Title IX

Matt Boermeester, a USC Football Player Who Was Expelled After an Unfair Title IX Investigation, Wins in Court

"USC stripped away my hopes and dreams of playing in the NFL, and this ‘win' does not erase that."

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The 2017 expulsion of former University of Southern California (USC) football player Matt Boermeester for intimate partner violence was so blatantly unfair that Education Secretary Betsy DeVos cited the case as an argument for revising federal guidance on campus sexual assault adjudication. (DeVos's new rules, which restore some due process protections to students accused of misconduct, will take effect in the fall.)

After three years, Boermeester has won an: an appeals court reversed his utterly unjust expulsion in a ruling last week.

"The California Court of Appeal's decision, finding that USC violated Matt Boermeester's right to basic fairness, is a great initial victory," said Andrew Miltenberg, an attorney for Boermeester, in a statement. "We will not rest until Matt Boermeester's name is cleared and USC answers for their blatant misconduct."

Boermeester is also pursuing a federal lawsuit against USC alleging breach of contract, infliction of emotional distress, negligence, and selective enforcement of Title IX, the federal law that prohibits sex-based discrimination in education and compels schools to investigate sexual misconduct.

"After having three years of my life derailed, I'm gratified that the California Court of Appeals finally reversed my expulsion based on USC's wrongful, male-biased, witch hunt brought against me," said Boermeester in a statement. "Make no mistake, USC stripped away my educational opportunities and hopes and dreams of playing in the NFL, and this 'win' does not erase that."

Boermeester does not exaggerate the failings of the process by which he was deemed responsible for sexual misconduct. The underlying incident involved some public roughhousing between Boermeester and his girlfriend, Zoe Katz. A neighbor saw the interaction, thought it was a fight, and informed a USC coach who then reported it to the Title IX office. USC then initiated an investigation despite the protestations of the alleged victim—Katz—who maintained that she had "never been abused, assaulted, or otherwise mistreated by Matt." Katz told the Title IX officials in no uncertain terms that the investigation was baseless: In response, they wrote her off as a battered woman who was too afraid to tell the truth about her abuser.

Boermeester wasn't given the opportunity to defend himself—USC deemed him guilty without so much as a hearing. He lost his position on the football team and was expelled.

In arguments before the appeals court, USC's lawyers attempted to argue that their only piece of evidence—grainy security camera footage that purports to show Boermeester placing his hands on Katz—was so compelling that Title IX officials had been justified in reaching a guilty verdict, despite the procedural inadequacies. The judges wisely rejected this absurd reasoning.

"The case will now be remanded to the superior court, with instructions to 'afford Boermeester the opportunity to directly or indirectly cross-examine witnesses at an in-person hearing,'" according to the Los Angeles Times.

Boermeester was a promising athlete whose professional aspirations were completely destroyed by a pernicious Title IX investigation. There was no victim in this case, except for Boermeester himself. All proponents of basic fairness should wish him luck with the federal lawsuit.

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  1. Sounds like a future Kavanaugh in the making…

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    2. You think this kid might end up on SCOTUS?

      1. More likely it will be the dingbat USC administrator who made the absolutely contemptible, totally unjust ruling. She’ll fit right in.

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  2. USC violated Matt Boermeester’s right to basic fairness

    TBH, I had no idea that we all posses such a right.

    1. It’s a private school, they can ban/censor/expel whomever they want

      1. Not if they take federal money they can’t.

        Also, they have to adhere to their own stated procedures. I don’t know what the disciplinary procedures they outline are, but I’m guessing this violated them.

        1. Exactly. He (or someone) paid them money to let him attend. Every university publishes their code of conduct and what happens if they think you’ve violated it. It’s basically a contract between them and their students. If USC violated that then he has a case.

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      2. Also, if they unfairly fired an employee while demonstrating bias, they would be in the exact same world of shit. By paying the school for education, Boermeester had a contract that was violated.

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      3. The US Constitution still applies, in theory.

