This UAF Student Was Acquitted of Rape. After 15 Months, Title IX Officials Still Won't Let Him Graduate.

'We need to get the administrative investigation concluded so we can make a preponderance call and expel prior to graduation.'


Screenshot via Stampede TV / Youtube

Title IX administrators at the University of Alaska-Fairbanks essentially presumed a male student was guilty of sexual assault, and were willing to do whatever it took to derail his life.

"The alleged perp graduates in three weeks," wrote Mae Marsh, UAF's Director of Diversity and Equality, in an email to colleagues sent on April 14, 2015. "We need to get the administrative investigation concluded so we can make a preponderance call and expel prior to graduation."

There's only one way to translate that email: officials wanted to wrap up their investigation of Nolan Youngmun as quickly as possible so that they could render a guilty verdict under the preponderance of evidence standard—the "more likely than not" standard—and prevent him from collecting his degree.

They didn't finish the investigation in time—in fact, they are still investigating, a year and a half later—but it didn't matter. Officials asserted the right to hold Youngmun's degree in limbo for as long as they want, even though a jury has already found him innocent of the sexual assault charge the university is still doggedly pursuing.

Youngmun had sex with a female student on in early April of 2015. They disagree on whether the encounter was consensual. The female student alerted the authorities a week later, and Youngmun was arrested for sexual assault.

The charge was adjudicated in a court of law, and on February 22, 2016, Youngmun was cleared. According to newsminer.com:

Youngmun's attorney, William Ingaldson, argued UAF police botched the investigation and were too quick to believe Youngmun was guilty. Ingaldson also pointed out inconsistencies in the woman's account, such as the fact she initially told investigators she awoke to find Youngmun standing naked in her doorway but testified at trial that she awoke to find him on top of her in her bed.

The student is innocent in the eyes of the law. But he isn't innocent in the eyes of the university. UAF initiated its own investigation—under the authority of Title IX—and told Youngmun that he could not receive his degree until they had settled the matter.

That was 15 months ago.

Youngmun has still not received his degree in petroleum engineering, even though he paid the full tuition fees, completed the course requirements for his major, passed his final exams (which he completed at an off-site location, given that he was banned from campus as a de facto condition of the investigation), and, perhaps most importantly, was deemed innocent of sexual assault by the only people who can competently render such a verdict: a judge and jurors.

I don't know whether Youngmun committed sexual assault. He was accused by a second woman, though that charge was dismissed before it went to trial. No one knows the truth of the matter except for Youngmun and his accuser. But he has been subjected to the scrutiny of the criminal justice system, and found innocent.

UAF, on the other hand, can't even be bothered to complete its own investigation. Officials have also failed to articulate a reason for denying Youngmun his degree, according to the lawsuit he has filed against the school. As his lawyer explains, even if Youngmun were guilty, the only relevant grounds on which the university may deny a student his diploma is if he is a threat to campus, according to UAF policy. But Youngmun clearly isn't a threat—he isn't living on campus. He's still banned, and would be a graduate, off to the next chapter in his life, if he could just get his degree.

Related: USC Campus Rape Lawsuit—This Title IX Official's Vulgar Response Is Unbelievable

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  1. Sorry people, but laws like Title IX are a lost cause and it is useless to object to them.

    1. Haha oh man what a fair characterization of previous arguments. If only someone had raised that very objection at the time so that it could be challenged but oh well.

      1. You ran off when everyone pointed out you were wrong.

        You’re still free to address the questions =

        You said Public accommodations laws are a war that was lost (i.e. not worth fighting)

        Title IX is a public accommodation law.

        You’re saying, “totally different”, but that doesn’t say whether your original statement is wrong or needs amending.

        Do you mean, “Some public accomodations laws are no longer worth challenging”? Because…. why?

        [ for the record, the “well-established CRA” has “sexual orientation” literally nowhere in the text., just in the same way that Title IX has “rape” literally nowhere in the text]

        why should libertarians *stop* fighting government attempts to force people to associate or bar people from association, exactly?


  2. “We need to get the administrative investigation concluded so we can make a preponderance call and expel prior to graduation.”

    Alice Through In Wonderland wasn’t meant as an instruction manual.

    “Sentence first, verdict afterwards!”

  3. “We need to get the administrative investigation concluded so we can make a preponderance call and expel prior to graduation.”

    “We need to hurry up and cherry-pick what we need to substantiate our predetermined conclusion.”

    You can’t call it mask-slippage when there is no mask.

    I don’t know whether Youngmun committed sexual assault.

