Tuesday, June 26, 2018

MALES HAVE A TOUGH BURDEN IN SEXUAL ASSAULT CASES




A federal district court opined that there was no evidence that discrimination on the basis of gender was a motivating factor in a private university's decision to suspend a male student for sexual misconduct.  Thus, the male student could not maintain a Title IX claim against the university and eight of its employees.

The student did not allege that the university would have treated a female accused of sexual assault any differently, or that the university would have acted differently in a disciplinary procedure against a female accused of sexual assault.  

The case is Doe v. Western New England University, 2017 WL 113059. 

My personal view is that males have a tough burden in sexual assault cases.  

GREGORY CHANDLER, Attorney at Law

Tuesday, January 19, 2016

Thursday, December 31, 2015

Monday, December 14, 2015

GREGORY CHANDLER--TO BLOG OR NOT TO BLOG





I came upon an interesting case today out of Florida.  In the case, a blog maintained by a university student to comment on issues of public concern, which included allegedly defamatory blog posts regarding an incident in which a landowner's friend shot two dogs on the landowner's property, constituted "other medium" within the meaning of a statute entitling media defendants to pre-suit notice of a libel action involving publications in a newspaper, periodical, or other medium.

Thus, the blogger was entitled to pre-suit notice of the defamation and libel action brought by the landowner's friend.  The blog was a public medium, the purpose of which was the free dissemination of news or analytical comment on matters of public concern.  

The case is Comins v. Vanvoorhis, 2014 WL 1393081 (Fla. App. 5 Dist.) 


Gregory Chandler, Attorney at Law