        1. The US Constitution applies, in theory if you’re lucky.

          1. And you aren’t standing before a leftist judge that routinely takes dumps on the Constitution.

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      4. But by expelling him for being a sex offender, they have slandered him and made it a lot less likely any other D1 school would take him

      5. But “bake that cake” you bigot.

  3. I hope he can sue USC for potential lost NFL income, even if that involves a lot of guesswork and dueling expert opinions on his capabilities. That kind of money might get some college administrators’ attention.

    I remember the reports when it came out, the absolutely mindlessness of arguing that the girlfriend had no agency and her testimony was worthless; whatever happened to #BelieveTheVictim? And to not even have a hearing! You’d think that alone would trigger some brain cells, and maybe awaken some kind of thought process involving calling the police.

    1. Have financial losses stopped corporations from embracing woke ideology?

      1. Like every thing else, the magnitude matters.

        1. >Gillette cut by $8B loss after ‘toxic masculinity’ ad
          They seem pretty committed given the magnitude of losses.

          1. now all their adds are all pro-men, pro-father, etc, as if people don’t have a memory. Still won’t ever be buying from them.

            It’s like if polygon all of a sudden decided they love gamers, as if they weren’t calling them all toxic sexist racist pieces of shit 5 minutes ago

            1. The humble safety razor suits most people. Who needs 6 blades and 2 gel patches? Better for the environment too since you avoid so much plastic waste.

              1. Man has made an excellent invention, called electricity.

                1. The KosherSwitch doesn’t come with a ground fault interrupter.

              2. “Better for the environment too since you avoid so much plastic waste.”

                Cite missing.

                1. In the aggregate, plastic waste is an issue when not disposed of correctly (e.g. China and India throwing waste into the rivers & oceans). Why do libertarians think single use plastics are not wasteful?

                  1. “Why do libertarians think single use plastics are not wasteful?”

                    Because “waste” is but one variable in the lot; libertarians tend to think.

                  2. 99 percent of the plastic in the ocean comes from five countries in the Far East. Go complain at them.

      2. They haven’t embraced wokeness! Hah!

        Amazon Prime is busy showing Black movies as part of its wokeness. Half of what they are showing under the category is Blaxploitation. WTF?

        1. I saw that “Car Wash” was on last night (I forget what channel) and I had the same thought; they’re showing “black” movies that they know nothing about.

    2. “I hope he can sue USC for potential lost NFL income, even if that involves a lot of guesswork and dueling expert opinions on his capabilities. That kind of money might get some college administrators’ attention”

      Yet twitfaceoogle should be protected from being sued for the exact same actions…

      1. No, social media companies should be protected because they are not the ones making the decisions. If you say something stupid or even illegal on twitter, you are responsible.

        Now, I will concede that twitter, facebook and google started making this a lot muddier when they decided to try moderating content. They should be held to account for their decisions about moderating. But that’s different from holding them to account for your speech.

        1. If a newspaper can be held responsible for speech they chose to publish, then the social media companies need to make a choice. Do they want to edit, or do they want protection because they don’t.

          Like most people, of course, they want things both ways that benefit them. That doesn’t mean they should be allowed to have it.

    3. The kid was a juco-transfer place kicker; playing in the NFL was probably always going to be a pipe-dream.

      Though I do think USC should be liable for a substantial amount of financial recompense regardless of his future pro football prospects.

      1. He was the starting kicker for USC. Kicked three field goals in the rose bowl including the game winning 49 yarder as time expired to win 52-49. In his first full year as a starter.

        That said. He was #7 in accuracy in pac 12 for 2016. So any nfl value would rely on him getting better with more experience.

        1. “That said. He was #7 in accuracy in pac 12 for 2016.”

          And…we’re done here. Unless he had ungodly distance on his kickoffs.

          Making the NFL is hard.

        2. Yeah, he wasn’t exactly a slouch, but 72% FG average isn’t going to get a guy too many camp/workout invites. Add to that, kickers just aren’t in that high of demand relative to other positions. Most teams have one or maybe two place kickers, and average career length for kickers in the nfl is higher than most other positions.

