According to an Associated Press report, a George Mason University student who was suspended last September for violating the university’s sexual misconduct policy is now suing Mason in federal court under a pseudonym, claiming that the encounter with a girlfriend was sadomasochistic role play.
On Friday, April 3, WTOP reported that District Judge T.S. Ellis III gave no final decision as to whether the former student could sue under the pseudonym after Mason demanded he be publicly identified.
According to the WTOP report, associate university counsel and Assistant Attorney General David Drummey said that there was nothing to show that this type of sexual practice is atypical or “sensitive and highly personal” information that would warrant anonymity.
Judge Ellis III called the magistrate’s decision to grant the anonymous filing as “unfair” and “wrong” because it did not allow for soliciting feedback for all parties involved.
According to the WTOP report, the former student’s lawyer Justin Dillon argues that by revealing his client’s name, it will only tarnish his reputation even more by tying him to details of rape and sadomasochistic encounter with his former girlfriend.
From the AP report, according to the ex-student, he and his former girlfriend participated in sadomasochistic role play which involved announcing a safe word if they wanted to stop. The original incident is from an October 2013 encounter in his Fairfax campus dorm room where the woman pushed him away but did not say the safe word. Later that night, they committed another sex act, but upon asking if she was interested, she replied “I don’t know.”
The couple was romantically involved for several months, according to the AP report, but they broke up after she discovered he was cheating on her to which she then filed the lawsuit. He was cleared of any wrongdoing by Mason in September after trying to determine whether the university’s code of student conduct was violated. Upon appeal by the woman, Assistant Dean of Student Conduct Brent Ericson overturned the ruling and expelled the male student.
“The only explanation for such a rash, unreasoned and unsupported decision is Mr. Ericson’s desire to help a complaining female when the system had found a respondent male not responsible,” wrote the legal representatives of the student.
According to the AP report, the new lawsuit by the ex-student is alleging that his expulsion was a result of gender bias and violated his right to engage in a constituonally protected sex act. He wants the violation removed from his record and also $3 million in damages.
Fourth Estate will have report updates on this story as it develops.
Featured image credit: Erika Eisenacher
nick
Case like this are exactly why universities should not even be involved in this kind of thing.
The Fifth Amendment prohibits the state from trying anyone twice for the same offense so since when is the plaintiff allowed to appeal after the defendant has already been cleared of any wrongdoing?
Serious offenses such as rape should be handled by the courts, not The Office of Student Conduct. If he really was guilty, wouldn’t it be better for him to go to prison rather than just getting expelled?
Perhaps Mr. Ericson should take a few minutes to familiarize himself with the writings of the man for whom this institution is named, particularly the Virginia Declaration of Rights #s 8 and 14.
Title IX
You obviously aren’t aware of Title IX and the federal requirement for universities to investigate ALL reports of sexual violence involving students and employees. Universities ARE REQUIRED to investigate these incidents because they are a violation of university policy (and yes, also a crime). However, these investigations are SEPARATE from the criminal justice system’s process. In other words, a university’s investigation of sexual violence is a civil matter involving a violation of university policy, not criminal law.
nick
You hit the nail on the head — Title IX has created a parallel legal system where you can get tried multiple times for the exact same offense with no attorney to represent you and the burden of proof is much lower than it would be in real court.
How is this any of this Constitutional?
Mason2015ish
It is completely legal to be tried for the same manner in a civil and criminal court. In fact, victims often pursue civil charges for compensation after a defendant is found guilty in criminal courts. However neither of those is happening in this case. Mason’s “judicial” system isn’t criminal and students on either sides of complaints have the ability to appeal the school’s decision.
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