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#1 User is offline   MTP Reggie 

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Posted 09 October 2018 - 04:57 PM

Two Students Hooked Up. It Was Clearly Consensual. He Still Spent $12,000 Defending Himself.
A brief romantic encounter at UC-Davis triggered a Title IX investigation after the female student changed her mind about it weeks later.
Robby Soave
Oct. 9, 2018 8:01 am
Reason.com

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James, a freshman at the University of California-Davis, was on his way to math class when he received an email that would derail his life for the next few months: The university's Title IX office, which handles sexual misconduct disputes between students, was investigating a complaint against him. This was in February 2018, at a time of heightened public attention to the problem of predatory men taking advantage of vulnerable women. Journalists had exposed Harvey Weinstein, Al Franken, Louis C.K., Kevin Spacey, Roy Moore, and others for committing a variety of sexual misdeeds.

"This was not a good time to get accused of something like this," James tells Reason.

The email from the Title IX compliance officer went into great detail about the seriousness of James's situation. He would be investigated in accordance with the university's sexual assault and sexual violence policies, as well as the student code, which covers physical assault, threats of violence, and conduct that threatens health and safety. A finding of responsibility could result in suspension, or even expulsion. But the email was short on details of the alleged misconduct. According to the Title IX office, a female student, Becky, had complained that James touched her "on her breasts and buttocks over and under her clothing without her consent." (I am using pseudonyms for both James and Becky.)

James knew Becky. They had been classmates in a drama class, and, very briefly, friends. On the evening of October 20, 2017, they had met up with some other friends to play music. Eventually finding themselves alone in Becky's dorm room, they kissed for a few minutes—and engaged in some light sexual touching—before other students interrupted them. In James's view, the encounter had not only been fully consensual, it was also mutual: Becky bore just as much responsibility for initiating it as James. And, as Becky would later make clear to the investigator, she had also touched him sexually—she explicitly described her own actions in her official statement.

"[Becky's] account of the incident as set forth in the summary of her investigative interviews does not, on its face, allege any 'act of Prohibited Conduct,'" James's attorney wrote in an April 11 letter to Wendi Delmendo, UC-Davis's Title IX coordinator. "Even if everything [Becky] alleges is true, my client clearly did nothing wrong and did not engage in Prohibited Conduct."

And yet the investigation continued until May 1—at which point the Office of Student and Judiciary Affairs finally concluded that James was innocent. Even so, Becky was afforded the opportunity to appeal the decision, consistent with university policy as dictated by the Obama administration's Education Department, which had obligated college administrators to give accusers the option of appealing adverse findings if they granted this right to the accused.

I've covered dozens of Title IX cases involving dubious sexual misconduct allegations, unfair adjudicatory procedures, and life-ruining consequences for the young men involved. James's situation is different: He was cleared, and is now enjoying his sophomore year at UC-Davis. In some sense, the process worked. Even so, James had to spend most of a semester fearful that his life as he knew it was about to end—that his name would become synonymous with the evil men of #MeToo. He had to recount the intimate details of an amorous encounter to university administrators, a lawyer, and his parents. And his family shelled out $12,000 in legal fees. "We're not a rich family, so that made a sizeable debt," says James. "Tuition for UC-Davis is around $16,000 a year. This was almost another year of college." This was the cost of successfully defending against a sexual misconduct allegation that wasn't even really an allegation of sexual misconduct.

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"The joke around here is everybody goes to UC-Davis because they got rejected from Berkeley," James says. "But really what drew me to Davis is I have a decent amount of family in the area. I've warmed up to the campus."

James is a California native. His mother is an immigrant from Asia, and his father is a native-born American. He had a long-term girlfriend for two and a half years during high school, but they broke up when he went away to college.

In a lengthy interview, James shared the story of his encounter with Becky and the subsequent Title IX investigation. I also reviewed UC-Davis's 130-page report on the incident, and all relevant text messages the two students exchanged. (They were included in the report.) To avoid causing Becky to take any further action against James, I did not reach out to her for comment, though her summary of what transpired is included in the report. Becky and James largely agree on what happened, according to the report, and their recollections barely diverge.