          1. If he was good enough for a real shot, another college would have grabbed him. I think he had two years of eligibility left.

            1. “If he was good enough for a real shot, another college would have grabbed him”

              Not with a sexual assault on his record. No one would take the risk.

          2. Many teams were scrambling for even semi accurate place kickers last season. It seems to be a position that is in short supply right now.

            1. It’s always a position in short supply, as teams gleefully cut kickers going through a bad patch. And yet, they usually hire another retread kicker.

              7th in the Pac 12 is not a good omen for his chances of making it in the League. Still, stranger things have happened, and certainly what USC did to him was wrong.

            2. 72% in college doesn’t translate to semi accurate in the NFL. For reference, Matthew McCrane kicked for K-State from 2014-2017 and finished 7th in NCAA history with a career average 86.4 FG percentage (single season percentages of: 94.7, 100, 78.6, 80.8). He had pretty decent range as well. McCrane played for three different NFL teams in 2018 as an undrafted free agent. He was cut in May 2019 and played XFL last year. NFL kickers are good… really good.

              1. Exactly.

                And coaches and GM’s treat them like commodity goods. They’ll happily fire the kicker and bring in a new one right before the playoffs. There are a few great kickers.. and then there are hundreds of really, really good kickers.

                Strangely, long snappers seem to be in short supply. Guys who only do long snapping have long NFL careers. It seems odd to me. You’d think pretty much any lineman could learn to be a good long snapper.

            3. It also may not pay a lot per annum, but kickers tend to long careers and healthy lives after FB.

      2. I think the idiots who condemned him AGAINST HIS GIRLFRIEND’S TESTIMONY, should be tarred and feathered. There’s unfair and then there’s “he’s a football player, let’s lynch him”.

        Were I a USC alumnus, I would be organizing a boycott of future donations until such time as every one of the staff involved in this travesty was terminated.

    4. They were both varsity athletes — she was tennis — they probably played a lot rougher than most people, and as it was boyfriend/girlfriend, it probably had sexual overtones too.

      BUT….

      And Zoe Katz should be suing USC as well….

    5. The key tenet of Title IX (as implemented) is requiring whatever is necessary to justify the conclusion the craziest feminist in the room wants. It’s the magic statute.

      One of the first public cases after the Dear Colleague letter came out and colleges were giddy with this long desired power was against Drew Sterrett at Michigan. In that court case that followed the complainant admitted she never made the statement the Title IX investigator, Heather Cowan, used as “proof” Sterrett did not have consent. Cowan simply made it up. For her success implementing the program as desired by senior administrators Cowan was later hired as the Title IX Director at New Mexico.

      In many other cases investigators simply ignore exculpatory evidence. When challenged on this point in court they have claimed they do not have a responsibility to examine all evidence or provide it to the accused. The uniformity of implementation shows the program functioned as planned. The program was designed and implemented to ensure the conclusion feminists wanted.

  4. It’s only a matter of time before the people who thought this was a valid process will be pushing for this approach outside of campus too.

    We are one step removed from an american version of the Cultural Revolution. Struggle sessions and wrong think are already front and center, just minus the bullet to the back of the head and reeducation camps.

    But these people will not stop until they get a real full-fledged cultural revolution.

    1. “We are one step removed from an american version of the Cultural Revolution.”

      No, we are in the middle of it

    2. >a matter of time
      Try any HR department in corporate America. Better to cut an employee loose for the slightest hint of wrong think than have a hundred articles about how some company is defending and continuing to employ a “bigot”.

      1. I posted this the other day. It is definitely like this in Tech Companies today.

        They hired a bunch of diversity czars who setup diversity panels all over the companies. What this basically did was organize all of the activists in the company. These people are vehement about their race/sexual preference/gender/etc. And they have now taught each other how to file complaints on workers and leaders, as well as how to generate a shit storm on twitter.

        The net result is that our offices now have an analog of the Communist Party Officer who used to accompany military units everywhere in the Soviet Union. Everyone in management is afraid to cross them. Instead of a gulag, they will be fired and their career ruined.

