Title IX

Middlebury Activist Who Published List of Alleged Rapists May Have Violated Title IX

"I could really give a f**k about protecting the privacy of abusers."

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Dunn
Screenshot via Facebook

Late last semester, an activist at Middlebury College publicly accused more than 30 male students of sexual harassment, rape, racism, and emotional abuse—her own version of the infamous Shitty Media Men List.

Ironically, it's that student, Elizabeth Dunn, who could be in trouble. The list may violate the sexual misconduct reporting procedures required by the college under Title IX, the federal statute that mandates gender equality in schools.

Dunn published the list on Facebook. It begins with a trigger warning for "sexual assault/abuse" and then proceeds to name 30 alleged abusers.

"So many people at middlebury [sic] are open about the trauma they've experienced here, and yet there's still reluctance to publicly name the ones who have caused this pain," she wrote. "It's profoundly fucked up to me that I can write so much about my trauma, and see that and similar narratives hyper-consumed on so many platforms and yet in my everyday life still see people associate with those who have perpetuated this violence as if nothing has happened. So in the spirit of that, here's a short List of Men to Avoid."

The names were redacted in the version of the list obtained by Inside Higher Ed. (The original post has by now been deleted.) Many are accused not just of rape but of serial rape. At the end of the post, Dunn writes: "feel free to DM me more names to add to this status because I could really give a fuck about protecting the privacy of abusers."

Middlebury administrators then stepped in to tell students that anyone wishing to make sexual misconduct accusations should follow the proper reporting protocols.

Title IX doesn't require students to report sexual misconduct—either their own or someone else's. Investigations begin when a report is made to the Title IX office, either by a victim or by someone with knowledge of an incident. The idea is that victims shouldn't feel forced to go through the Title IX process if they don't think that's for the best (although I've covered plenty of cases where someone other than the alleged victim filed a complaint, thus forcing the alleged victim's hand).

Campus employees, however, are required to report sexual misconduct when they become aware of it. This includes students who serve in official capacities, such as residential advisors. And Middlebury's sexual misconduct policy requires everyone to cooperate in investigations once they are formally underway.

"Students are required to cooperate with conduct investigations once they have been identified, by themselves or others, as having relevant information," Middlebury spokesperson Bill Burger told The Middlebury Campus.

Dunn's list may have interfered with an ongoing investigation. She told the campus paper last week that administrators communicated to her it was "highly likely" she would be facing disciplinary measures. Middlebury rules also prohibit "violation of another's privacy," and the list may run afoul of that rule too.

Dunn did not respond to a request for comment, and Burger declined to comment on any individual cases. (Federal law generally prohibits college officials from discussing matters pertaining to specific students.) It's therefore impossible to say whether Dunn is actually in trouble for making the list.

But at least one expert on campus sexual misconduct policies thinks Dunn could be in trouble for violating Title IX itself. According to Inside Higher Ed:

A list with unsubstantiated claims can be damaging for its creator, said Scott Lewis, a lawyer and partner with the NCHERM Group, a risk-management firm that works with colleges. Lewis also helped found the Association of Title IX Administrators.

The list potentially could create a hostile environment for the men named in it, which is prohibited under Title IX, Lewis said. A student in theory could be disciplined for that, Lewis said, or be sued for defamation if a false accusation cropped up in a Google search for one of the men and he was prevented from receiving a scholarship or job opportunity.

Lewis took issue with the idea of publicizing names with unproven allegations against them. Lewis noted that one man was accused of being "emotionally manipulative," but it was unclear what that truly meant. Trained investigators must look into these matters and determine what happened, he said.

If students want to help, they should take part in education around assault prevention, Lewis said.

"If you want true consequence to happen, bring it to the people who enforce the rules and investigate this—pass that information on," he said.

It strikes me as weird that Title IX has essentially been interpreted to mean that any attempt to circumvent the Title IX process is itself a violation of Title IX. This calls to mind the witch hunt against Laura Kipnis, who was accused of violating Title IX essentially for speaking and writing critically about it. Perhaps Dunn shouldn't be levelling unproven allegations against other students, but she does have a First Amendment right to speak her mind, however wrong her views might be. It's worrisome that a Title IX compliance expert thinks the law requires colleges to interpret the "hostile environment" prohibition this broadly.

