Posted on 09/24/2019 7:53:15 AM PDT by outpostinmass2
A federal jury ruled in favor of the Boston College alumnus who had sued the University for improper interference in violation of fair process in his 2012 disciplinary hearing on Monday. The jury awarded the alumnus—referred to by the pseudonym “John Doe”—$102,426.50 in damages: $24,819.50 for tuition and fees for the semester he was suspended and $77,607 for one year of lost income as a result of his delayed graduation from BC.
Doe brought the lawsuit after an Administrative Hearing Board found him responsible for sexually assaulting a fellow student on the annual AHANA Leadership Council Boat Cruise. Throughout the disciplinary process, Doe claimed that another student—identified as “JK”—committed the assault. Doe was covering the cruise for The Heights when the incident occurred. The University initially suspended him for three semesters, and he had sought $3 million in damages and an expunged disciplinary record. He returned to BC for one semester and graduated in May 2014.
The jury said that the plaintiff proved by a preponderance of evidence that the Dean of Students office improperly interfered with the hearings in two communications with the head of the board, and therefore breached its contract with Doe to provide basic fairness. The jury also said that Doe proved by a preponderance of evidence that the interference caused the board to find him responsible.
The preponderance of evidence standard is based on whether evidence points to at least a 51 percent chance the breach of contract occurred.
Doe was arrested the night of the cruise and charged with indecent assault and battery, but forensic evidence and video analysis released in early 2013 suggested that Doe did not commit the alleged assault. Prosecutors officially dropped the charges in May 2014.
(Excerpt) Read more at bcheights.com ...
Presiding Judge Denise Casper instructed the jury to consider only whether two communications between Carole Hughes, then-senior associate dean of students, and the head of the board, Catherine-Mary Rivera, violated the doctrine of basic fairness. The board’s decision not to wait for the evidence to be processed was not within the scope of the lawsuit.
Leftie loon female dean of students cost the college. Just like the Oberlin situation.
There needs to be punitive damages tacked on to try to make sure BC gets the message. I don’t think they will, but there should be an attempt.
Video evidence absolved the student and yet the college still suspended him.
They were only doing what Obama ordered. Believe the woman, no matter how preposterous the story; deprive all men of due process, expedite their punishment and public humiliation. That’s what the Feds ordered and colleges were happy to comply.
There is ONLY one solution.
I hate federal intervention but at this point, as getting rid of it takes longer, it’s dollar apron strings ought to be used. How?
Here’s how. Federal academic regulations should deny ANY federal funds to ANY educational institution that does not turn over ALL cases involving allegations of any kind regarding sexual behavior to the local law enforcement authorities and the courts; and to refrain 100% from adjudicating such allegations on their own.
Colleges should not be allowed to make any decision that may affect the academic standing of any student involved in such cases until, and then only based on, legal judgements rendered by the legal authorities and the courts.
In that regard, if any incident does not involve a crime then the ONLY area such allegations can be adjudicated is in the civil courts, and only such courts can render any judgement that may weigh on any action the colleges may make against any student.
>>Here’s how. Federal academic regulations should deny ANY federal funds to ANY educational institution that does not turn over ALL cases involving allegations of any kind regarding sexual behavior to the local law enforcement authorities and the courts; and to refrain 100% from adjudicating such allegations on their own.
I’m having no problem calling that the definitive response.
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