Opposition to the motion to amend.


John Doe v. Oberlin College – Motion to File Amended Complaint by Legal Insurrection on Scribd


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It’s the only way to keep in check these malignant fascist crazies and their cancer they seek to spread – aside from supporting every ‘Trumpian’ candidate you can find, and booting out every GOPe rat you can vote against.

These comments by scholar Oleg Atbashian (author of “Socialism Shakedown” and creator of the parody blog, are worth noting:
“I wish I had expanded on one important issue, so I’ll just do it here:

There definitely needs to be a “Free Speech” lawsuit – a class action lawsuit – of the same caliber as…

Brown v. Board of Education (1954 ) – separating black and white students in public schools is unconstitutional

Miranda v. Arizona (1966) – prisoners must be advised of their rights before being questioned by police.

Citizens United v. Federal Election Commission (2010) – corporations and unions can spend unlimited amounts in elections.

I’ll gladly participate in it, but it has to be initiated by someone more connected and more powerful, who can orchestrate it and make it prominent and seminal.

I hope this panel discussion will be a useful contribution towards that end. Once there is a precedent, we can go after all the other bad actors when the need arises.

Oleg’s book, “Shakedown Socialism:”

Oleg Atbashian, Writer, graphic artist, satirist, political commentator:

Worth viewing: ‘SOCIAL MEDIA NEUTRALITY PANEL AT NEWSEUM IN WASHINGTON DC (Oleg, Pamela Geller, Margret ‘Va-va-Voom!’ Howell, Jim Hoff and Marlene Jaeckel):

CaliforniaJimbo | February 8, 2018 at 11:27 pm

Kangaroo courts by liberal academia need to stop. If sexual assault has occurred, notify law enforcement. I’m tired of social justice warriors usurping Justice for all

    Wasn’t it the Dear Colleague letter that demanded the Universities/Colleges take upon themselves to adjudicate all complaints?

    With that letter now rescinded, how soon or if ever will the rules and systems put in place to comply with it be dismantled or will a separate suit for every institution be filed to rid that campus of the tribunal put in place?

When feels trumps facts.

Generally, in Texas we have the freedom to amend pleadings, both petitions and answers.

Under Federal rules, amendment is permissive. The court may grant leave or not.

But usually I think it is simply good judicial economy to grant a leave to amend, especially where it can be shown that any defects in pleading will be healed by an amendment. Or, as here, where new information is made known.

The judge should grant the motion to amend.

was “not sober” when she verbally consented. That statement allegedly rendered the female student “incapacitated” under the campus code, though her actions did not reflect any common understanding of incapacitated.

So … it’s his fault that she’s “operating under the influence”?

I wonder how far they can push that principle. You do the drinking, you make the bad decisions, you perform the irresponsible actions, but somebody else takes the blame. It could revolutionize society.

Maybe it’s time for there to be a Sex Contract with the specific intention of protection of males. Party One (male) agrees to do the following sexual acts… Party Two (female) agrees to do the following sexual acts. With specific clauses on privacy and nondisclosure of information, videos and other recordings, with an arbitration clause prohibiting any civil legal action, and specific agreement that College rules, regulations, tribunals etc are exluded. Because a simple fuck clearly isn’t worth the aggravation that can be caused.

    Subotai Bahadur in reply to RasMoyag. | February 9, 2018 at 2:41 pm

    Sadly, any such contract will be deemed null and void because retroactive regrets always void female consent, with no statute of limitations.

“If a lady drinking is not at fault, then the man who is also likely drinking should not be at fault.”

No. Women are inferior and not responsible for the choices they make.

If two coeds become equally drunk, the male is responsible for ascertaining whether her judgement is impaired, even though his own judgement is equally impaired.

Because men are superior and therefore held to a higher standard.

In fact, the fault lies with her father and brothers for letting her go out at night unescorted.

And she should be covered. Women cannot be trusted to dress appropriately. And because they choose not to be responsible for exercising poor judgement, the males in their family should make those choices for them.

You’ve come a long way baby. And somewhere made a u-turn to 4th century Islamic law. Now make me a sammich, so i have the energy required to Sheppard you like domestic livestock.