Judge: Student expelled for sexual misconduct can’t mount defense; it would traumatize his accuser

Judge: Student expelled for sexual misconduct can’t mount defense; it would traumatize his accuser

[Ed. – Reason’s Robby Soave raises some very important concerns here.  Not only does this judge’s ruling make a mockery of the rights of the accused, it also incentivizes the accused to sue the alleged victims of sexual assault, in order to compel their cooperation with discovery.  This is really messed up beyond repair at this point, and needs a jolting reset.]

Remember Amherst College student “John Doe,” who was expelled for sexual misconduct, even though he had good reason to believe that his accuser had actually assaulted him? A judge recently blocked Doe’s attempt to subpoena his female accuser’s text messages on grounds that re-litigating the matter “would impose emotional and psychological trauma” on her.

Consider the implications of this decision. According to Seattle District Judge James Robart, a student who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, “Sandra Jones,” was the actual violator of the college’s sexual misconduct policies, does not deserve the opportunity to make his case because someone else’s feelings are more important. …

Doe has filed suit against Amherst for mistreating him. He has not sued Jones, although maybe he should have. As part of his case against Amherst, Doe’s legal team subpoenaed Jones to testify at the trial and turn over certain documents and records of statements she made about the alleged assault. Jones refused to cooperate.

And, according to Judge Robart’s ruling, she doesn’t have to…

Continue reading →


Commenting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse.

You may use HTML in your comments. Feel free to review the full list of allowed HTML here.