Former Student Suing SMU Following Rape Allegations

[MrMustang1965]

from WFAA:

A former SMU student is suing the university in federal court, arguing that he was unfairly suspended in 2006 after being accused of raping another student after a fraternity party.

The ex-student from Southlake says that administrators railroaded him and that he was never allowed to defend himself before "a kangaroo court sort of proceeding that appears to be a form of political correctness run amok," his attorneys said Tuesday.

The student, identified only as John Doe, wants his record cleared and is asking for $750,000 in damages. He says that because he was flagged as a rapist on his transcript, he has been denied admission to other schools, and is unable to find a summer job and afraid to socialize.

Southern Methodist University spokesman Kent Best said Tuesday that the school's attorneys had just received the lawsuit and hadn't had adequate time to review it. The alleged rape victim, who never pressed criminal charges, is not identified in court records and could not be reached for comment.

The incident is another in a series of troubling reports involving SMU students. Three students have died from drug overdoses or alcohol poisoning in a little more than six months.

According to the lawsuit, the student was a freshman at the business school when he met the young woman at an off-campus fraternity party on Jan. 21, 2006. He says that the two went back to his dorm room after the party and had consensual sex.

But the woman testified at the disciplinary hearing that she began to feel dizzy and sick after taking two sips of a drink that tasted like cranberry juice, the lawsuit says.

She later told her resident adviser that a stranger offered to drive her home from the party and instead took her to his room and raped her, according to court documents.

Despite the conflicting stories, the accused student alleges he never got a fair hearing before the university's disciplinary panel.

Among the allegations in the lawsuit:

•He was given only eight days to prepare for the hearing on April 28, 2006, while the accuser had been talking to the assistant dean of student life for three months. The student received the woman's full statement only five minutes before the hearing, he says.

•Evidence was insufficient to support the charge. The accuser never pressed charges with police and didn't provide a rape kit or medical records at the hearing. Other students testified that they talked to the woman during the night and that she sounded normal and coherent, the lawsuit says.

•Although the disciplinary panel's chair ruled that drugs couldn't be discussed at the hearing and although the accuser said she was "100 percent sure" that the student hadn't drugged her, the university allowed a school psychologist to testify about the effects of date-rape drugs, according to the lawsuit.

•The panel was allowed to consider rumors that the student "pushes himself on women," while most courts restrict the use of prior bad conduct.

•The assistant dean of student life, who was supposed to act as an impartial mediator, acted instead as an advocate for the alleged victim.

The hearing wound late into the night and concluded around 12:30 a.m., when the panel instructed him to return at 7 a.m. to give his closing argument because one of the members had another commitment, according to court documents.

"You can't just say, 'People have better things to do,' " said Robert Brunig, the student's attorney. " 'Your life may be on the line. But hey, tough, kid. We're moving this thing along because it's finals time and people are scattering.' "

On April 29, 2006, the student was expelled, the lawsuit says.

But he appealed to the student life office and received a lighter punishment: a one-year suspension and probation for the rest of his college years. The student instead transferred to Arizona State, where he has maintained a 3.66 GPA and joined the mock trial team, according to his attorneys.

But he says he has been shorted thousands of dollars because he must pay out-of-state tuition.

SMU said it would formally respond to the allegations in court.

http://www.wfaa.com/sharedcontent/dws/n ... 73498.html

[FroggieFever]

WOW. Very interesting..., thanks.

The accuser never pressed charges with police and didn't provide a rape kit or medical records at the hearing.

Did she provide a rape-kit? Did they conduct one?

If so, why wasn't it presented at the hearing?

If not, why didn't she?

[RGV Pony]

If nothing else, credit the kid for good timing. On the heels of the other rape case involving a private Methodist university, he files.

[NavyCrimson]

The "days" we live in.

[Bergermeister]

from WFAA: A former SMU student is suing the university in federal court

[Stallion]

SMU has obviously instituted a policy of admitting known rapists, druggies and thugs to get a higher ranking in U.S News and World Report College Top 100.

[Mustang98]

Did he play for the lacrosse team? Do we even still have a lacrosse club team?

[PonyKai]

Did he play for the lacrosse team? Do we even still have a lacrosse club team?

Yes, they're very good too.

[couch 'em]

I had a friend at SMU laughably accused of this same thing. It later came out that the female had said she was drugged to get out of a drunk underage ticket. It cost my friend over $1000 for a lawyer for a completely made up charge.

And women wonder why people don't always take rape allegations seriously.

[SMUtrojanFAN]

But he says he has been shorted thousands of dollars because he must pay out-of-state tuition.

How much more is out of state tuition at ASU vs. private tuition at SMU??

[OC Mustang]

This stuff happened in 1990-91 as well with a KA and a lil sis for the fraternity. Split the house, as I recall. I knew both parties, so I stayed out of it. But it prompted the creation of this "hearings board" on campus, one part students, another part administrators/professors.

This "hearings board" was fought at the time for precisely this reason. Nobody in an administrative role was in a position to judge this thing, and even moreso, no advocacy process existed. A fellow I knew who was tapped to help create this board...can't recall his name...had repeated arguments with Caswell, Terrell (I believe was her name), and two professors, and it became clear that it was going to happen anyway. The idea behind it at the outset was that it was necessary to have some means to deal with the accusation of rape because, despite being a private university and reserving the right to send a student packing for any number of reasons, some sort of due process was needed to ferret out the truth.

Trouble is, their solution sucked then, and if the counter-accusations by the alleged perpetrator are true, it sucks now. It was a tough call at the time (1992-93), because the university motives were sound. Their judgment wasn't, though. And I don't recall if Leon Bennett was for or against at the time. I think he wasn't real torqued up about the idea, but it was decided that it would go forward anyway.

Bluntly put, the university reserves the right to toss someone for defamed character, whether right/wrong/indifferent. They just arbitrarily choose when to exercise it.

And RGV's point should be well-taken. This isn't a real case until Duke University took the word of an alleged stripper and an overzealous DA. They screwed up, and it cost them. Chances are, it will cost SMU too.

[EastStang]

First and foremost, we don' t know what really happened. He said, she said. Was she given roofies? Who knows. The problem with a "rape" situation is that these students are in a small campus and will have to deal with each other for years to come and perhaps be in classes together. Sort of like a church situation where a couple gets divorced, someone has to leave. In these types of situations where the facts are in equipose, administrators usually side with the "victim" in determining who should leave. I note that in his lawsuit he said he had a rape label on his transcript so that he could not get accepted at another school, yet he was accepted at Arizona State. SMU is a private school. It can admit and can throw out anyone at will and guilt need not be proven beyond a reasonable doubt. If this guy got the rep as a date rapist, he should probably go elsewhere to school anyway. Good luck getting a date at SMU. Sorority girls do talk to each other.

[NavyCrimson]

Well said - couch 'em

[smu diamond m]

The truth of the matter is, the damage has already been done. His name has been permanently attached to the word "rapist" even if he is completely innocent. I'm torn as to whether the university should win or lose this lawsuit. I can't imagine tagging someone as a rapist, based on pure speculation, and then going as far as expulsion. No rape-kit, no charges, no sense. Ridiculous.

[smupony94]

The truth of the matter is, the damage has already been done. His name has been permanently attached to the word "rapist" even if he is completely innocent. I'm torn as to whether the university should win or lose this lawsuit. I can't imagine tagging someone as a rapist, based on pure speculation, and then going as far as expulsion. No rape-kit, no charges, no sense. Ridiculous.

If the glove don't fit you must acquit