        1. Google has now cracked down on “The Federalist” website by refusing to provide them any revenues from Google Ads. I guess the libertarian solution is to make your own Internet search engine and advertisement platform. Until you reach critical mass, Google will continue to receive contracts from the US government.
          #LibertarianMoment

          1. use duckduckgo and quit asking for the government to control search engines.

            1. Which doesn’t solve the ad network problem.

              Google is by far the largest ad network.

              The biggest are Google, Facebook, Apple, Yahoo… see the trend?

              If you want to reach customers, you place ads with the biggest networks. So they get the best ads and the best rates. That’s where you want to be as a publisher too. And all of the best networks are part of the woke crowd… because the woke specifically targeted those companies… because they were the biggest.

              Of course, there are loads of others. Reason has used the execrable Taboola in the past, but seem to have switched to RevContent for the same clickbait service.

              An aside – it certainly takes a lot to run a website. This page is currently showing 115 items blocked by adblock. I try to keep Reason whitelisted, but there are so many ads and trackers on the page that when I use my netbook I have to use adblock. The pages don’t work very well at all on an underpowered device unless you use adblock.

        2. Instead of a gulag, they will be fired and their career ruined.

          they wish they had a gulag though, and they will push for one if they think the time is right. they are the most dangerous element in america today, worse even than cops.

  5. We think we’re going to reform the police and we can’t even get someone to notice a pack of insane Title IX investigators.

    1. Actually, the reform of the police that’s being proposed, is we replace the police with Title IX investigators.

      1. Funny.
        And terrifying

      2. Exactly. “Defund” just means “replace with ideologically appropriate thugs”

        What progressive state exists without a fear-inducing police apparatus?

        The problem with the current police isn’t that they are thugs, it’s that they are not the left’s thugs.

  6. very few people can lay claim to a future NFL career.

    1. I got what it takes. Coach should have put me in during third quarter!

      1. was unaware Hebrew Union fielded a team.

  7. Well, if Betsy DeVos and Robby Soave are ready to forget the ‘public roughhousing,’ who is mainstream America to disagree?

    And anyone who figures this episode cost this guy an NFL career must be a dedicated student of . . . . beer pong, tiddlywinks, and pick-up sticks, maybe?

    1. Great to hear from the Chief Executive Asshole of Libertarians for the Kafkaesque Kangaroo Kourts

    2. keep on clingin, gecko.

    3. Who is Katz to refute she wasn’t battered?

      1. Of course they couldn’t let a woman speak up regarding such an important matter. A man’s college career was at stake here!

        1. As was hers — USC went after her, too.

    4. Waiting on all the so called libertarians who run to Reason’s defense anytime someone from the right criticizes Reason’s take to do the same for The Rev.

      1. The Rev is an obvious troll who deserves nothing more than to be ignored.

  8. We may not be on the best timeline, but damn is it funny sometimes.

    Biden to George Floyd’s daughter Gianna via video message: “You are so brave… I know you have a lot of questions, honey. No child should have to ask questions that too many black children have had to ask for generations — why, why is Daddy gone?”

    https://cbsn.ws/37dvg6Y

    1. Given the number of black children born out of wedlock, there probably aren’t many asking that.

  9. So you can’t touch your girlfriend? Schools shouldn’t have anything to do with any if this. If you’re sexually assaulted call the cops. If a person is arrested they are suspended. If they are convicted they are expelled.

    1. USC shouldn’t have been involved anyway, since the non-incident happened at Katz’s home.

      1. Well then, how did the university get the security camera footage?
        Had to have been “taken outside” at some point.

        1. Nowhere does it say that they had footage of the event. They had security camera footage that “purports to show him putting his hands on her”. No claim was made that they saw the event.

          From the original <a href="https://www.latimes.com/sports/usc/la-sp-matt-boermeester-removed-unfairly-girlfriend-says-20170730-story.html?_amp=true"LA Times article: The Title IX investigation began, Steigerwalt said, after a neighbor witnessed Boermeester and Katz roughhousing. The neighbor told his roommate, who told a coach in USC’s athletic department that Boermeester was abusing Katz. The coach then reported the incident to the Title IX office.