In any case, no matter how stridently the vast Title IX bureaucracy insists upon the primacy of its model, the people best equipped to handle the crimes alleged in Dunn's post—repeated rape—are the police. If Middlebury really is infested with serial rapists (a claim that seems dubious, given how thoroughly the campus serial predator theory has been debunked), they need to be held accountable under the criminal justice system.

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111 responses to “Middlebury Activist Who Published List of Alleged Rapists May Have Violated Title IX

  1. ” I could really give a fuck about protecting the privacy of abusers.”

    Doesn’t mean what she thinks it means. I hope she isn’t an English major.

    1. I could care less.

      1. “That means you do care / At least a little” — “Weird Al” Yankovic, Word Crimes

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    2. She’s talks purty though.

    3. I mean she could care. But hasn’t stated whether she does or not. I’d interpret that she does not care.

    4. Then publishing the names of accusers is fair game.

      1. soo would a crack across the chops with a 5 pound halibut be commensurate with the “crime”?

        1. Something fishy about that crime.

        2. 5 lb halibut was my nickname in yoga class.

      2. Indeed. But this, “Perhaps Dunn shouldn’t be levelling unproven allegations against other students, but she does have a First Amendment right to speak her mind, however wrong her views might be” is a bit misguided.

        It probably even qualifies as libel per se, to the extent they are accusations that those listed committed crimes. So if any would take the time to file suit, presupposing Dunn cannot prove her accusations, those so accused would not even have to show actual damages.

        It would be fun to see a SJW sued 30 times by different plaintiffs for writing one hit piece. Even if damages were only $50,000 a pop, she’d be jacked up to well over $1 million.

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  2. Dunn has a right to speak her mind.

    So did McCarthy with his list.

    That does not mean you are violating someone’s privacy and reputation by doing so.

    1. “…you are not…”

    2. On one hand, unlike McCarthy, she actually revealed her list.

      On the other, McCarthy actually got folks fired.

      1. And her list might get people hounded out of school or attacked, so there’s that.

        (I mean, if they’re actually rapists, the first one doesn’t bother me, and the second one only as a “rule of law” matter.

        But I … have my doubts, let us say, about the thoroughness of the investigation and judgment of her claims, eh?

        Hell, it’s not even obvious that the “names” that are redacted are full names. If they’re not, well, hey, anyone’s guess who the “serial rapist” with that first name is, right?

        And lastly, “emotionally manipulative” is on that list? Weak sauce – and equally, by her own lights, might well be a mental illness on the “perp’s” part, that she’s stigmatizing. Irony.)

      2. Give it time and hers may too.

    3. Mickey Ray, Dunn certainly has the right to speak her mind, in that, the government will not arrest and prosecute her for doing so. However, that doesn’t mean that she won’t face consequences, such as being sued or kicked out of school for slandering other students. Both the accuser and the accused have rights – that’s why there are formal processes for resolving these issues.

  3. Who knew that a rather vaguely worded piece of legislation would be broadly interpreted for maximum effect?

    It is a total surprise to everybody, I am certain.

    1. It’s not like that has ever happened before.

  4. She has every right to make an accusation, but she’d better be able to prove her allegations.

    -jcr

    1. …”feel free to DM me more names to add to this status because I could really give a fuck about protecting the privacy of abusers.”

      I’m thinking not.

    2. Exactly, JCR.

  5. “A student in theory could be…sued for defamation if a false accusation cropped up in a Google search for one of the men and he was prevented from receiving a scholarship or job opportunity.”

    Help me out here – isn’t falsely accusing someone of a crime automatically considered defamatory?

    The student with this list ought to hope that all her accusations are true.

    1. I think Robby’s point is that of course she could be subject to a libel or defamation claim, but that it’s weird that Title IX (which is supposed to guide the actions of universities and other institutions of learning) would be used in such a manner.

      1. False accusations of sexual misconduct are the mirror image of (true) sexual assault.

        1. And may breed more sexual assault, given the prison system.

    2. Yes. In most states, falsely accusing someone of criminal conduct is defamation per se.

      1. This is rape as it occurs on a college campus. it’s not a crime. If it were a crime there would be real police involved with actual criminal proceedings and district attorneys and shit. NOT campus ombudsmen.

