Title IX

Student Expelled for Sexual Assault Had Evidence His Accuser Was Dating the Cop Who Investigated the Case

Judge says University of Cincinnati student "presents plausible allegations that his ability to present a meaningful defense was thwarted in this case."

|

Cinci
Public Domain

The University of Cincinnati expelled a student, Tyler Gischel, after he had sex with a student who claimed she was incapacitated at the time. Gischel claims investigators ignored two critical aspects of his defense: that his accuser wasn't as drunk as she claimed, and that she might have been romantically involved with William Richey, the university police detective who handled the case.

Friends of the accuser, Jennifer Schoewe, even claimed she exchanged messages with the detective in which they proclaimed their love for each other. But Richey deleted his texts before officials could see them, and Schoewe refused to unlock her phone.

Now Gischel is suing Richey, the university, and the administrators who expelled him. Last week he won an important victory: Southern District of Ohio Judge Susan Dlott ruled that three aspects of his complaint should survive the university's motion to dismiss.

"Gischel presents plausible allegations that his ability to present a meaningful defense was thwarted in this case," says Dlott's decision.

The information presented by Gischel casts significant doubt on the allegation against him, and it makes a strong case that the university violated his due process rights. The police detective's conduct seems utterly reprehensible—so bad, in fact, that the judge is allowing Gischel to sue the officer in both his official and personal capacities. (Dlott dismissed the personal claims against other college officials but some of the official-capacity claims against them will also proceed.)

Gischel's lawsuit is different in some ways from other cases I've covered that were brought under Title IX, the federal statute that requires universities to adjudicate sexual misconduct. For one thing, both the accused and accuser are mentioned by name, freeing us from the convention of calling them John Doe and Jane Roe. Also, this wasn't just a Title IX case: Schoewe initially pursued criminal charges as well. But many of the other details will sound familiar.

Gischel and Schoewe met at an off-campus party on the night of August 22, 2015. "Witnesses described Schoewe as the most intoxicated person at the party," according to Judge Dlott's decision. Between midnight and 1:00 a.m., a group of people that included both Gischel and Schoewe went out for pizza. The lawsuit describes Schoewe as behaving in a manner that indicated sexual interest in Gischel: She both kissed him and grabbed his crotch.

Gischel and a friend attempted to walk Schoewe home, but the friend became separated from them. Around 3:30 a.m., Gischel informed the friend via text that Schoewe was either unwilling or unable to recall where she lived, and wanted to go home with him. Later, at Gischel's apartment, Schoewe "expressly consented to having intercourse," according to Gischel. They had sex, and then Schoewe left, intending to go to another party. By this point it was well after 4:00 a.m.

Sometime over the course of the next two days, Schoewe spoke with her boyfriend and mother about what happened. According to The Cincinnati Enquirer, she was in a five-year relationship with her boyfriend and had planned to lose her virginity on her wedding night. Her mother then called the University of Cincinnati Police Department and told Richey she was worried her daughter had been raped (a situation reminiscent of the infamous Drew Sterrett Title IX dispute, in which a mother read her daughter's diary and pressured her to file a sexual misconduct complaint). Schoewe subsequently reported the incident to the campus's Title IX office, and pursued criminal charges.

Richey handled the university's investigation. Concerns that Richey and Schoewe were somehow involved grew serious enough that the university conducted an internal investigation. Schoewe had posted a picture of herself on social media with the caption "my detective loves me," and her friends allegedly read damning text messages. Richey also gifted Schoewe a pendant to give her strength while she testified before the grand jury. The university eventually transferred him to a different division. (The College Fix has more about the investigation here.)

The court ordered Richey to make the text messages available, but he had already deleted them. Schoewe had the text messages, but she refused to unlock her phone for the authorities, and so the criminal charges against Gischel were dismissed.

The Title IX hearing was another matter. Gischel was denied the opportunity to directly cross-examine Schoewe; instead, he was told to submit questions to administrators who would pose these questions to Schoewe at the hearing. Gischel submitted 63 questions, but officials declined to ask Schoewe two of the most important ones: whether she had a romantic relationship with Richey and whether she had actually been incapacitated on the night in question. (Schoewe had claimed that she believed her incapacitation stemmed from the fact that she had been drugged, but no drugs were found in her system.)

On March 28, 2016, Gischel was found responsible for sexual misconduct and expelled from the university.

His lawsuit makes several noteworthy claims. He argues that the investigation reflects a gender bias against males, for instance, because the investigators did not care that Schoewe had kissed and grabbed him in a manner possibly inconsistent with Title IX. Dlott dismissed this aspect of the lawsuit because Gischel never made an issue of it—he did not file a Title IX complaint against Schoewe.

The lawsuit also impugns the federal government's interference in sexual misconduct disputes at the university. During the course of the investigation, Schoewe filed a federal complaint with the Education Department's Office for Civil Rights alleging a sexually hostile educational environment. It's easy to see why the specter of a federal investigation might have made administrators more eager to send a strong message and expel an accused abuser.

Dlott has allowed the following aspects of the lawsuit to proceed: a Title IX claim for erroneous outcome against Gischel, procedural due process violations committed by college administrators in their official capacities, and a malicious prosecution claim against Richey in his professional and personal capacities.

