When people think of sexual assault cases on university campuses, it is common to instinctively favor women because of the nature of these types of assaults. It is also of equal importance to make sure that claims of this kind are valid and warranted because a rush to judgment can be devastating to the accused if the accusation turns out to be false or unlikely. The Tenth Circuit Court of Appeals just rebuked the University of Denver for its handling of a sexual assault claim and how they regularly handle such claims. If you are facing a sexual assault allegation on campus, then it is important that you seek legal counsel immediately.
Original Case Details
In the present case, two students were romantically involved as undergraduate students at the University of Denver. After a night of heavy drinking, the couple had sexual intercourse. The female later contended that the sex was not consensual and reported the claim to the school's Title IX director several weeks later.
The University interviewed 11 witnesses from the female's side but did not interview the five people with whom the male said he discussed the incident. This led to an interview with the male's psychologist. The final report did not include his psychologist's statement questioning the investigation's integrity. The report also included an incomplete rape kit summary submitted by the female who refused to submit the entire report. The male was later expelled from school.
Tenth Circuit Court Finds Anti-Male Discrimination by University
In its decision, the Tenth Circuit Court found that the University of Denver consistently ignored complaints brought forward by men and chose to investigate cases where women were the accusers. Between 2016-2018, the University failed to investigate 21 complaints of sexual assault brought forward by men. The Court found that numerous inconsistencies were ignored by the University in a rush to judgment and failure to investigate properly. The accuser's friends allegedly convinced her that she was sexually assaulted and helped her bring the claim forward.
The Court also stated that the University of Denver minimized, ignored, and misrepresented the inconsistencies in the woman's claim. The Court pointed to the investigative report, which stated that six witnesses substantiated the woman's claim, when in fact, the University had interviewed only three. Claims like this can ruin lives, so it is crucial to get legal help when needed.
Why Hiring the Lento Law Firm is the Right Choice
If you are facing an allegation of sexual misconduct or sexual assault at your university, you likely realize the potential impact that a finding of responsibility can have on your life and academic career. When facing a challenge like this, it is important to seek the advice of an experienced Title IX attorney. Attorney Joseph D. Lento has successfully represented hundreds of students facing Title IX disciplinary actions at their schools and universities across the country. Call the Lento Law Firm today at 888-535-3686 to learn why hiring the Lento Law Firm is the right choice to fight allegations like these.