Amherst Student Expelled for Sexual Misconduct Can’t Defend Himself—It Would ‘Impose Psychological Trauma’ on Accuser
John Doe says there's evidence his female accuser assaulted him. But a judge won't make her cooperate.
Remember Amherst College student "John Doe," who was expelled for sexual misconduct, even though he had good reason to believe that his accuser had actually assaulted him? A judge recently blocked Doe's attempt to subpoena his female accuser's text messages on grounds that re-litigating the matter "would impose emotional and psychological trauma" on her.
[clip]
But Doe was blackout drunk at the time—a detail that Amherst administrators deemed "credible," on subsequent review. Of course, it's questionable whether a blackout drunk student can actually provide the level of consent that Amherst's sexual misconduct policy requires.
Other factors cast doubt on the idea that Jones was the victim and Doe the perpetrator. After leaving Doe's dorm room, Jones texted another male student and asked him to come to her dorm room for sex. She also texted a residential advisor about her "stupid" decision to engage in sexual activity with her roommate's boyfriend. In these text messages, Jones admitted that she was "not an innocent bystander." She also complained about how long it was taking this second male student to do anything sexual with her. She did not file a complaint against Doe until two years later.
It's certainly possible that Jones was forced by Doe to give him oral sex without her consent, left the encounter with a fervent desire for another hookup, mischaracterized her own level of responsibility in a message to the RA, and didn't realize she had been sexually assaulted for another two years (after befriending a number of victims' advocates). It just doesn't seem like the most probable explanation for what happened. But, based on a preponderance of the evidence presented to Amherst administrators, Doe was expelled.
John Doe says there's evidence his female accuser assaulted him. But a judge won't make her cooperate.
Remember Amherst College student "John Doe," who was expelled for sexual misconduct, even though he had good reason to believe that his accuser had actually assaulted him? A judge recently blocked Doe's attempt to subpoena his female accuser's text messages on grounds that re-litigating the matter "would impose emotional and psychological trauma" on her.
[clip]
But Doe was blackout drunk at the time—a detail that Amherst administrators deemed "credible," on subsequent review. Of course, it's questionable whether a blackout drunk student can actually provide the level of consent that Amherst's sexual misconduct policy requires.
Other factors cast doubt on the idea that Jones was the victim and Doe the perpetrator. After leaving Doe's dorm room, Jones texted another male student and asked him to come to her dorm room for sex. She also texted a residential advisor about her "stupid" decision to engage in sexual activity with her roommate's boyfriend. In these text messages, Jones admitted that she was "not an innocent bystander." She also complained about how long it was taking this second male student to do anything sexual with her. She did not file a complaint against Doe until two years later.
It's certainly possible that Jones was forced by Doe to give him oral sex without her consent, left the encounter with a fervent desire for another hookup, mischaracterized her own level of responsibility in a message to the RA, and didn't realize she had been sexually assaulted for another two years (after befriending a number of victims' advocates). It just doesn't seem like the most probable explanation for what happened. But, based on a preponderance of the evidence presented to Amherst administrators, Doe was expelled.