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New lawsuit claims Cornell wrongly expelled male student for ‘clearly consensual’ sex


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new-lawsuit-claims-cornell-wrongly-expelled-male-student-clearly-consensual-sexThe Ithaca Voice:

Jeff Stein

March 20, 2015

 

 

A new lawsuit filed Thursday against Cornell claims the university wrongly expelled a male student for what was “clearly consensual” sex.

 

The former student, a senior at Cornell, was found guilty of sexual misconduct by the university’s judicial system after an encounter with a female student in December 2013, according to the lawsuit. There is no indication criminal charges were ever pursued.

The male student is referred to throughout the lawsuit under the pseudonym “John Doe.” He was expelled in May 2014, shortly before his graduation, and has had his diploma withheld and his reputation “tarnished” as a result, according to the lawsuit.

 

In a 53-page complaint, the student’s attorneys launch a wide-ranging critique of both Cornell’s handling of the specific case and the overall framework of the university’s judicial system.

The lawsuit also assails the university’s decision in 2013 to lower the burden of proof for sexual assault cases from a “clear and convincing” standard of evidence to the much-lower “preponderance” standard of evidence.

 

But Cornell failed to administer even this lower standard of evidence fairly, the lawsuit contends.

 

(Snip)

 

 

H/T Legal Insurrection


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