MENU

Reason.com

Free Minds & Free Markets

Male Student Accuses Female Student of Sexual Assault. She Says He Wanted Revenge.

Title IX creates a prisoner's dilemma: students have to file sexual misconduct complaints to avoid becoming the accused.

CinciThe University of Cincinnati suspended a female student for allegedly engaging in nonconsensual sex with a male student who claimed he was too drunk at the time to approve the encounter.

The fact that this case involves a male accuser ("John Doe") and a female aggressor ("Jane Roe") makes it unusual among Title IX complaints. (Title IX is the federal statute that forbids sex discrimination in schools.) But the female student's lawsuit against Cincinnati—which accuses the university of violating her due process rights—reveals something even odder: Roe had previously filed a sexual misconduct complaint against one of Doe's friends.

Roe's lawsuit, then, suggests that Doe filed the complaint against Roe as a kind of revenge for getting his friend in trouble. (I have an alternative theory, but I'll save that for the end.)

"On information and belief, John Doe was motivated to file a Title IX Complaint in retaliation for a prior Title X Complaint Jane Roe had filed against his friend," according to the suit.

Roe also contends that it was ridiculous to find her guilty of nonconsensual sex because of Doe's drunkenness, but not find Doe guilty too: Roe was also drunk at the time, so under the rules she was just as unable to consent to sex as he was. While this might seem like a paradox—how can two young people rape each other?—it would actually be a straightforward application of affirmative consent, which requires all participants in a sexual encounter to proactively obtain freely given and unambiguous consent before proceeding.

The encounter between Roe and Doe took place on September 30, 2017. They went to a party together and then returned to Doe's residence after Doe said he was feeling drunk. They went to his bedroom, where Roe fell asleep. Doe eventually crawled into bed and initiated sexual contact with her. After allowing him to touch her, Roe asked if "there was anything else you want to do." He said no and they went to sleep. (Keep in mind that this is Roe's account, and she is the accused.)

On October 2, Doe went to the school's Title IX office and filed a complaint alleging that Roe had engaged in sexual activity with him while he was too drunk to give consent.

That same day, Title IX Coordinator Karla Phillips informed Roe that she was under investigation. Since neither party disputed that sexual activity had occurred, the only relevant matter was whether Doe had been able to give consent. At a hearing, the university determined that he had been intoxicated, and that it thus had no choice but to suspend Roe until his graduation. Roe filed an appeal and was denied.

According to The Cincinnati Enquirer, Roe said that she was being punished for "engaging in the same sexual freedoms that men on the campus enjoy." It might be more accurate to say she is being held to the same standard—a standard that is, for many reasons, horrible.

Roe's theory that Doe's complaint was a form of revenge is interesting, and it could be true. Perhaps the whole thing was a setup—he lured her to his bedroom, feigned drunkenness, and initiated sexual contact, fully intending to race to the Title IX office the next day, no-one-wounds-me-with-impunity style.

Here's an alternative theory: Doe woke up, realized they had engaged in sexual activity while they were both drunk, and feared that she would file a complaint against him, as she had done to his friend. Panic-stricken, he felt he had no choice but to beat her to the punch.

Indeed, if you suspect you are going to become the subject of a Title IX investigation, the optimal strategy may very well be to file the first complaint. For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant, and presume the other party is the wrongdoer.

[Hat tip: The College Fix.]

Photo Credit: Bearcat2011 / Wikimedia Commons

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.

  • Eidde||

    *hic* means no

  • loveconstitution1789||

    *dicks out* means yes.

  • khm001||

    So does "pussy out", but incel supporters Title IX hate the idea of other people having sex, so need to cast sex as some sort of power play and assault. Women have been the primary beneficiaries of these awful policies. Hopefully, more women will feel the pain of Title IX.

  • Juice||

    Yes for Harambe.

  • Eidde||

    (Actually it means "this" but never mind)

  • Pro Libertate||

    Isn't that hoc?

  • Eidde||

    You're saying you're smarter than Google Translate?

  • Eidde||

    You're saying you're smarter than Google Translate?

  • ||

    You're clearly not sober enough to post. You better inform Reason's Title IX office about Pro Liberate's indiscretion before this goes any further.

  • BestUsedCarSales||

    If we filed a report every. single. time. that Eddie was too drunk to post, but posted anyway, well... we'd be writing a damn lot of reports.

