The latest legal news from U.S. colleges.
Maryland
A Bowie State University student has filed a $3 million suit against his fraternity and three officers.
A member of the Alpha Phi Alpha fraternity, student Kevin Hayes claims three non-student officers of the fraternity abused him on a daily basis between September and December 2013.
In the alleged hazing incidents, Hayes claims he was:
- spanked with a wooden paddle
- beaten, and
- body-slammed.
The accused officers allegedly told Hayes that the treatment would make him “stronger.”
Under state law, hazing is a misdemeanor, and if convicted, the accused officers could face up to six months in jail and a $500 fine.
Massachusetts
Ending a long-running Title IX investigation, Harvard University and its law school have entered into an agreement with the U.S. Department of Education’s Office for Civil Rights (OCR). The university recently updated its sexual assault policy:
- changing its standard of evidence from the “clear and convincing” standard of proof to the “preponderance of evidence” standard recommended by OCR
- expanding its definition of sexual assault and harassment
- publishing its non-discrimination notice, and
- designating a Title IX coordinator.
As part of the resolution, the university will:
- share info with the Harvard police department
- train staff on sexual assault and harassment procedures
- provide information to students about their rights
- conduct annual campus climate surveys, and
- review sexual assault and harassment complaints filed between 2012 and 2014.
A separate Title IX investigation at Harvard College – the university’s undergraduate school – is ongoing.
Ohio
An expelled student – known as John Doe in court documents – has filed suit against the Cleveland Clinic Lerner College of Medicine and Case Western Reserve University.
Doe was expelled from Lerner after a female classmate filed a sexual misconduct charge against him.
Doe claims they had consensual sex, but the university’s investigation determined the woman was unable to give consent, as she was intoxicated at the time.
The school’s handbook includes a detailed sexual assault policy, which spells out that sexual violence includes sex acts that occur when students are incapable of giving consent due to alcohol use.
Doe says the college violated his due process rights, discriminated against him based on gender and breached its contract with him.
The suit seeks reinstatement and monetary damages.
The school has asked the court to dismiss the claim.
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