SEX ON CAMPUS: Another Witch Hunt At Amherst.
What differentiates the Amherst suit from others, though, is that it portrays Doe as unable to give consent, and Jones as the initiator and the sober party.
And in a potentially explosive claim, the suit alleges the university has “targeted male students of color” like Doe since changing its sexual misconduct policy. Jones’ allegations were the first to be investigated under the new policy.
According to the lawsuit, Doe and Jones engaged in oral sex one night in February 2012. Jones was the roommate of Doe’s girlfriend.
The hearing board found it “credible” that Doe was intoxicated to the point of being “blacked out” during the encounter.
Amherst’s policy on sexual misconduct says a sexual participant can be incapacitated – “a state beyond drunkenness or intoxication” – and experience a “blackout state” in which they “appear to be giving consent” but don’t have “conscious awareness” of what they are doing.
Because the policy distinguishes incapacitation from intoxication, its statement that “being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct” does not clearly contemplate that an incapacitated student could commit sexual assault.
Only 21 months after her encounter with Doe did Jones file a complaint with the university, after a member of the university’s Special Oversight Committee on Sexual Misconduct encouraged her to do so.
A residential staff member with the university also encouraged Jones to “blame” the sex on Doe, according to the suit. This mirrors allegations in the Occidental suit that a university employee convinced the female student to accuse her drunken-hookup partner of assault.
I hope that Doe — and Doe’s attorney — walk away from this with a lot of money, and that the “residential staff member” is personally named. An awful lot of this stuff is ginned up by administrators.