        This is the great travesty of of Title IX, it turned a horrendous crime into a a mere administrative procedure.

        1. Hear, hear. A real crime turned into a political football.

    3. Do you honestly think she would receive any sort of punishment for her actions. They could could have ironclad evidence against an allegation from her list and it will never see the inside of a courtroom.

  6. Middlebury Activist Who Published List of Alleged Rapists May Have Violated Title IX
    “I could really give a fuck about protecting the privacy of abusers.”

    These are the woke people we want in charge.

  7. Perhaps Dunn shouldn’t be levelling unproven allegations against other students

    “Perhaps”?

    1. also, its not a matter of “unproven”.

      The term is “unsubstantiated”. a individual citizen can’t “prove” anything. a court would do that. but if you make criminal allegations, you need a reasonable basis to believe they are true.

  8. She has a right to speak her mind if her claims are true, if not, not.

    Wait, I forgot Middlebury is a private institution which doesn’t have to observe the 1st Amendment.

    1. She has the right to speak her mind. If her claims aren’t true, she may be punished for doing so. There is no “you don’t have the right to speak your mind” rule.

      1. She has the right to speak her mind, it’s true.

        But regardless of whether her claims are true, a private institution is free to punish her for doing so.

        1. she could also be subject to libel/defamation, and criminal charges of making false allegations depending on the state law.

        2. Not sure why you felt the need to restate what I posted.

          1. I removed the “if her claims are false” part. The school can choose to punish her even if her claims are true.

  9. “So, you’re saying that if he weigh’s as much as a duck…he’s a rapist?”

    1. When everyone has been accused of sexual misconduct, no one has been.

      1. *Every man

  10. This hero will go unpunished. Any harm that befalls her would summon up a twitter army stronger than an Orcish horde.

    1. and likely very closely resembling them in facial appearances

      1. And body type.

        1. And hygiene

  11. Publishing a list like this without a criminal case behind it is grounds for a slander case, pure and simple. It’s an irresponsible use of one’s right to speech. Government is prevented from taking action against her, but individuals certainly are not.

    1. The writers here seem to find the concept of slander and libel objectionable.

    2. Good luck finding a lawyer who will take the case. Bring lots of money, Dunn has none so no lawyer will work on contingency.

      1. And Dunn will have lawyers lining up to defend her Pro Bono.

  12. No worries-this young lady will have a bright future ahead of her as a Title IX enforcement officer/gender outreach dean/womyn’s studies prof.

    1. Doubt it. The pendulum swings on everything.

      1. Pendulum swings was my nickname in gym class

    2. You mean “a bright future as a streetwalker in Mogadishu.”

      1. even they won’t have her…

  13. “I would like to buy you a drink, or a few drinks, chat with you a bit in the hopes that you will find me interesting and attractive enough that you will agree to some making out which, in turn, might lead to some serious fucking – me, because I really want to fuck you, you because you think (wrongly) that by agreeing to fuck I might possibly remain interested in you long enough for our momentary encounter to develop into a more meaningful relationship. Is this agreeable to you?”

    “Certainly, as long as you agree that taking advantage of my tendency toward hopefulness constitutes rape and that therefore the mere act of offering to buy me a drink already makes you an attempted rapist.”

    “That is agreeable, as long as likewise you admit that your attempt to entice me into offering to buy you a drink in the hopes that I might thereby entice you into fucking and thereby be trapped between the alternatives of offering you a longer-term relationship or a rape charge makes you a filthy dirty whore.”

    1. I mean, really, in this day and age how do we all not know that young men are willing to trade love (or the promise of love) for sex and young women are willing to trade sex (or the promise of sex) for love? If a man tricks a woman into giving up the sex without the reciprocal love, that’s rape – but what is it when a woman tricks a man into giving up the love without the reciprocal sex? Besides hilarious for all his buddies, I mean. Can men start suing and filing criminal charges for some sort of unfair trade practice?

      1. What is it when a woman tricks a man into giving up the love without the reciprocal sex

        Marriage?

        1. Zing!

    2. That’s funny as hell, Jerryskids. Seriously, I have a son off at college – I told him that he’s better off looking for girls to date away from campus. All college campuses seemingly have become anti-male havens.