    1. I’d say whatever the facts on the underlying rape case, uncovering this email is the smoking gun that wins a tort. They put it down in writing that they were not going to give him a fair hearing and that they intended to harm him by denying graduation. Done and dusted.

      1. I don’t see any conceivable way the school could win a lawsuit.

        We constantly warn our people against sending toxic emails. That’s about the second or third most toxic email I have ever seen.

      2. of course Robby breezes right past the key point.

      3. I’d like to believe you’re right, but after seeing Barbara Kay’s column in the national post where a judge found a guy guilty of rape with no room for reasonable doubt in a ‘he said she said’ case where the ‘victim’s’ story was full of holes and defended his verdict by quoting Catherine McKinnon and Susan Brownmiller and other radfems, I’m losing my trust in judges. Admittedly that was a Canadian judge, but still. More and more it seems judges are just as capable of making up reasons (or just citing their favorite lunatic ideologues’ books) to justify their preconceived verdict.

    1. Yeh it fucked up your link too.

      1. Bad links and when it hurts when you pee rape are a sure sign of SJW infestation.

    2. Not as much as the saccharine infestation of your link.

    3. Man, you fuck up ONE little link and the haters come out!

  4. They just hate him because his degree is actually useful.

    1. “Petroleum Engineer:” Is that just a male porn star who uses lube?

    2. petroleum engineer? he’s a fracker!

    3. That and he has a penis. And Petroleum Engineer = “Gaia rapist.” That’s strikes 1, 2, and 3.

  5. The student is innocent in the eyes of the law. But he isn’t innocent in the eyes of the university.

    Get schools out of the rape business.

  6. This UAF Student Was Acquitted of Rape.

    I Will Believe What Happens Next!

  7. Complying with a school’s code of conduct is completely separate from criminal liability. You can be tossed out of student housing without even being accused of a crime. For being loud, obnoxious or otherwise disturbing the other residents… the same goes for getting kicked out for being accused of rape. They can have a lower standard than “convicted in a court of law” for allowing you to attend the school for any number of things: drug use, fighting, and even sexual assaults.

    That being said, they screwed the pooch when they put it in writing that they were not interested in even following their own lower standards. He should be able to win in a court pretty easily, given the content of that email.

    1. Yep, you can be bounced from college for anything, and a student can sue the crap out of them.

    2. Well, not to split hairs, but what he is being expelled for is an action that is also a crime, and the courts found him not guilty of the crime. It’s like being found not guilty of raping your mistress but being expelled for extramarital sex. Of course the university, if private, can expel someone just for being accused, but I think it appears a lot worse to expel someone for committing an act that the court of law found them innocent of.

  8. Not for nothing, and maybe pedantic, but Robby should do a find and replace of his article and put the words ‘not guilty’ in place of ‘innocent’.

    1. I was planning on making a similar comment. Juries don’t find defendants “innocent”, they find them “not guilty.” Big difference.

      1. And it does change the meaning of the article. “Found innocent” implies that a court has determined that nothing happened.

        Perhaps he did in reality assault the young woman, but there was insufficient evidence to support a conviction “beyond a reasonable doubt”. It is not unheard of to have civil and criminal cases have different outcomes due to their different standards of proof. The same could apply here.

        The big deal here is that the university seems to be bent on causing this guy harm, not providing a safe environment for coeds under the Title IX requirements. He’s gone.. It would seem that their responsibilty is to either find him guilty or not, and hand him his degree either way.

  9. Youngmun also claimed to not remember some details because he was drunk at the time…

    Uh, it sounds like he was in no condition to give her consent.

    1. Maybe it was him who was raped! He was too drunk to consent!

  10. I wonder if at anypoint someone yelled, “does this motherfucker know who he’s dealing with?”

    1. Seems like an odd thing to yell during sex, but hey, whatever jiggles your handle.

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  12. i get paid over ?79.91 per hour working from home with 2 kids at home. I never thought I’d be able to do it but my best friend earns over ?9185 a month doing this and she convinced me to try. The potential with this is endless. Heres what I’ve been doing,……

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  13. “The student is innocent in the eyes of the law.”

    No hes not. Courts never find anyone *innocent*. They find there is not enough evidence to convict. This kid has a rape arrest on his record that will show up on every job search for the rest of his life. When HR numbskulls see this they will either A. assume he “got off on a technicality” & throw out his resume or B. ask themselves why not hire someone w/out a rape arrest because why risk it? and throw out his resume.

    In our system everyone who is accused receives a life sentence, regardless of the crime or evidence. Its not a good system.

  14. Prof. Alan Dershowitz: ……[these are] people who think sexual assault is so heinous a crime that even innocence is not a defense

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