A Title IX case in Ohio is quietly moving through the appeals process in the Sixth Circuit. One of the claims, though, raises some eyebrows on first blush: The school's conviction rate for people accused of a Title IX violation on campus is 100%.

Title IX Allegations of Non-Consensual Sex at Oberlin College

The fact pattern is the normal one for Title IX cases involving non-consensual sex. A young man and woman at Oberlin College, in Ohio, were having intercourse. She stopped it when she said it was uncomfortable and that she “was not sober.” According to him, they agreed to have oral sex, instead. According to her, he forced her to do it.

A week later, she formally accused him of sexual misconduct in violation of Title IX. Seven months later, the case was heard by the school's Title IX hearing panel. He was found in violation of Title IX and expelled a week later.

He appealed the decision but his appeal was denied.

Lawsuit Claims Oberlin College Convicts Everyone in Title IX Hearings

After his Title IX appeal was denied, the expelled student filed a lawsuit in federal court. The lawsuit claimed that his expulsion was wrongful for three reasons:

• One of the panel members had shown a bias against men in earlier statements
• The infamous “Dear Colleague” letter issued by the Obama administration put external pressure on the proceedings
• A report issued by Oberlin College proudly proclaims that 100% of students accused of sexual misconduct that take their case to a hearing are convicted on at least one charge

What the College's Report Says

The report in question is Oberlin College's 2016 Campus Climate Report, issued by the school's Office of Equity, Diversity, and Inclusion. The statements are found in a single paragraph that spills from page 5 into page 6.

According to the Report, Oberlin College's Title IX office received “over 100” reports of sexual discrimination and harassment in 2015-16.

Only “about 20 percent” of those reports were “referred to full investigation.”

In only “around half of the investigations where the [accused student] was subject to” Oberlin's jurisdiction,” the case moved forward into a formal adjudication process.

In all of those cases, the student was found responsible in at least one of the charges of misconduct. In 70% of those cases, the accused student was found responsible in all of the charges.

Lawsuit Dismissed and Appealed to Sixth Circuit

The trial court ended up dismissing the student's lawsuit, pointing out that his reliance on Oberlin's conviction statistics ended up only emphasizing an estimated 10 outcomes. In the eyes of the court, this failed to show gender discrimination when 90 other Title IX cases were being ignored.

The accused student has appealed the dismissal of his lawsuit. That appeal is still pending.

Title IX Defense Lawyer Joseph D. Lento

As we'll detail in our next Title IX blog post, the case is only being covered by right-wing blogs and media outlets, highlighting the hyper-politicization of Title IX law.

Joseph D. Lento is a national Title IX advisor and a defense lawyer who represents the interest of the accused. Contact him online or call his law office at (888) 535-3686.