  • gormadoc||

    There could be a paragraph minimum to report, though I admit it wouldn't change much.

  • Chipper Morning Baculum||

    "Zounds! We are out of communion wine again?? This congregation must have really grown."

  • Pro Libertate||

    The temptation to go back to school and give the administration what-for is really tempting. Maybe do it as faculty in the law school and as an engineering undergrad.

  • Pro Libertate||

    Oh, and in hoc signo vinces, by the way.

  • Diane Reynolds (Paul.)||

    Can we just wall off the campuses of America in a kind of Escape from New York way?

  • Pro Libertate||

    Haven't they done that already? At least for men.

  • BestUsedCarSales||

    No, that would be more radical than the Universities deserve.

  • Eidde||

    When exactly do these kinds find time to study?

  • Eidde||

    these kids

  • Mickey Rat||

    Either works, really.

  • loveconstitution1789||

    These kids don't go to college to study knowledge.

    They go to learn valuable virtue signals and skills at gaming the system while simultaneously avoiding the real working world.

  • shawn_dude||

    You said, while signaling right-wing virtues to fellow Reason conservatives...

  • Devastator||

    I had plenty of sex in college and had time to study and graduate in the top 10% of my engineering class. I'm not sure what your point is.

  • MSimon||

    I didn't go to college - thus I had plenty of time for sex with college girls.

    I became an aerospace engineer.

  • reasontert||

    Can you tell me which brand of planes you work on so I can avoid them?

  • khm001||

    I do love the pretentious attitude of anti-intellectuals like you, reasonturd, who think anyone who didn't go to college is too stupid to competently hold high skill jobs.

  • khm001||

    reasonturd,

    Anti-intellectuals like you who pretend high skill jobs cannot be competently held by non-college grads make the world a worse place. You're a cancer on society.

  • Eidde||

    Did you spend time in Title IX investigations?

  • Ecoli||

    Riiiighhhtttttttttttt.

    An engineer had sex in college.

    Sounds legit.

  • TGoodchild||

    Civil engineers aren't really engineers, you know.

  • khm001||

    If college takes up more than 40 hours a week, out of 168, you're doing it wrong. A lot can get accomplished in the remaining 128 hours.

  • BillyG||

    Probably business majors, so Studying is what they do Monday and Tuesday night while complaining about their difficult workloads the rest of the week.
    - Salty Engineer

  • Robert||

    For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant,


    Because of suspicion the counter-complaint is made to spuriously cast doubt on the original.

  • gaoxiaen||

    If it's good enough for the Detroit PD, It's good enough for Title IX.

  • JWatts||

    "For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant, and presume the other party is the wrongdoer."

    Maybe because they're lazy bureaucrats and that's the easiest approach?

  • Pro Libertate||

    Don't we have laws and cops and courts for such situations?

  • MoreFreedom||

    Excellent point - universities shouldn't be involved in investigating, prosecuting and harming the perpetrators. That should be left up to the government, and if someone is found guilty of a crime, the university has the right to refuse to serve up an education to a criminal to protect the other students and the business of the university.

    More important, is Alan Dershowitz's plea to consider shoes on the other foot when it comes to laws and regulations (in this case university regulations and procedures doing something it shouldn't be doing anyway). Democrats and women should have foreseen this situation and rejected such rules because they are horrible and unfair. Many men have been harmed by universities due to mere allegations without sufficient evidence for a DA to even consider a prosecution. That it's happening to women is the equally unjust result some deserve.

    Such allegations should always be judged based on the evidence, as opposed to mere allegations. It's led to people making sure, they never find themselves in a situation in which false allegations can be made where evidence doesn't exist to disprove them. It's done wonders to keep people (men mostly) out of relationships for fear of being harmed by universities. And in business, it's helped keep women from networking with men.

  • shawn_dude||

    Since universities also operate dorms, the accused rapist would be left to roam campus and seek out other victims to harass the one that accused him/her. Since the university is legally responsible for what happens on campus, this creates a legal trap for them.

    It's easy to say all rape accusations should go to law enforcement and the university should do nothing, but experience has taught administrators that they are required to act.

