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