There are fundamental deprivations of justice, and then there’s what happened to a male student at Drake University. The student, “John Doe,” was expelled for sexual misconduct—ostensibly because he engaged in nonconsensual sex with a female student, “Jane Doe.”
In truth, John was punished for failing to realize quickly enough that he was actually the victim in the encounter. Drake officials still refuse to fix their mistakes.
During the course of Drake’s sexual misconduct investigation, administrators uncovered several pieces of evidence that made John’s claim to victim status arguably stronger than Jane’s: Jane had initiated the encounter, by her own admission, and wasn’t nearly as intoxicated as John. (It’s also possible that she initiated at least one other nonconsensual sexual encounter later that night.)
But Drake refused to act upon this new information, even when John’s father—a trustee at Drake—explicitly requested an investigation into Jane’s misconduct toward John. Such a request would constitute retaliation against Jane for coming forward in the first place, according to university officials, and was thus illegal under Title IX, the federal law interpreted by the Education Department to require the kinds of kangaroo courts now in use at campuses across the country.
That’s all according to John’s lawsuit against Drake. His father, Tom Rossley, is also suing the university. Rossley was dismissed from the Board of Trustees after attempting to draw attention to his son’s plight. His suit alleges that Drake’s board improperly fired him. (Read more about the details of that suit here, courtesy of The College Fix.)
A key aspect of both suits is John’s disability status: he is described as having a learning disability, and was prescribed two drugs to help him concentrate on homework. He was under the influence of both drugs—and tremendous amounts of alcohol—during the encounter with Jane.
The suit alleges that in failing to make accommodations for John during the Title IX process, Drake violated the Americans with Disabilities Act. That’s an interesting claim, but other details of the lawsuit paint Drake officials as so hostile to John’s plain-old due process rights that the ADA aspect seems almost secondary.
On the night in question—October 8, 2015—John and Jane met up well after midnight, at Drake’s Bakery. Both had been at house parties. John had already consumed a huge amount of beer, multiple shots of whiskey, and Red Bull, according to the lawsuit.
Jane allegedly told university officials that she was also intoxicated, although subsequent investigation suggests she exaggerated her level of drunkenness. She claimed that she tripped on the sidewalk, stumbled over, and fell, though a witness refuted this. She also claimed a bartender served her a drink in between the house party and meeting up with John. But the bartender said that never happened.
“Upon information and belief, this testimony by Jane Doe was made in an effort to appear more incapacitated than she was that evening,” according to John’s lawsuit.
John and Jane began flirting—Jane “was all over me and was biting my ear,” according to John—and decided to leave together. In the backseat of the car taking them home, they began making out. Jane—not John, but Jane—instructed the driver to take them both back to John’s fraternity house.
When they arrived at the house, it was so crowded that they ended up heading to John’s car to be alone. It was there that Jane initiated oral sex. Notably, John passed in and out of consciousness as it was happening:
As he testified, John Doe was so intoxicated that he only remembered bits and pieces of the oral sex; he stated he was blacked out for large portions of their time in the parked car, and he did not remember giving consent for the oral sex performed on him by Jane Doe. In fact, John Doe did not remember the oral sex performed on him in the parked car until he returned to the car the next morning looking for his debit card which he discovered had fallen out of his pocket.
In the eventual hearing, Jane Doe admitted to initiating the oral sex on John Doe without his consent. Further, she defined “consent” to be when she initiated the sexual activity. She also stated during the hearing that she felt she was “just giving him what [she thought] he wanted.”
One final note: Everything that the feminist-left claims universities do to re-traumatize sexual assault victims—blaming them, disbelieving them, failing to act on their claims—happened at Drake, but it happened to a male fraternity member. Why is that okay?