          1. From this article: In arguments before the appeals court, USC’s lawyers attempted to argue that their only piece of evidence—grainy security camera footage that purports to show Boermeester placing his hands on Katz—was so compelling that Title IX officials had been justified in reaching a guilty verdict, despite the procedural inadequacies. The judges wisely rejected this absurd reasoning.

            I presume the reporting that USC actually tried this is accurate. OK, “presume” may be too strong. I hope it is. 😉

            1. It probably is accurate. But it doesn’t show the event at Katz’s home. It probably shows footage captured on USCs campus that shows he “placed his hands” on her.

          2. The roommate is the douchebag here. Coaches were mandatory reporters at this time (thanks Biden), but thankfully are not anymore.

            1. A coach has to report something somebody TELLS him (that he didn’t see himself)?

              1. Not anymore, but before DeVos rescinded the Obama administration “guidance,” yes. Making coaches mandatory reporters was part of it.

    2. Yes, but the legal system has too high a threshold for guilt. That’s why we need to defund the police.

    3. What are all these make-work administrators with advanced grievance studies degrees supposed to do all day? Twiddle their thumbs? Not create kangaroo courts designed to circumvent the justice system on criminal matters just to give them an outlet for their righteous finger waging? I think you’re being unreasonable.

      1. With all these protests that result in piles of burned out garbage, there are many openings in the sanitation departments.
        Just a suggestion from the conversations I have with the “guaranteed job” crowd. Their minds change a bit (after the deer in the headlights look) when I ask if they would accept an assignment as garbage man or coal miner.

    4. So you can’t touch your girlfriend?

      No. Per the SCOTUS decision yesterday, you can’t touch a person that someone else of the opposite sex, or opposite sex but same gender, or opposite gender but same sex would touch.

      If a person is arrested they are can be suspended. If they are convicted they are can be expelled.

      FIFY, and I’m hesitant to agree with that. Otherwise, a protracted trial can be effectively identical to an expulsion and the state (or the University) can effect expulsion of people who’ve committed no crime.

      1. Agree on the suspension. I think an arrest should result in a student having to explain themselves to administrators and the next step depends on exactly what happened. Arrested for DUI? Maybe you can’t drive or park on campus until it’s resolved. Arrested for aggravated assault? Maybe then suspension is appropriate. We actually need administrators using more common sense and discretion in addressing individual cases. Having one size fits all punishments that admins can dish out without thinking is how we got where we are now.

  10. “The underlying incident involved some public roughhousing between Boermeester and his girlfriend, Zoe Katz. A neighbor saw the interaction, though it was a fight, and informed a USC coach who then reported it to the Title IX office.

    I saw an obvious typo in the article, and it wouldn’t surprise me if the bolded fragment above contained another one. I suspect it should read, “though it was [NOT] a fight”. Unless there’s a “not” in there, there is no clear reason for the word “though”.

      1. No one would write it that way.

        The interaction, though it was [not] a fight, was reported to a USC coach–that makes sense.

        The fact that the guy was exonerated also suggests that it wasn’t a fight.

        Occam’s razor says it’s just a typo.

        If it was a fight, there wouldn’t be any qualifications added to why it was reported to a coach. If it were reported to the coach even “though” it wasn’t a fight, that would be notable.

        1. The sentence is covering the neighbors series of actions.

          “A neighbor saw the interaction,” (between the guy and his gf).
          That same neighbor “thought it (the interaction) was a fight,”
          That same neighbor then “informed a USC coach …”

          It is a typo. “though” should be “thought”.

          1. That makes sense!

            1. Happy to help. Us few remaining old timers have to stick together.

          2. Either way, it wasn’t a fight, and as it’s presently written, Robby’s saying it was a fight.

            They should fix it.

