The accused, “John Doe,” [had been found responsible by a Brandeis University investigation that denied him due process] for stolen kisses, suggestive touches, and a wandering eye—all within the context of an established sexual relationship. His former partner and accuser, J.C., did not file a complaint with the university until well after the incidents took place. In fact, J.C.’s participation in Brandeis’ “sexual assault training” program caused him to re-evaluate the relationship.
The two began dating in the fall of 2011. They broke up in the summer of 2013.
Comments Robby Soave: “In a world where affirmative consent is a prerequisite for each and every conceivable sexual act, people who awaken their partners by kissing them are committing assault.”
As I wrote about this case back in August 2014, On Campus, Absence of Due Process Extended to Gays, “Maybe these incidents should be left to the judicial system when there is evidence of an actual crime.”
More. From the Washington Examiner:
From the very beginning, the deck was stacked against Doe, as his accuser — a former boyfriend with whom he had a 21-month committed relationship prior to the accusation — submitted two sentences as to the accusation and was not required to provide a full account of the alleged sexual assault. As [Judge F. Dennis Saylor IV, a George W. Bush appointee] wrote in his decision, even if the accuser had provided such a statement, the accused was not entitled to see it.
“Indeed, the accused was required to provide his or her own detailed response without an opportunity to see or know the details of the accusation,” Saylor wrote. “There was likewise no requirement that copies of any ‘substantiating materials’ submitted by the accuser, or the names of any witnesses, be provided to the accused at any time.”
Saylor noted that school disciplinary hearings like the one Doe faced are not criminal proceedings, yet administrators essentially conducted the hearing like a criminal trial.