    1. To the other commenters, Tony showed you up here.

      1. Don’t you mean Tony showed you his cunt?

    2. Jack McCall: [While playing poker] Well, that’s one in a row for you, Wild Bill. Who’s hungry? What in the hell damn time is it anyway?
      Wild Bill: Sure you wanna quit playin’, Jack? The game’s all that’s between you and gettin’ called a cunt.
      Tom Nuttall: Ah, meeting adjourned, fellas. Take it outside.
      Wild Bill: That drooped eye of yours looks like the hood of a cunt to me, Jack. When you talk, your mouth looks like a cunt moving.
      Jack McCall: I ain’t gonna get in no gunfight with you, Hickock.
      Wild Bill: But you will run your cunt mouth at me. And I will take it to play poker.

    3. Hmm… *checks list for Tony’s Name*

  14. Narratives, voices, stories… I’m so sick of hearing these goddamn words.

    1. Well, that’s your truth.

    2. “trauma” is the one that gets me. I’d love it if people could stop saying that, unless they work in the ER.

      1. At some point, many people seem to have mixed up the words ‘trauma’ and ‘drama.’

    3. I’m bloody sick and tired of people proclaiming loudly and repeatedly how they aren’t being heard.

      We heard you the first time, you fucking cunt, we’re just ignoring you because you’re a bloody idiot.

  15. I thought Title IX was all about making sure colleges have women’s sports teams as well as men’s. What the hell happened to it???

    1. It dramatically went downhill when dancing and cheerleading were defined as “not sports”.

      1. I didn’t know that happened. Cheerleaders are pretty adamant about being a sport, but it does seem pretty obvious that they are not treated as such by the schools; they do not occupy that role.

        1. Meanwhile they have one of the highest rates of injury.

          They have judged competitions. It is as much a sport as diving.

          1. Well, it’s social engineering. They have to match directly competitive male team-sports. (I agree that dancing and cheerleading are sports. And that Title IX is largely ridiculous.)

    2. The Obama Administration decided to weaponize it, just like they did the IRS.

  16. “It’s worrisome that a Title IX compliance expert thinks the law requires colleges to interpret the “hostile environment” prohibition this broadly.”

    No, it’s not. Do you seriously hold the effects of (false/unproved) widely public accusations of rape etc. can’t create a hostile environment? That’s hilarious. Look up what counts as “severe”, and compare.
    (Also, would it be fine to publish lists of women to avoid? Let’s say lists alleging they are false accusers, emotional manipulators, etc.) – Related, should existing preponderance standards only be applied in determining whether assault did occur, not in whether and allegation was false?

    1. P.S.: What was your position regarding Mattress Girl?

      1. Doggy style.

        1. Shut up, Meg.

    2. Would it be bad to publish a list of women not to avoid?

      1. Clever. (Which naturally means I had that thought too.)

        Yeah, I see no stopping point. Positive discrimination implies negative discrimination. Any preference in associating means exclusion (“less” inclusion) of others. So Harvard would certainly find this a violation of Title IX.

  17. Ironically, it’s that student, Elizabeth Dunn, who could be in trouble.

    I’m pretty sure that’s not irony.

  18. . . . she does have a First Amendment right to speak her mind, however wrong her views might be.

    Yeah, except for the whole slander/libel thing.

    The *point* of keeping the identities of the accused secret is that it allows them to conduct an investigation into a very inflamatory charge and one that ruins reputations like no other – seriously, a person will be better off with a murder charge hanging over their head than a rape charge – and, if the investigation comes up empty, to complete it with a minimum of damage to the accused.

    1. How many other crimes do we have where it’s acceptable to treat the accusation as a secret? Sure, we’ll slap “alleged” in front of the crime, but you still know it was Timmy that broke into the liquor store while high as fuck.

      This is basically the same excuse given for redacting the name of police officers that shoot someone in the back while they’re restrained o on the ground.