KC Johnson, a professor of history at Brooklyn College and expert on Title IX cases, has noted on Twitter that this is the 77th campus-due-process-related decision that's favorable to a student accused of sexual misconduct. It's a perfect example of why due process is so important—and the Obama-era effort to undermine it was so pernicious. This young man had a strong case to make that he wasn't guilty and that the investigation was prejudiced against him. He was denied the opportunity to make this case two years ago, and now the court has no choice but to relitigate the matter under fairer circumstances.

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

56 responses to “Student Expelled for Sexual Assault Had Evidence His Accuser Was Dating the Cop Who Investigated the Case

  1. He’s rich bitch!

    HONK HONK!

    1. What a snowflake!

  2. People won’t take this lying down.

    There’ll be a tipping point in one of these lawsuits.

    1. I see what you did there, Rufus.

      1. Nothing gets by you people.

  3. What’s a little conflict of interest among friends?

  4. The police detective’s conduct seems utterly reprehensible?so bad, in fact, that the judge is allowing Gischel to sue the officer in both his official and personal capacities.

    Whoa.

    According to The Cincinnati Enquirer, she was in a five-year relationship with her boyfriend and had planned to lose her virginity on her wedding night. Her mother then called the University of Cincinnati Police Department and told Richey she was worried her daughter had been raped (a situation reminiscent of the infamous Drew Sterrett Title IX dispute, in which a mother read her daughter’s diary and pressured her to file a sexual misconduct complaint). Schoewe subsequently reported the incident to the campus’s Title IX office, and pursued criminal charges.

    Moms, alcohol, and intoxicated virgins are a bad mix. Run away, son! Run away!

    1. Moms, alcohol, and intoxicated virgins are a bad mix. Run away, son! Run away!

      So aiming for staying a virgin until marriage but didn’t quite make it? Yeah, that’s what I’d expect her to look like.

      1. Yike. He must have been pretty drunk too.

      2. Moral of the story, never have sex with a virgin.

    2. I read a story this morning in Dan Savages column about a guy that told his wife he used to fuck his mom, and then was shocked when his wife freaked out.

      Here

    3. She had planned to lose her virginity on her wedding night, to her husband or to the rent-a-cop?

      1. I wondered the same thing. I think the boyfriend was the campus cop, because it says the mom called him specifically to report the assault. At least that’s the way it read to me.

    4. Drew Sterrett Title IX dispute, in which a mother read her daughter’s diary and pressured her to file a sexual misconduct complaint)

      I can’t keep all these isolated incidents straight…

    5. One hoes that he refuses to settle with the officer and takes him for everything he’s got.

      1. Freudian slip right there.

  5. They had sex, and then Schoewe left, intending to go to another party.

    I almost remember what it was like to have this kind of energy.

    1. You waste it all making shitty comments here all day, posing as joirep

      1. Tony, you clearly don’t have sex…with people.

        1. So, if Tony “almost remembers what it was like to have this kind of energy,” then he clearly doesn’t remember. He likely never did have that kind of energy and that’s the reason he doesn’t remember.

          How old is poor old Tony? Hell, I’m 71 and I can still get it going every now and then. LOL

    2. Those were the days.

    3. I almost remember what it was like to have this kind of energy.

      What kind of energy? At 3:30 they’re still stumbling around unaware of where her house is and by 4:00 he’s leaving.

  6. Friends of the accuser, Jennifer Schoewe, even claimed she exchanged messages with the detective in which they proclaimed their love for each other. But Richey deleted his texts before officials could see them, and Schoewe refused to unlock her phone.

    Blue heart emoji, dolphin emoji, chocolate donut emoji.

    1. That’s no donut.

      1. That’s how you know it’s true love.

  7. She both kissed him and grabbed his crotch.

    Why can’t filthy, gross men keep their grubby hands to themselves!

    1. They let you do it.

    2. That’s presidential material, right there.

  8. He argues that the investigation reflects a gender bias against males, for instance, because the investigators did not care that Schoewe had kissed and grabbed him in a manner possibly inconsistent with Title IX. Dlott dismissed this aspect of the lawsuit because Gischel never made an issue of it?he did not file a Title IX complaint against Schoewe.

    I don’t understand why the answer to something like this isn’t “No–I didn’t make a Title IX complaint against her because I thought she was hitting on me–with a very obvious sexual intent. Why would I be complaining about that? SHE was taking the initiative. SHE was the aggressor–not me. In terms of college sex, that’s pretty much the only way to avoid being accused tried and convicted of regret rape.”

    1. Lol at thinking you can avoid being convicted of regret rape.

    2. But the victim concept is alway asymmetric and usually pre-defined. As currently enforced, only women can be victims. Thus Gischel would have a hard time turning the paradigm around in his favor.

      Though that could be one way to end this madness. Assuming (and the evidence and anecdotes support this) that most of these campus cases have some degree of willing participation from both parties, and even some aggression or initiative by the woman, and some degree of impairment of the man, then most of the men have at least some grounding to file their own Title IX complaint.

