Rape

Expelled Yale Basketball Captain Says Sex Was Consensual—They Spent Night Together Afterward

Is Jack Montague a victim of Title IX overreach and due process abridgment?

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Montague
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The next major campus rape dispute is already here: Jack Montague, a former captain of the Yale University basketball team, was expelled for sexual misconduct after a female student accused him of rape. He is now suing the university. 

Montague's alleged victim filed the complaint with a Yale Title IX coordinator in October of 2015—a year after the alleged assault occurred. 

The reason for Montague's expulsion became public only recently. At a recent game, his teammates wore shirts bearing Montague's nickname, "Gucci" in support of their missing captain, which prompted some on campus to complain that the team was making light of sexual assault. 

Finally, on Monday, Montague's legal team commented publicly on the former student's situation, confirming it as a sexual assault dispute. 

"We strongly believe that the decision to expel Jack Montague was wrong, unfairly determined, arbitrary, and excessive by any rational measure," wrote Max Stern, Montague's lawyer, in a statement. "Yale has been oblivious to the catastrophic and irreparable damage resulting from these allegations and determinations. The expulsion not only deprives Jack of the degree which he was only three months short of earning, but has simultaneously destroyed both his educational and basketball careers." 

According to the statement—which represents only one side of the story, though it presents most of the details of the encounter as uncontested—Montague had sex with an unnamed female student on four occasions. The first three were deemed consensual by all parties: only the fourth is in dispute. 

Their fourth encounter, according to the female, was not consensual. Montague disagrees. According to his lawyer: 

On the fourth occasion, she joined him in bed, voluntarily removed all of her clothes, and they had sexual intercourse. Then they got up, left the room and went separate ways. Later that same night, she reached out to him to meet up, then returned to his room voluntarily, and spent the rest of the night in his bed with him. 

She reported this encounter as sexual assault one year later. A panel sided against Montague based on a preponderance of the evidence, and he was expelled on February 10. 

At this point, these are the only details to which the public is privy. Some have suggested the fact the female student climbed back into bed with Montague afterward casts doubt upon her accusations. Of course, there might be additional evidence that strengthened her claim in the eyes of the Title IX officials. 

But in all too many university sexual assault cases, evidence that helps the accused is ignored and the accuser's word is effectively treated as sufficient to convict under the preponderance of evidence standard. 

I don't know whether Montague is guilty of sexual misconduct. But if it ultimately came down to his word against hers, the university should have cleared him of wrongdoing—innocent until proven guilty, and all that.

It's too early to say whether Montague is a victim of a gross miscarriage of justice, though that may well be the case. For now, the fact that he is suing Yale for abridging his due process rights should serve as a good reminder that universities are ill-equipped to adjudicate sex crimes. Please, let cops and courts deal with rape.

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  1. I’m starting to think that maybe there’s actually a War on Men in this country, what with our gross overrepresentation in suicides, murder and assault victims, prison populations, homelessness, ADD diagnoses and now these anti-male kangaroo courts.

  2. Please, let cops and courts deal with rape.

    How about we have Mariska Hagarity and Ice-T investigate all rape accusations?

    1. And the blonde gambler slut!

      1. and richard belzer!

    2. Actually, if it’s Ice-T and not a character he’s playing, I’d be down with it.

      (yes, Ice-T is also probably a character he plays in public, you know what I mean)

    3. Not Cosby?

  3. Graham Spanier disagrees with you.

    He and his staff investigated the scandalous accusations against Jerry Sandusky and said nothing more to see, move along now. Who are we to question Mr. Spanier?

  4. The world must be peopled, if only with Yalies.

  5. Please, let cops and courts deal with rape.

    It is time for them to start dealing with false rape accusations as well.

    1. Feminist (or Ezra Klein) response: “Good idea, let’s hang the innocent as well, to send a message to the guilty.”

  6. Yale has been oblivious to the catastrophic and irreparable damage resulting from these allegations and determinations.

    But the volcano needs fed.

  7. So I take it all the “listen and believe” people have never read to kill a mockingbird, or heard of the Salem Witch Trials.