  • Fist of Etiquette||

    Soave's theory is the one I find most plausible. To take Gillespie's favorite reference, it's like The Hunger Games, where they race to get the best weapons for survival in their mutual death match. Title IX is the most powerful weapon of all. May the odds be ever in their favour.

  • Ygrittesngravy||

    You're not a bloody Pom, now are you, Fist?

  • Fist of Etiquette||

    That's how they say it.

  • ||

    For reasons not completely clear to me

    Really? When you switch from innocent until proven guilty to believe the accuser, it switches from a complex deque or linked-list to a much more simple and efficient FIFO queue.

  • BestUsedCarSales||

    It should obviously be a max-heap so that we can just pick whoever has the most privilege to listen to, and do so in O(1) time (Disregarding build time)

  • rudehost||

    Feels more like a bloom filter with minimum hashes to me. Plenty of false positives but zero false negatives.

  • Zeb||

    I'm still just confused as to how anyone figures this sort of thing has anything to do with Title IX at all. Title IX applies to schools, not individual student conduct.

  • GILMORE™||

    Title IX requires the schools to have their own infrastructure for adjudication of any sexual harassment-related complaints.

    the specific language of the "Dear Colleague" letter:

    Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.

    Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients... in meeting these obligations, this letter

    1 explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the specific Title IX requirements applicable ,

    2 Sexual violence, as that term is used in this letter, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol...

    ...If a school knows or reasonably should know about student-on-student harassment that creates a hostile environment, Title IX requires the school to take immediate action to eliminate the harassment, prevent its recurrence, and address its effects.
  • ||

    Damn You!

  • Zeb||

    It's the basis for that dear colleague letter that puzzles me.

    Wouldn't pretty much all sexual activity, consensual or not, involve discrimination on the basis of sex. I know I discriminate on the basis of sex whenever I look for a prospective sexual partner.

    If someone went around raping people without regard for their sex, I suppose that would not be a Title IX issue for the school. I wonder if a bisexual student who could demonstrate a pattern of disinterest in the sex of their sexual partners could avoid the Title IX inquisition on that basis.

  • MarkLastname||

    Don't give them any ideas.

  • ||

    Dear Colleague:

    ...
    The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime.

    Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.
    ...

    The letter makes no distinctions between harassment performed among or by students and those among or by staff and even goes on to delineate that the issue exists and/or originates in High Schools.

  • Zeb||

    Yeah, the letter's guidance is the part that confuses me. Since when is individual sexual activity of students and activity supported by federal funds? Did I miss out on something at college? Where's my federally funded sexual activity?

  • Michael Ejercito||

    Does not this letter violate separation of powers?

  • Devastator||

    Read the wiki article on it. In short it controls what happens in these types of "encounters". The rest is on the internet at your fingertips.

  • ||

    This incident is an example of a sexual condition that will become increasingly common among college males: premature allegation.

  • GILMORE™||

    Tell me again why "Repeal Title IX" isn't the obvious and best way to deal with all this bullshit in one fell swoop?

    Women are the majority of college students, and are even higher majority of college graduates.

    If you ignore the gigantic role that Div 1 college Football /basketball plays in Athletics - they get disproportionate attention and funding from every other aspect of the administration. Money to supporting women's interests and recreational activities is hardly lacking.

    Why, again, do we need a federal law demanding oversight of universities to ensure their own "current largest group of customers" is treated well? Is the idea that, sans federal law, we're going to slip back into some early-20th century Patriarchy?

    Its idiotic.

    Yet the idiocy is pandered to with the pretense that the law only needs "better guidance" - as tho future retards won't ready come along and do *exactly what Obama and Lhamon did* as soon as they get the chance, 'better guidance' be-damned?

    Repealing obviously-unnecessary and horribly-flawed federal law would seem to be a no-brainer for self-decribed libertarians. Yet they can't even muster the courage to even suggest examining the question.

  • loveconstitution1789||

    I didn't know women have sports teams because I never hear anyone say they just paid $x to go to a game/match.

  • Cynical Asshole||

    My sophomore year of college was the first year we had a women's volleyball team. Their first few home games the gym was jam packed. Of course this was at a small engineering focused school with an approximate 12 to 1 male to female ratio, so of course anything involving chicks running around in spandex short shorts would be appealing.

    Of course, even in that setting once the novelty wore off and the realization that our team really sucked set in, no one cared anymore. The fact that many of the players weren't really all that hot didn't help.