        2. Why wouldn’t they write it that way?

          A neighbor saw the interaction, thought it was a fight[…]

          You omitted the “A neighbor saw” part.

          1. Yes, “thought” makes sense in that sentence.

            “A neighbor saw the interaction, “though” it was a fight, and informed a USC coach who then reported it to the Title IX office”, however, doesn’t make sense at all.

            Either “though it was [not] a fight” or “though[t] it was a fight” makes sense.

            The way it is currently written with “though” doesn’t make sense at all. In fact, it says there was a fight when the intent is to say that there wasn’t one.

      2. It was reported to the coach–even though it was a fight?

        That doesn’t make sense.

      3. Exhibit B:

        “After three years, Boermeester has won an (sic): an appeals court reversed his utterly unjust expulsion in a ruling last week.”

        —-Robby

        “an” is in there twice. It’s a typo. This thing wasn’t proofread.

        https://www.urbandictionary.com/define.php?term=Mail%20it%20in

        1. Why bother with proofreading when only us Hit n Run trolls are going to read it?

          1. I don’t feel like a troll.

            1. I don’t feel like a troll.

              Says the guy grammar trolling (not that it’s your usual schtick).

              1. It’s not grammar trolling! The way it’s written might even be like a Section 230 case in comments.

                The fact is that there wasn’t a fight but the sentence says that there was a fight. That’s not grammar. That’s getting facts straight.

                I once had an environmental report about to be submitted to the state that said there was significant evidence of contamination. Glad I caught it before it was submitted–the guy who wrote the report just failed to type the word “no”, as in, “There was [no] significant evidence of contamination”. That isn’t grammar Nazi stuff. That’s making sure a typo doesn’t mean you’re getting facts exactly wrong and backwards.

                1. “though it was a fight”?

                  Edit much?

  11. It’s amazing that in their quest to appear woke the administration at USC became the very thing they were purportedly fighting. They completely marginalized Katz, turning her into the victim they wanted her to be. The people involved in this miscarriage of justice deserve to find themselves the targets of a Title IX investigation for how they treated her.

    1. Katz told the Title IX officials in no uncertain terms that the investigation was baseless: In response, they wrote her off as a battered woman who was too afraid to tell the truth about her abuser.

      Believe her, but only if she adheres to the dogma. Her statements to the contrary are heresy to the cause that must be ignored.

  12. Lessons learned:
    1. Feminists cannot say women are equal to men, and empowered to make their own decisions. Their role will be assigned by their betters.
    2. Only certain sexual preferences and perversions are allowed. The same betters from above will not allow women any role of equal aggression to the male. Rough sex is not permissible, no matter the preferences of the participants.
    3. Colleges are run by morons.
    4. The federal government has no idea what they are doing.
    5. Forget college, go for the trades; you cannot offshore an electrician or a drywall installer.

    1. Eventually we’ll have robots installing wiring and drywall. Then the software development for those robots can be offshored. There will be other robots maintaining the robots, so don’t think you can shift to robot maintenance, either.

    2. 2. Only certain sexual preferences and perversions are allowed. The same betters from above will not allow women any role of equal aggression to the male. Rough sex is not permissible, no matter the preferences of the participants.

      I’m not clear that any sex took place. And, again per SCOTUS, it’s all identity crap. The same betters from above will not allow some roles of equal aggression and allow other roles of equal or greater aggression.

  13. Title IX, the federal law that prohibits sex-based discrimination in education and compels schools to investigate sexual misconduct.

    Title IX does not compel schools to investigate sexual misconduct. Feminist ideologues willfully misinterpreted the statute to include this and Devos was too cowardly to just eliminate the Inquisition altogether.

  14. i too agree with him, the decision is right according to me.
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  15. He should be able to sue the decision makers personally and individually as well. They ruined his life under color of authority and they should pay.

  16. Which of the two players in the picture is Boermeester?

    Reason (magazine) is just getting less-rewarding to try to read every day.

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  19. I do think USC should be liable for a substantial amount of financial recompense regardless of his future pro football prospects. https://m7et.com/health-and-beauty/sports/

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