Title IX

Keith Mumphery, MSU Athlete Cleared of Rape but Expelled Anyway, Tells His Story

The unfair Title IX investigation gets attention from Fox News and The New York Times.


Screenshot via Fox News

Earlier this week, I wrote about the sad ordeal of Keith Mumphery, who was booted from the NFL after news broke that he had been expelled from Michigan State University for sexually assaulting a female student. The university made that determination without Mumphery's knowledge. The athlete, a graduate of MSU, had no idea he was under investigation, since administrators' emails bounced back.

This was MSU's second investigation into Mumphery's behavior. He was cleared the first time, but his accuser appealed that decision—an option available to her under Obama-era Education Department rules relating to Title IX, the federal statute mandating gender equality on campus. Given that the expulsion prematurely ended Mumphery's NFL career and MSU apparently failed to notify him of the retrial or its outcome, he has a strong case that the university, which he is suing, violated his due process rights.

Mumphery's case has received additional media attention in recent days from The New York Times and Fox News. Times sports columnist Michael Powell highlights additional details about Mumphery's difficult life and upbringing that make what happened to him seem even more tragic:

In more personal terms, Mumphery offers a pretty good personification of what happens when a jury-rigged system breaks down. He runs through the streets of his hometown each morning, pulling an iron sled to stay in shape. His mother was poor, and when the family ran out of water, he and his siblings filled buckets with it at the gas station and toted them home.

His mother lives in a trailer. He amassed excellent grades and excelled in sports. None of this inoculates him against the terrible vagaries of human nature. I can't say what happened in that dorm room on that early evening in March 2015.

I know only this. A prosecutor decided not to bring charges, and a university investigation found Mumphery was not responsible. The only investigation that found him guilty did so apparently without his knowledge and without his offering a defense.

That's not a good definition of liberty.

Last night Mumphery and his attorney, Andrew Miltenberg, were interviewed on Fox News Channel's The Story With Martha MacCallum. Here's the clip.

It's great to see this obvious miscarriage of justice getting the attention it deserves. Mumphery's situation is a perfect example of the damage caused by Obama-era Title IX dictates and reinforces the argument that Education Secretary Betsy DeVos was right to rescind the overzealous guidance.

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  1. Let’s not forget that at the same time Michigan State was railroading this kid and ruining his life, they were covering up for a physician in their employment who had abused hundreds of young female athletes for decades. MSU is all about stopping the scourge of sexual assault unless the person doing it is an employee, in which case they will have free reign to molest as many girls as they like for as long as the university can cover it up.

    1. And our tax dollars were paying for all of it. Whether you live in Michigan or not, your tax dollars were subsidizing a criminal conspiracy known as Michigan State University.

      Also, their football team is overrated

      1. 500 million.

    2. I’m told Izzo is strongly considering leaving MSU and going to the NBA over that fiasco.

      1. Why would he want to go to the NBA and make millions when he can just stay at Rapey State and make them millions? It just doesn’t make sense

  2. [squints]

    There must be somewhere in this article that Robby worded a particular phrase in a way that I can complain about.

    1. Soave flake

    2. Chipper Morning Baculum is a new member of Reason’s cucky, faux libertarian proggie virtue signaling club.

      1. You realize you’re virtue signaling right now?

    3. If Mumphrey grew up living the easy life with running water and terrible grades, it would’ve been OK or at least understandable that the unnamed victim would falsely accuse him of rape seems like a terrible notion for them to phrase.

      Don’t blame me, I didn’t create the ideas, I’m just parroting them.

      Also, in the vein of behavioral mimicry; we’re still naming the victim rather openly and blatantly while defending the honor chastity virtue reputation identity of the “victim” who, evidence would suggest, actively instigated and pursued the issue until it became a problem.

  3. I find the inclusion of the tearful Times part of the story unnecessary.

    A tough upbringing doesn’t add jack shit to Mr. Mumphery being denied his due rights in this case.

    1. …as mad.casual pointed out 5 minutes before me above.

  4. I’m surprised how universally outrage the top comments are on the NY Times. Nearlly every single one of them is calling for Universities to stop handling these cases, and to leave this stuff to the police and courts with actually civil liberties protections. It’s quite a tide change from a couple years ago, where the comments in these types cases would be dominated by people saying that being kicked out of school doesn’t ruin your life so it’s perfectly okay for a kangaroo court to decide.

    1. It’s quite a tide change from a couple years ago, where the comments in these types cases would be dominated by people saying that being kicked out of school doesn’t ruin your life so it’s perfectly okay for a kangaroo court to decide.

      We can consider it a tide change when the NYT criticizes a similar or even worse fact pattern against a white frat member. Until then they’re playing from the same victim hierarchy deck they’ve been using for 40 years.

  5. So… which nfl team will pick him up?

  6. This is the sort of thing, I believe, that has helped hugely to create this:

    “Republicans don’t have near as big a woman problem as Democrats have a man problem.” -Wall Street Journal

    And this:

    “The whole Democratic Party is now a smoking pile of rubble. In state government things are worse, if anything. The GOP now controls a historical record number of governors’ mansions, including a majority of New England governorships. Tuesday’s election swapped around a few state legislative houses but left Democrats controlling a distinct minority. The same story applies further down ballot, where most elected attorneys general, insurance commissioners, secretaries of state, and so forth are Republicans.”

    And this:

    “For the first time in the past year, Republicans are leading Democrats. And this isn’t 0.003 percent or something, but a whopping 6.2 percent.” -May 22, 2018

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