  • MSimon||

    And how many volleyball girls do you see with "C" or better?

  • Cloudbuster||

    Tell me again why "Repeal Title IX" isn't the obvious and best way to deal with all this bullshit in one fell swoop?

    Well, if it was repealed, it wouldn't be a very good tool for persecuting straight white men, would it? That's why.

  • MSimon||

    Repeal of college will be easier.

  • ||

    how can two young people rape each other?

    Before I refer you to BUCS, I'm going to need to narrow the search parameters down a little by asking a few questions:

    At the same time or sequentially?
    Just among themselves or with additional participants?
    Single gender, opposite gender, mixed, or all of the above and then some?
    Rape-for-pay, role-playing, or purely amateur?

  • Rich||

    My friend's sister used to go around saying "Rape me or I'll kill you."

    I don't know how that worked out for her.

  • Chipper Morning Baculum||

    That's a clever observation, Robby. The principle of affirmative consent results in mutually assured rape when both participants are drunk.

  • ||

    This isn't clever. Most of us have been pointing it out since day 1.

    I personally beat the "If that's rape then my wife and I probably had more than 1,000 rapes between us in our first year of dating." joke to death myself.

  • Jimbo||

    ^ check out Wilt Chamberlin ^

  • Jimbo||

    ^ check out Wilt Chamberlin ^

  • Jimbo||

    Fucking tablet....

  • Rich||

    For reasons not completely clear to me

    Well, Robby, you're obviously too intoxicated to understand this.

    Or not intoxicated enough.

  • Bubba Jones||

    Of course it was a set up. The logical response to learning that a chick has filed charges against your friend is to never go near her. On a second date in college a girl told me she had been date raped. This was during the date rape hysteria of the 90s and I wasn't going anywhere near her after hearing that.

    The only way this guy was dumb enough to be naked and alone with this girl was with the equally dumb intention of filing charges against her.

  • Cynical Asshole||

    The only way this guy was dumb enough to be naked and alone with this girl was with the equally dumb intention of filing charges against her.

    I don't know about that. Guys do some pretty dumb shit in the pursuit of pussy.

  • Liberty Lover||

    Actually the guy was pretty smart. While they probably both had drunken consensual sex, he has insulated himself from the woman filing a complaint against him that she was to drunk to give consent.

  • Jimbo||

    Please refer to the guy as "survivor", mkay?

  • buybuydandavis||

    Winner

  • DJF||

    Sounds to me that College students should have a rule not to have sex with anyone with the last name of Roe or Doe.

  • MSimon||

    Ah. A Roe Doe Rooter.

  • Longtobefree||

    So when will the 'dear college' letter come out saying to go back to prohibiting drinking?
    I have yet to read about a Title IX abuse where alcohol was not involved. It is clear that 'equal' women are too damn fragile to consume alcohol. Something happens to a woman where the brains are in a man that sends her running for protection as soon as she wakes up the next morning.

  • Eidde||

    I, myself, wonder how many alleged rapes we'd have if students were more sober, studious and chaste.

    I guess we'll never find out.

  • Tom Bombadil||

    "how can two young people rape each other?"

    What, you never heard of a Mexican Fuckoff?

  • Eidde||

    I have now.

  • The_Hoser||

    That's when Selma Hayek tells people she doesn't want to sign autographs.

  • Robot Centaur||

    I lost my scholarship and can't step foot on campus because two female ROTC cadets had sex in my room while I was in there too, and they thought I would tell people.

  • Eidde||

    They'd have nothing to worry about now, would they?

  • TGoodchild||

    Pics or it didn't happen.

  • vek||

    Thankfully I'm not in college, so I won't have non trial based arbitrary nonsense... But with how rape claim happy women seem to be nowadays I have long said that if anybody ever accuses me I will file charges against them as well.

    There is a 100% chance I would not actually rape a woman. I've passed numerous times when chicks were too drunk, because it's not cool. If I ever have drunk sex with somebody they won't be THAT drunk, and I will be drunk too. So clearly the best solution is to file rape charges on them as well since I will be able to prove I had been drinking as well. Problem solved!

    By the modern definition of rape I have raped most of the girls I've ever slept with at one point or another (including all my girlfriends!), and I have likewise been raped probably hundreds of times! So I'm a serial rapist, and serial rapee. It's simply insane.

