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Tuesday, January 03, 2017

Expelled for fake rape, Indiana student sues

Marion Zerfoss, 21, got drunk in October 2015 and had sex with Aaron Farrer, 21. Both were students at Indiana University. She later claimed rape, and the university expelled him a month later.

However, 11 months later, the criminal case was dropped due to insufficient evidence.

Now he is suing the university.

From the Indiana Daily Student:
According to court documents, Farrer is suing for “defamation, intentional infliction of emotional distress, violations of Title IX” and violation of due process. He alleges that “IU engaged in a gender-biased investigation of Farrer, which culminated in Farrer’s unlawful expulsion from IU.”
Margie Smith-Simmons, IU spokeswoman, said the University cannot comment on the lawsuit or Farrer’s case due to privacy laws.
“The University’s Sexual Misconduct Policy provides for a fair, impartial and robust investigation and adjudication process when responding to reports of alleged sexual assault,” Smith-Simmons said. “Indiana University is strongly committed to providing a safe and secure environment for all members of its community, and assuring that its processes are fair and afford due process protections.”
Farrer is seeking $75,000, demanding a jury trial and is asking to be reinstated as a student at IU, according to court documents.
Students are entitled to due process.

Absent a conviction, the university should apologize, reinstate, and hand him the $75,000.

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11 comments:

  1. Social Justice (Title IX) is no justice at all

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  2. They should be happy to hand him $750,000 in order to settle the case before a jury hands him 3 or 4 times that much. And if Trump's DoJ were to step into the case on the plaintiff's side in order to send a signal to all universities, IU could be looking at a HUUUUGE settlement.

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    1. YUUUUUUUUUUUUUGE. Gotta have the Y in front, as opposed to Y-fronts, which is a style of mens underwear.

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  3. This comment has been removed by the author.

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  4. This is not an isolated case, this is now a common circumstance and lawsuit.

    I haven't read a good analysis of this case, and I don't trust the media, so I don't know what to make of it and won't comment on this one. Regretting having sex is not the basis for a rape case, but I won't minimize or overlook those who take advantage of those who are passed out or worse, as that's reprehensible.

    However, many of these cases are egregious miscarriages of justice in the other direction. No due process, a light "preponderance of evidence" standard, no representation, no witnesses - kangaroo court stuff. And the "convictions" in U-Court come in the face of fabricated evidence and testimony (Rolling Stone case) as well as clear evidence that would suggest normal relationship (friendly text messages and meetings/communications for weeks/months afterwards) - followed by a later regret and a desire for pressing sexual assault charges. (I left out the part where they meet a women's studies professor or student who counsels them on what to do about their regret over participating in hook-up culture - but it seems to happen a lot).

    These cases are bad, and there needs to accountability, justice, restitution around this stuff. Civil lawsuits, defamation/libel, etc. are all a part of that.

    And hopefully, ultimately, Title IX gets cleaned up.

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    1. This is the ENTIRE wording of Title IX...all of it:

      "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance."

      There's nothing in the wording of the actual legislation that really needs to be fixed. Who could disagree with it on its face? The problem is in the manner in which Title IX is implemented by the Federal government, by the rulings it promulgates. Well, having stretched the wording beyond all reasonable meaning, the Obama administration knows that such rules are not LAW. And because they are merely RULES, they can be changed if and whenever, and however, either Congress or President Trump sees fit. Personally, I think the responsibility rests with Congress to make clear what they want the law to say and how they want the Executive Branch to enforce it. It should not be left to the Executive Branch or the Courts to read the minds of Congress or to make law. The job of a legislature is to legislate.

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  5. He's got an air-tight case here, and the Univ. people know it. If anything, they'll lose more money in freshman FTEs over this than anything else. I'm with PrincetonAL, but haven't got the details outside the #FakeMedia. At most universities (let's just say Florida), before an outright "expulsion" can even get started there are a series of steps that go through the Dean of Students (or equivalent), with right of appeal at every single step. The time frame of this indicates a blatant railroad.

    What's with the chicken feed amount? Where's that future earnings calculation?

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  6. This won't stop until men who are unfairly accused start suing the women who make these allegations. It is noticeable that those 14 women who appeared magically accusing Trump of sexual assault, disappeared just as magically a few minutes after he said he was going to sue them. The women are not being charged by the police for making a false claim and thus are suffering no loss.

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  7. If a student found a dead body on campus, would they call the cops or some administrator?
    If a bank on campus was robbed,would they call the cops or some administrator?
    libby

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  8. Simple solution: Keep your pecker in your pants. You're there to receive an education. It worked for me, but I entered college after serving four years in the paratroops. Self-discipline is sadly lacking in colleges today. - Elric

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  9. Correct. To just not have sex with someone your aren't married to, are not even in a relationship with . . . why is that so difficult?

    Also: I never understand why HE can't sue HER for rape. If he was drunk, HE couldn't give consent either.

    For the record I am female and very much against rape. But all this fake rape accusation garbage delegitimizes real rape victims.

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