    If you are presumed guilty, how to you prove your innocence when it only takes their word to ruin your life

    —Exactly

    1. But did you read the sequel? Atticus Finch becomes a Trump voter in his bitter old age.

  8. She reported this encounter as sexual assault one year later. A panel sided against Montague based on a preponderance of the evidence…

    What. The. Fuck? What fucking evidence did they have a year later other than her story?

    1. that’s all the evidence they need. That and an SJW tribunal.

      Tell me about this male privilege again?

      1. This is exactly the point. It makes no difference whether or not this individual is guilty. The male must lowered in his social standing at all costs. White and male must be destroyed so that we can have a fair future for everyone. Lowering the bar for conviction and moving trial out of real courts is a side step in the proud progressive tradition. If the processes aren’t fast enough or canted in your favor, find another way to guarantee the result you want.

        1. He’s just lucky the SJWs don’t take actual history courses, or he’d have been sent to the guillotine months ago.

      2. I saw a tweet last week that compared a person today claiming, “I am not a racist” to “like when a plantation owner…derp, derp”

        That person seems convinced that due to the seriousness of the subject, that a denouncement alone is enough to convict a person, no defense should be allowed.

    2. She ‘deserves’ to be believed, right?

    3. Her feelings

      1. I’m guessing they were hurt when he got himself a new chick or otherwise did something to offend her.

        1. Finding new pussy is the new rape. Double rape, if new pussy can cook.

    4. What fucking evidence did they have a year later other than her story?

      Her vagina. People with vaginas never lie.

      1. I gotta bridge to sell ya!

    5. the presumption of guilt is conclusive.

  9. Interesting given the duke lax thing on espn right now

  10. “The expulsion not only deprives Jack of the degree which he was only three months short of earning, but has simultaneously destroyed both his educational and basketball careers.”

    Yale is beyond the pale.

    1. The lawsuit payout will be too.

  11. Statistics would be great. It seems the reported-1-year-later, ‘alleged assault followed by (more) sex and/or friendly/romantic interaction’ type is a modern classic.

  12. “I don’t know whether Montague is guilty of sexual misconduct.”
    Funny, because I *know* he’s not guilty of sexual misconduct. “Guilt” is a term handed out by courts of law, a place where this young man has clearly not been tried. Stop misusing words Reason. He may have done something that would make him guilty of any number of crimes, but until that accusation is proven in a court he’s not “guilty” of anything. He is “innocent”, and you can be 100% certain of that.

    1. He is “innocent”, and you can be 100% certain of that.

      That is not exactly true either. He gets the presumption of innocence at least from the courts. From Yale he gets the presumption of guilt and must prove beyond a shadow of a doubt she gave consent.

    2. This again. Given what we do know, there is no reason to believe he did anything wrong. Grow a spine already, Rico.

      1. Rico is playing it safe. He knows there are plenty of pissed off SJW’s looking closely at his stories for anything that can be used to prove he has an agenda. I’d probably handle it the same way if I were him.

      2. Grow a spine already, Rico.

        Considering Reason’s other contributors’ writing in defense of outright (strictly criminally-motivated) rapists, murderers, and thieves, yeah.

    3. If he did what she accused him of then he is guilty, even if a court is unable to determine beyond a reasonable that that is true. If he did not do it, then a court finding him guilty would not change his innocence. Guilt or innocence are facts, they exist independent of the opinions of humans.

    4. “I don’t know if he did anything that he could be convicted of, but at this point he is indeed yet to be convicted of anything, let alone receive a fair trial”

  13. I don’t know whether Montague is guilty of sexual misconduct. But if it ultimately came down to his word against hers, the university should have cleared him of wrongdoing?innocent until proven guilty, and all that.

    I BELIEVE THE ACCUSED

    Put that on your Subaru.

    1. Let’s leave my Subaru out of this.

  14. Search the Yale student body for a coed named Capulet and you’ll find your accuser.

    1. Cocks on both their houses!

    2. old joke

  15. These things always seem to go one way. They never seem to be the male accusing the female. Plenty of guys hook up with chicks in college and later regret it, for various reasons. Why don’t we ever hear “she climbed on top and assaulted me, but I only wanted a blowjob.” Cue all the jokes, too, of course, but I’m actually curious why that is.

