The Board found Jane’s claim that the oral sex wasn’t consensual to be untrue, writing in their decisions that Jane “demonstrated consent through her actions.” The Board could also not determine that anal sex occurred (John says the two did not have anal sex). So even though two-thirds of Jane’s claims were found not credible, they still bought her third claim that she initially consented to vaginal intercourse but withdrew her consent at some point during the act.
The Board claimed that Jane’s “actions throughout the process are consistent with a traumatic event such as she described in her statement,” except they found most of her statement to be not credible, and the only traumatic event she allegedly went through was withdrawing sex after she initiated and consented to that sex (again, a story that she changed during the investigation).
John’s attorney, Andrew Miltenberg of Nesenoff & Miltenberg, told the Federalist that there’s only one explanation for how his client could be indefinitely suspended even with facts like these.
“Having litigated on behalf of dozens of accused males on college campuses throughout the country, and represented dozens of others in campus proceedings, I’m especially struck by the complete absurdity of the Title IX process at Syracuse,” Miltenberg said. “There is no credible explanation for the Conduct Board to dismiss two claims but uphold a third — other than a presumption of guilt that was made at the outset of this investigation.”
John is suing Syracuse for Title IX and due process violations, as well as breach of contract.
Ashe Schow is a senior contributor to the Federalist and senior political columnist for the New York Observer. She also contributes to a weekly segment on the Enough Already podcast. She has previously worked for Watchdog.org, the Washington Examiner and the Heritage Foundation.