Once the Obama Education Department sent out its threatening “Dear Colleague” letter that strongly hinted at dire consequences for universities and colleges that did not tilt their sexual assault disciplinary procedures toward a less stringent standard of guilt, horror stories about male students unjustly presumed guilty of sexual assault or rape have been proliferating. This is the worst one I’ve ever seen.
In February of 2012, a male, Asian-American student (“John Doe”) and “Sandra Jones,” as she is referred to in court documents, went back to Jones’ dorm room after a night of hard drinking. John blacked out, and couldn’t recall anything about the evening, a claim Amherst deemed “credible” during his disciplinary hearing. At some point, Sandra performed oral sex on John. Nearly two years later, Sandra accused John of sexually assaulting her. In his lawsuit, John Doe alleged that his adviser couldn’t speak for him, that he could only write down questions for his accuser or witnesses ( no cross examination) and that the hearing panel was made up of administrators trained in “social justice education.” You know: Men bad, women victims.
In the school’s hearing, Jones claimed she texted a friend to come over for help because she had been sexually assaulted. The school never bothered to obtain those text messages—after all, they followed the Hillary Clinton directive that “victims of sexual assault have the right to be believed.” Here’s what she texted to her girl friend:
“Ohmygod I jus did something so fucking stupid…it’s pretty obvi I wasn’t an innocent bystander.”
In another text, she wrote that John “was too drunk to make a good lie out of shit.” After she invited another male student over to her room that same night, she texted to her friend complaining that he waited until 5 a.m. to have sex with her. “Like, hot girl in a slutty dress. Make. Your. Move. YEAH,” she complained while the guy was still in her room.
John learned about the texts during the hearing but was not able to obtain them until after his appeal had failed. Later, his lawyer presented the messages to Amherst, but they refused to reopen his case. John Doe was expelled.
Now, however, U.S. district court Judge Mark Mastroianni has ruled that major claims in Doe’s lawsuit against Amherst College are supported and valid. Most notably, Mastroianni upheld Doe’s claim that the school breached its contract by discriminating against him based on sex.
Amherst, like other colleges corrupted by that “Dear Colleague” letter, in effect has adopted a “guilty until proven innocent” standard that discriminates against men. It is an ugly and sick development for U.S. colleges, where the only safe stance for male students is never to have intimate relations with any woman on campus, and now, not to even dare to get too drunk in the presence of one, lest they, like John Doe, become sexual assault victims later accused of committing assaults they don’t even remember.
This is one more ugly legacy of the Barack Obama presidency, and another divisive one.