James and Becky were enrolled in the same acting class, and they enjoyed performing in scenes together. On October 19, they began exchanging text messages, and agreed to meet outside the classroom. Becky promptly steered the conversation in the direction of sex: She told James about a safe sex information session being hosted in her dormitory building. She proposed "condoms and dental dams" as two of the things that might be discussed. She then explained the function of a dental dam to James.

At dinner, the two continued to discuss sex: how they had lost their virginity, previous relationships, and what kinds of things they enjoyed. Eventually, James accompanied Becky to the safe sex informational session, but Becky's other friends were there. Feeling out of the loop, he left. The next day, they attended an improv show together with some mutual friends. For a group of musically inclined students who had met in an acting class, it was a fun night.

"We're all improv comedy acting students, so we were amped," says James. Afterward, they headed back to a commons area in Becky's dormitory building—a group of 10 people or so—to play music. James played the guitar; Becky played bass guitar and cello. This went on until midnight, at which point James helped Becky carry her instruments back to her room. She showed him around, and instead of rejoining the group, they started chatting. "We keep talking for maybe 5 minutes, turns into 6, turns into 7, 8 minutes," he says. "I didn't want to leave, and I don't think she wanted to leave." The conversation came to a halt and, according to James, Becky leaned in as if she wanted to kiss him. He met her halfway, and they kissed.

According to Becky's complaint, the kissing followed a night of mutual "flirting" and started out "romantic." Eventually, she either asked James to close the door or closed it herself. They continued kissing, and also touching, as they grinded against each other. "I had my hands on her back, and I was like, 'Wow, we're starting to get frisky,'" says James. "My hands start making my way up her back, slowly, respectfully, testing the waters." James opened his eyes to make sure Becky was enjoying what was happening. She seemed "into it," and so he touched her breasts and her butt, over her clothes. James removed his shirt, and, according to Becky's account, she told him to drop it on the floor.

Becky was wearing a jumpsuit over a crop top. According to her statement to the investigator, she told James he could unbutton it, "since it seemed like that's what he wanted." Becky admitted that her hands were on James's back and that she touched his butt as well, because "if he's doing it, I can do it too." The report noted that she did not explicitly ask James whether she could do this: "Complainant said during the interview she did not have a conversation with Respondent about touching his buttocks."

At one point, James became too forceful—he was grinding against her, and she was pressed against a closet door. Becky asked James to be more gentle. He agreed, and toned down the grinding, Becky told the investigator. Becky admitted she kissed James's neck but didn't think she gave him a hickey. She did, however, ask him whether he was into "nipple stuff," and touch his nipples intimately when he responded affirmatively. According to Becky, James gave her several hickeys. She was initially "aroused" by this. The encounter ended when they heard Becky's roommate coming down the hall. James quickly put his shirt back on, and left the dorm.

Becky started to feel self-conscious about the hickeys after her roommate pointed them out. According to the report, she said, "I thought I enjoyed it, but I don't think I really did."

(snip)

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#2 User is offline   Ticked@TinselTown 

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Posted 09 October 2018 - 05:17 PM

What a box of cretins.
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#3 User is offline   LeansToTheRight 

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Posted 09 October 2018 - 05:17 PM

So, in the moment it's ok, but after-the-fact if you have regrets about what you've engaged in, then it becomes grounds for accusations of sexual misconduct? I'm glad I don't have a son - I don't know what I'd tell him.
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#4 User is offline   Tikk 

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Posted 09 October 2018 - 05:30 PM

I need to get into the pre-printed consent form business ....
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#5 User is offline   Dean Adam Smithee 

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Posted 09 October 2018 - 05:36 PM

View PostMTP Reggie, on 09 October 2018 - 04:57 PM, said:


James, a freshman at the University of California-Davis, was on his way to math class when he received an email that would derail his life for the next few months: The university's Title IX office, which handles sexual misconduct disputes between students, was investigating a complaint against him. This was in February 2018, at a time of heightened public attention to the problem of predatory men taking advantage of vulnerable women. Journalists had exposed Harvey Weinstein, Al Franken, Louis C.K., Kevin Spacey, Roy Moore, and others for committing a variety of sexual misdeeds.


Isn't Title IX supposed to be all about "Gender Equality", especially if HS/Collegiate sports?

So where's the office for handling complaints of predatory women taking advantage of vulnerable men?

