In September 2022, a jury found Purdue University guilty of retaliating against a student who had come forward with allegations of sexual assault. A second student had settled with the school shortly before the trial began.
Jane Roe, the pseudonym for the student whose case went to trial, was originally expelled as a result of her complaint. Her case highlights how colleges and universities may find ways to retaliate against students who report wrongdoing by other members of the school's community.
Background
In 2018, the two students, both women, filed complaints with the school alleging sexual assault. The school expelled both students but reduced the action to suspension after appeal.
According to the two women, the university had a policy that if a woman filed a sexual assault complaint and could not prove the allegation to the satisfaction of members of the Purdue administration, those students faced suspension or expulsion.
Purdue claimed that Roe had made false statements during the investigation, which was the reason for disciplining her. The university also claimed the policy in question did not apply to one gender but all students.
The jury found against the school on the basis that Roe was targeted because of her gender and then retaliated against as a result of her allegations. In addition, school administrators had failed to provide Roe with adequate notice regarding the investigation, and their conduct indicated a malicious or reckless disregard for Roe's rights.
Title IX
The Purdue case falls under Title IX because it centered on sexual assault and discrimination on the basis of sex. Title IX also prohibits retaliation against someone who files a complaint. Even the threat of retaliation is illegal under Title IX.
According to the Department of Justice, a complaint's validity is irrelevant to a Title IX investigation. Anyone who asserts their rights under Title IX, as was the case for the two students at Purdue, is protected.
Individual rights under Title IX are protected against actions such as retaliation to avoid people being afraid to come forward. If colleges and universities were allowed to retaliate against students and other members of their communities who file claims under Title IX, most individuals would hesitate to file claims.
Schools should conduct impartial investigations and hearings. Administrators and other members of the staff tasked with handling complaints should be neutral. While this is the goal, actual investigators can fall short. This is why students who file complaints should have independent representation, which will not have conflicted loyalties between a school, their employer, and the accuser.
Dedicated Legal Advocates
When a student files a complaint or alleges misconduct, they may operate under the mistaken belief that their school will advocate for them. As demonstrated in the Purdue case, this is not always the case. In some situations, a college or university may be in an adversary role against a student.
When a student files a complaint or acts as a whistleblower against misconduct, they need an advocate who will represent their best interests. Contact attorney Joseph D. Lento and the Lento Law Firm at 888-535-3686 or online for help.
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