      1. Oh, but this is noble “rape shield” stuff. Have the accused person’s name revealed and published in media, withhold that of the accuser. Create leverage. Disregard neutral principles. Claim it’s to enable and encourage others to come forward and provide evidence supporting the accuser. Ignore that others may provide evidence in favor of the accused, knowing the accuser’s name. Babble something about “rape myths”. (Rape Myth Acceptance Scale and Ambivalent Sexism Inventory are remarkably ideological and counter-factual. As apparently all “justice”-motivated treatments of stereotypes, which categorically deceive about stereotype accuracy. “Myth” apparently means undesired. It’s the inverted naturalistic fallacy. Ought shall be is. Such noble lying.)

        1. Yeah, that’s shit too.

          Air it all out.

      2. How many other crimes do we have where it’s acceptable to treat the accusation as a secret?

        I had no idea that Bill Cosby’s name was being kept secret all this time.

        1. And under Ag’s logic, it *would* have been kept secret.

      3. These things haven’t risen to the level of ‘crime’ yet – these are people going through the *university’s* system. The vast majority of them haven’t been accused of a crime in the actual criminal justice system.

        That’s a big difference.

        There’s a strong need for every part of the CJS to be as transparent as possible – even at the expense of the reputations of the innocent swept up. This is basically a private eye investigation – only with half-trained nitwits with their own political agendas. Those that even these witchhunters can’t find enough evidence to pin a crime on deserve to be let free without stigma. Those innocents who can’t pass the trial-by-ordeal can still force the issue into the CJS if necessary.

        Robbie is right in that the author certainly has a 1st amendment right to say anything – but when you start publishing uncorroborated gossip about people there’s certainly *some* grounds for civil action.

        1. Right. So a woman can’t talk on Facebook about being raped without a police report in hand. Can she talk about it to her friends? Or is that banned to because they might treat the guy like a rapist? Can she talk about it to her therapist? Is she allowed to talk about it to her doctor? Her priest? Her family? The taxi driver a she’s in the way to any of the above?

          And what if she tells the cops and they decide to to prosecute? Does that mean she had to wait for the statute of limitations to expire before she’s *allowed* to talk about it? Or is she gagged for life on the topic?

          And if she tells someone that then tells someone else, is she still liable? C’mon, how far does this go?

          You want to censor a woman from talking about what’s happened to her. So lay it all out.

  19. rape, racism, and emotional abuse

    the first is a felony crime.
    the latter things are basically ‘differences of opinion’.

    1. “Treats women like shit”

  20. I think calling someone a rapist on Facebook counts as a hostile act.

  21. Fuck title IX. They should all sue her ass.

  22. The State of Vermont no doubt allows a private person to sue for defamation. All of these individuals therefore can sue the woman who wrote this if under state law they can prove she made a false statement about them. Calling someone a rapist is per se defamatory, so the case would involve whether the statement is true or not. If they want to put themselves through that, they certainly can. We don’t need Title IX to encompass this kind of stuff. Of course, she clearly should be thrown out of school for this. Imagine what would have happened to a guy if he had published a list of women whom he believed were promiscuous. He would not have lasted a week.

    1. I believe anyone who *distributes* the list would be on the hook for slander as well.

  23. The irony is that this grade A shitbird is worried, not that she’s a reprehensible piece of shit, but that being caught out doing this may have ruined her chances at, drumroll, law school. A lot to be said for lex talionis.

  24. Ironically, it’s that student, Elizabeth Dunn, who could be in trouble. The list may violate the sexual misconduct reporting procedures required by the college under Title IX,

    She ought to be in trouble for defamation of character; hopefully, she’ll be sued into perpetual poverty over it if even one of her accusations is wrong.

  25. If snow be white, why then her breasts are Dunn;
    If hairs be wires, black wires grow on her head.

  26. “Ironically, it’s that student, Elizabeth Dunn, who could be in trouble. The list may violate the sexual misconduct reporting procedures”

    Also probably qualifies as libel, and statements like
    “I could really give a f**k about protecting the privacy of abusers.”

    Will really help the plaintiffs.

    She can change her name to Ms. Done. She’ll be declaring bankruptcy in a few years.

  27. One way to convince SJWs of the importance of due process is to accuse them of sex crimes they did not commit. They’ll come around real fast.

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  29. The remedy would be for all who are named to sue her for defamation.

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  31. Why is it “ironic” that the student should be in trouble for publishing a list of “alleged” rapists? She should be in trouble.

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