A judge in the United States District Court Northern District of Texas- Fort Worth Division has issued a de facto ruling that Texas Christian University (TCU) violated a male student's right to due process.

The story highlights how, when students face allegations of sexual misconduct, they must hire an experienced attorney-advisor to defend them—because, too often, schools side with the accuser regardless of the weight of the evidence.

The Backstory

A male TCU student (John Doe) was in a romantic relationship in high school and carried on that relationship when he became a freshman at TCU, and his female partner (Jane Doe) was a senior in high school. One year later, Jane Doe enrolled at TCU, and the pair continued a sexual relationship but were not formally dating.

Jane Doe eventually accused John Doe of two instances of sexual assault, reporting the alleged violations to TCU's Title IX Office. These allegations were the basis for the violation of rights to follow.

The Violation of the Student's Rights

TCU's Title IX Office completed a hasty Title IX proceeding and found John Doe responsible for one of the two allegations of sexual misconduct. John Doe appealed, claiming that:

1. TCU could not have reasonably found him responsible for one allegation of sexual misconduct but not the other, as both allegations were based on the same evidence
2. TCU did not reach the correct conclusion based on the facts of the case

Furthermore, John Doe's post-appeal lawsuit actually alleges that he was discriminated against on the basis of gender or sex.

The Judge's Ruling

TCU was seeking a Summary Judgment of John Doe's lawsuit. That is, the school was moving for the judge to dismiss the case before it proceeded further toward trial.

The judge denied TCU's motion for Summary Judgment, explaining that John Doe had grounds for “genuine dispute as to any material fact” and that these grounds make John Doe “ “entitled to judgment as a matter of law.”

The judge found a reasonable basis to support the plaintiff's claim that TCU:

1. Enforced its ruling selectively, using the same supporting evidence to reach two opposite conclusions
2. Engaged in procedural errors in adjudicating the allegations of sexual misconduct against John Doe
3. Showed gender bias through statements, and that this bias may have affected the outcome of Title IX proceedings

The judge's ruling is an indictment of the integrity of TCU's Title IX procedures.

Don't Let Your School Violate Your Rights—Hire a National Education Attorney-Advisor From the Lento Law Firm

The TCU case shows the high cost of sexual misconduct accusations. When schools like Texas Christian University fail to provide the due process that the accused are entitled to, a mere accusation can be equivalent to a judgment of responsibility.

It is vital that anyone accused of sexual misconduct retain an experienced National Education Attorney-Advisor. The Lento Law Firm Team will ensure that your school honors your rights, and we will fight to clear your name and protect your future. Call 888.535.3686 now.