These days, apparently every hook-up needs to be a foursome: The girl, the guy, the girl's lawyer and the guy's lawyer as onlookers just to be sure everything is "fair".

(Of course, if it's two girls than no lawyers are necessary. The video of it will suffice.)

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THAT SAID, I'm somewhat unsympathetic to this guy's plight. I'm just not a fan of the mindless "hook-up" culture that exists these days. Things have gone TOO FAR. And, yeah, I say this as a former strip club manager: Things have gone TOO far.
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#6 User is offline   SARGE 

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Posted 09 October 2018 - 05:43 PM

View PostLeansToTheRight, on 09 October 2018 - 05:17 PM, said:

So, in the moment it's ok, but after-the-fact if you have regrets about what you've engaged in, then it becomes grounds for accusations of sexual misconduct? I'm glad I don't have a son - I don't know what I'd tell him.





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#7 User is online   Rock N' Roll Right Winger 

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Posted 09 October 2018 - 06:10 PM

This is all to blamed upon the proggies.

They are the ones who started all of this pseudo victim crap. They have done more to ruin relationships between men and women more than anything or anyone with their crazy warped "thinking".
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#8 User is offline   Dean Adam Smithee 

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Posted 09 October 2018 - 06:10 PM

View PostLeansToTheRight, on 09 October 2018 - 05:17 PM, said:

So, in the moment it's ok, but after-the-fact if you have regrets about what you've engaged in, then it becomes grounds for accusations of sexual misconduct? I'm glad I don't have a son - I don't know what I'd tell him.


"Keep yer pecker in your pocket" seems to work.

For girls, "keep yer knees together" seems to work too.

Human nature IS what it IS. There is of course, a natural instinct to put "Tab A into slot B". That cannot be denied. And, well, "babies happen". But lets not go all wonton on this as if its ALL there is to it.
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#9 User is offline   Diamond369 

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Posted 10 October 2018 - 09:19 AM

That particular story reminded me of the young "ladies" who falsely accused the poor boy of sexual misconduct. The poor kid is now being homeschooled by a group of bullies. Do women who lie like this care about anything other than themselves? Where is their consciences? Where in the world can a woman be honest, fight back, and stay honest?

Title IX is I thought only about athletics. I remember that has been brought up during the creation and first season of the WNBA. :coffeenpc:

This post has been edited by Diamond369: 10 October 2018 - 09:38 AM

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#10 User is offline   Severian 

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Posted 10 October 2018 - 10:01 AM

View PostDean Adam Smithee, on 09 October 2018 - 06:10 PM, said:

"Keep yer pecker in your pocket" seems to work.

For girls, "keep yer knees together" seems to work too.

Human nature IS what it IS. There is of course, a natural instinct to put "Tab A into slot B". That cannot be denied. And, well, "babies happen". But lets not go all wonton on this as if its ALL there is to it.

There's a fortune in there somewhere... :biglaugh:
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#11 User is offline   Gertie Keddle 

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Posted 10 October 2018 - 11:00 AM

False reports of sexual assault not as rare as claimed, studies show

By Rowan Scarborough - The Washington Times - Sunday, October 7, 2018
Excerpt:

The assertion from forces against Brett M. Kavanaugh that false allegations of rape or attempted rape are extremely rare is rebutted by a number of studies, researchers say.

Liberals on TV and social media said repeatedly during the Senate confirmation process that only 2 percent of charges are lies — meaning there likely would be truth in the majority of such charges, such as that of Christine Blasey Ford, who accused now-Supreme Court Justice Kavanaugh of sexually assaulting her 36 years ago.

Brent E. Turvey, a criminologist, wrote a 2017 book that dispels this notion. His research, and that of two co-authors, cited statistical studies and police crime reports. One academic study showed that as many as 40 percent of sexual assault charges are false. Mr. Turvey wrote that the FBI in the 1990s pegged the falsity rate at 8 percent for rape or attempted rape complaints.

“There is no shortage of politicians, victims’ advocates and news articles claiming that the nationwide false report for rape and sexual assault is almost nonexistent, presenting a figure of around 2 percent,” writes Mr. Turvey, who directs the Forensic Criminology Institute. “This figure is not only inaccurate, but also it has no basis in reality. Reporting it publicly as a valid frequency rate with any empirical basis is either scientifically negligent or fraudulent.”

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