In July 2022, a U.S. District Court granted partial summary judgment to allow a lawsuit to proceed against Dordt University by a former student. The lawsuit, Doe vs. Dordt University, centers on a sexual encounter between two students and the subsequent investigation.

Although a court may still find for the university, the case highlights the shortcomings of Title IX and sexual misconduct investigations on college campuses. It also demonstrates why, if accused, you should hire an attorney to ensure you have someone protecting your rights.

Doe, Roe, and Consent: Background on the Case

Dordt University is a private evangelical Christian school in Iowa. Its policies include a ban on consuming alcohol and engaging in extramarital sexual relations. One exception to the ban on alcohol is that, when a student reports a sexual assault, they will not be disciplined for being intoxicated.

In violation of university policy, two students had been drinking and engaged in sex. The male student, Doe, believed the encounter was consensual. The female student, Roe, initially agreed but later filed charges with local law enforcement.

Evidence existed that other students may have pressured Roe into claiming the encounter was not consensual. One student apparently disliked that Doe engaged in both extramarital sex and drank alcohol and wanted to see him expelled. She had possibly blackmailed one of Doe's friends to refrain from testifying on Doe's behalf, saying she would report his use of marijuana to the administration.

A subsequent investigation led to Doe being dismissed from the school. He returned to Dordt a year and a half after the hearing to complete his degree during the summer session.

Investigation Shortcomings

The lawsuit highlights several issues with the university's initial investigation of the above events. Some of the issues that the lawsuit mentioned include:

• Conflicts of Interest
• Gender Bias
• Inconsistent Enforcement of Policy
• Improper Investigation and Reporting
• Missing Notes and Inconsistent Record Keeping
• Possible Personal Bias by Investigating Officials
• Failure to provide the accused with a written report and clear guidelines
• Lack of training on Title IX and Relevant University Policies

In addition, the school community had, prior to the listed events, raised concerns about sexual assault on college campuses and the need for more stringent punishments. The possibility exists that actions taken against Doe may have been based less on his conduct and more out of a desire to show the university's commitment to enforcing Title IX and sexual assault policies.

For example, members of the hearing committee were not told of several details surrounding the case that could have potentially affected their decision. The investigator did not consider whether Roe may have had a motive in reporting the event was not consensual or pursued the charges of blackmail against the other student.

Protect Your Rights

The Dordt University case highlights several of the shortcomings of current university investigations into Title IX and sexual assault allegations. An accused student has no guarantee that a member of the administration, staff, or faculty will support them.

If you're a student accused of sexual assault, failure to properly defend yourself could lead to serious repercussions to both your reputation and education. Contact the Lento Law Firm. They represent nationwide clients. Call 888-535-3686 or contact us online.