    3. “Gischel presents plausible allegations that his ability to present a meaningful defense was thwarted in this case.”

      What defense? He’s been accused, for Pete’s sake! Doesn’t anyone realize that nothing more is needed? She said it (and women never lie about such things) therefore he’s guilty!

    4. because the investigators did not care that Schoewe had kissed and grabbed him in a manner possibly inconsistent with Title IX

      “Ooooh, baby, I was dreaming of you kissing and grabbing me in a manner possibly inconsistent with Title IX all day.”

      1. That sort of unconscious neural activity is clearly a thought crime and mentioning it is hate speech.

  9. Around 3:30 a.m., Gischel informed the friend via text that Schoewe was either unwilling or unable to recall where she lived, and wanted to go home with Schoewe.

    I think the last sentence should be wanted to go home with him/Gischel.

  10. It’s better to put a few innocent people in front of the firing squad than it is to let a woman get whistled at.

  11. I taught my daughter that if anyone gives her anything over 1 or 2 milliWeinsteins, that she has my permission (and my lawyer’s) to hit them closed fist.

    1. In college, I never drank from a bottle I didn’t open and I limited it at two.

    2. I was similarly taught that it was okay to start swinging after I’d been hit. Both kids are going to get suspended in a public school, so we reckoned that I might as well fight back. Pretty ridiculous. I saw kids getting slugged, cowering and covering their heads to avoid fighting back get a week off.

  12. I remember those girls from College. You know, the one’s that went into college stifled because of their helicopter parents and boyfriend they’d had since Junior high.

    They were usually on drugs and had fucked a dozen or so guys by the end of the first semester.

    1. I think they nearly all have helicopter parents these days.

      In fact, if a parent is NOT a helicopter parent, they run the risk of getting arrested for child neglect. So the system encourages the whole problem… but that’s hardly news, I guess.

  13. The whole cop relationship thing could be the start of the story line for an X rated version of Paul Blart.

  14. Gischel was denied the opportunity to directly cross-examine Schoewe

    That right there makes this whole proceeding a charade.

    -jcr

  15. Did anyone look up Jennifer?

    Erm….

  16. As much as it’s not fun to get older, I have to say I’m grateful to be many years out of college. It sounds like a total nuthouse these days. You have sex with anyone and, should they feel any regrets at any point later, they (or their mothers) can get you for rape.

    And even declining someone’s advances can get you in trouble. I seem to recall reading a story about a male college student who had another male student come on to him. When he told the guy, “Sorry, not interested. I’m straight,” he got bounced out for anti-gay hate speech.

    1. I’ve actually been thinking about the changing social dynamic, from the outgrowths of PC culture to “boys will be boys” behavior carrying significantly higher costs. More power to the kids defining their own social strata (as long as I don’t have to live there).

      But as ogling and otherwise untoward behavior has been cast as sexual assault, it has also given rise to the female creep.

      The same incompetence with social ques that are usually hurled at boys is on full display with women (but now with force of law!). Grabbing the crotch and then fucking some boy while pinning with the investigating officer is moving towards “I keep jars of my own excretions” levels social faux pas.

      Maybe that change in social dynamic could use a little tweaking.

    2. Title iX came into effect in my senior year, but even before it was implemented many schools had outrageously unfair tribunals for these occurrences. I know a few men are literally too scared to even have sex. We’re told to adhere to so many paradoxes; be seductive and confident, but passive and compliant. From experience I know that affirmative consent is vexing to partners. It stifles spontaneity. Some of the ladies clamoring for T9 expulsions can be heard complaining about how their self-esteem is bruised by a lack of sexual attention. Ultimately, this basic desire we all share to be wanted will be the most effective check on this situation. It’s simply impossible for us to demonstrate these antithetical behaviors, especially since most college kids are still sexually immature.

      1. “From experience I know that affirmative consent is vexing to partners. It stifles spontaneity. “

        Stopping to look for a pen so she can sign the consent from, and then the discussion of “where the hell can we find a notary at this hour?”

  17. So did the cop also prosecute the chick for underage drinking, public intoxication, and her friends for supply alcohol to underage persons?

    1. Isn’t power and authority meant to be used to specifically crush people you don’t like?

      1. Isn’t power and authority meant to be used to specifically crush people you don’t like?

        It’s the only reason people like Caligula and Hillary enter politics.

  18. “Nothing good happens outside after midnight.”
    My Mom

    1. Smart lady and advise given to most male athletes by their coaches.

  19. “…Schoewe had kissed and grabbed him in a manner possibly inconsistent with Title IX.” Which explicitly requires the recipient of said kisses and crotch grabs to respond with “Oooo bababy I like dat!” before said kisser/brabber may proceed to the da BJs & rim jobs….

  20. I can see what your saying… Raymond `s article is surprising, last week I bought a top of the range Acura from making $4608 this-past/month and-a little over, $10,000 this past month . with-out any question its the easiest work I’ve ever had . I began this five months/ago and almost straight away startad bringin in minimum $82 per-hr

    HERE? ,,,,,,,,,,,,,,,,,,, http://www.homework5.com

Please to post comments

Comments are closed.