    1. Or, why don’t they file counter complaints under Title IX, of a false rape accusation?

      1. Because there would be summary judgement of no evidence

    2. It’s because these people genuinely believe that men can not be raped. Therefore, if a man makes a rape allegation, they point at his penis and say ‘if it was hard enough to have sex then you wanted it’.

      I am literally not making this up. That is what these people believe. It’s a nice way to ensure men have no recourse because of biology, which is so ironic it belies belief.

      1. One exception:

        Female teachers are prosecuted and punished for having sex with male high school students. In my younger days, a common reaction was that such male students were lucky.

  16. Oh, come on, what college girl would have consensual sex with the captain of the Yale basketball team?

    4 times?!?

    GUILTY AS CHARGED.

  17. Four words: Multi-Billion Dollar Endowment. Sue the richest party to the violation.

    1. I wish you’d stop talking about your junk

    2. Sue the richest party to the violation.

      Who’s responsible for this whole Title IX silliness anyway?

      1. Richard Nixon. He created the EPA too. So, in other words, all the hippy-dippy Ivy League bums who were protesting him should give thanks now for life-long employment for them and their offspring.

  18. They believe a rape occurred but did not report it to the police. That’s pretty alarming. Why would they not contact law enforcement they had evidence that a capital crime was believed to have occurred on their campus? If a murder was believed to have occurred, would they call the cops?

    1. Not if it was a white male, no. He would have had it coming, right?

    2. Feminists will tell you that’s Raquel in acquaintance rape cases. The girl prefers to deny that a rape took place and rewrite the story by continuing a relationship with the attacker.

      What they won’t tell you is that this makes all sexual contact a rape, depending only on how either party feels after the fact. In this case, 15 months after the fact.

  19. Some have suggested the fact the female student climbed back into bed with Montague afterward casts doubt upon her accusations.

    Not just got back into bed, but got back into the same room, and then got back into bed.

    They fuck. They separate … “Let’s get back together tonight.” “Let’s snuggle in bed”… 1 year later “He raped me”.

    If those facts are uncontested, then it’s hard to imagine new facts that change the issue.

    He should sue, and he should win. He should sue the school, he should sue *her*, and he should bring a Title IX case with the school against *her*.

    The preponderance of *that* evidence is that she made a false accusation of rape. I think that certainly qualifies as making a “hostile environment”.

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  21. There’s only one solution a chastity belt that requires a breathalyzer, written and verbal contract and key to unlock. Just have to figure out a way to activate it if they decide they no longer consent.

  22. Is Jack Montague a victim of Title IX overreach and due process abridgment?

    At this point, that’s my default assumption in these cases.

  23. I rarely see any mention of the fact that all of this shit is the direct result of Obumbles directing a reinterpretation of Title IX.

    The list of horrible shit like this that he has done is endless. When I assert that everything the guy has done has been to fuck Americans and American values I am just hand waived away as some kind of nut. When I start listing the times he has given us his middle finger each and every case is explained away with some kind of bizarro rationalization. When I cite quotes from him telling us outright what he was up to they deny it ever happened. When I show video of him actually saying it they mumble-bumble-jumble something something and want to change the subject. Twenty four hours later they are back to denying he ever said it.

    Really, fuck every idiot who voted for that guy.

    1. ” each and every case is explained away with some kind of bizarro rationalization.”

      Principals over principles.

  24. I have a different view on Yale and every other school that takes federal education money. Without going into whether they sell their souls by taking money (and at this point it would be very hard to stop taking it), they are between a rock and a hard place. The DOE by regulation and policy directives and the Obama Administration by a host of other methods have required schools to impose kangaroo hearing procedures almost designed in every case to find that a sexual assault occurred. The penalty for failing to comply is potential, and I suspect a very real, risk of losing federal funds. So the schools will trumpet their fair processes every time they reach a result, even if they don’t believe that the process was fair and even if they secretly dispute the evidence.

  25. The complaint itself was brought by the Title IX coordinator, not the woman in question. This is highly unusual and has yet to be explained. The response of some members of the Yale campus to the team’s show of support for Mr. Montague is very disappointing.

  26. I think the only solution to this, and a lot of the other problems that plague colleges nowadays (safe spaces), is to get rid of dorms and require that students take their first two years of courses online. That would also cut tuition costs significantly. Or, they could go back to single-sex housing with required study periods and no guests after 9 pm.

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