  • Tony||

    I don't think I became a full-blown alcoholic until junior year (thanks, study abroad in England!). But at that point most sexual encounters were, by today's standard, mutual rape. Which isn't as illogical as it sounds. Why can't you have two rapists going at each other? Both attackers, both victims. Maybe we simply allow that the hangover is punishment enough.

  • MarkLastname||

    If two burglars happen to rob each other's house at the same time, what's the appropriate sentence? Food for thought.

  • Obbop||

    MGTOW supports the efforts of all males who have been, are now and in the future will be falsely accused of any crime by a females. A Web search reveals the constancy of false accusations at colleges and all other societal aspects. The Duke lacrosse team is but one of many examples that also shows the pro-female and anti-male bias found in all societal levels. The defense IS a good offense.

  • Pepper Brooks||

    What's hard to understand about Title IX administrators favoring whomever files first? It's explicitly set up to work in that person's favor. The accusers story is taken as the truth, while the accused must prove their innocence without due process. It was a terrible strategy that's not paying off.

  • Jimbo||

    I was not going to comment, but there were 69 comments.
    That triggered me...worse than rape!

  • JonFrum||

    Her defense is what I ask every time - if HE was drunk when he initiated sex with here while SHE was drunk, how can HE be held responsible? The arrow points both ways.

  • Bill Poser||

    If you are too drunk to consent to sex, aren't you also too drunk to have criminal intent?

  • Ariki||

    HAHAHAHAHAHAHA
    this is great.
    This "women" are perpetual victims bullshit needs to be given a dose of "equality".

    I hope more men file complaints so this bullshit will be destroyed by its own absurdity.

  • oncefallendotcom||

    I'm glad this feminist twat is getting a dose of her own medicine, but why hide her name? She's the perpetrator of a sex crime, publish her name!

  • gwallan||

    I take it she found her Nigerian prince.

  • Sanjuro Tsubaki||

    Universities are the cutting edge of autocratic stupidity.

  • dnh||

    It was only a matter of time before this insanity became an equal opportunity position. Aaaah... the wonderfully tortured logic of an inability to mentally consent during a demonstrably exercised ability to physically consent.

  • Dadlobby||

    A media-arts major PC SJW with butthurt at common sense criticism. Luckily for her she can lie to some stupid boner about her reproductive status, squirt out 2 kids by different daddies (maximize that child support income transfer) and live off the nanny/daddy state. That or she can click on "seekcyber" and make $77 an hour like the anonymous "buddy's mom" does in the post above.

  • PS||

    let the bitch burn

  • Liberty Lover||

    An alternative theory. The guy screwed a woman so fat and ugly he didn't want his friends to know he had sex with here. He was worried about the flack he would take from his buddies. Therefore he filed a complaint that it was non-consensual.

  • buybuydandavis||

    " Indeed, if you suspect you are going to become the subject of a Title IX investigation, the optimal strategy may very well be to file the first complaint. "

    Make sure that you're too drunk to consent first.

  • jos3||

    ok

  • XM||

    This is almost certainly a case of "Men can be raped by women and deserve a voice too". The concept of reverse racism or sexism isn't anything new.

    And the Title 9 head honchos can't be all like "you're like 7 feet tall and initiated the sexual contact with a sleeping woman smaller than you, so are you really a rape victim". Because they have to mind the intersectionality fad that all the rage in the woke crowd. It would be toxic masculinity to assume that guys can't be feminine and come with all the vulnerabilities of a woman that can be exploited by preying female rapist.

    If Doe was non white and Roe was white, nothing more needs to be said. Race beats gender.

  • dspwilson||

    Robbie, your hopes for regime change are unreasonable and very unlikely to happen.

    We have National Crime Victimization Survey data revealing that men are victims of sexual assault in about equal numbers as women.

    So colleges performing correct outreach to male victims should receive equal numbers of complaints from men as from women. If they do not, those colleges aren't working to reach male victims, because we know they are there. Outreach to male victims of female predators especially important because in those cases the stigma against reporting is most high.

    We should expect colleges finding for the male complainants overwhelmingly, because we know that male victims, like female victims, make false accusations in vanishing small numbers.

GET REASON MAGAZINE

Get Reason's print or digital edition before it’s posted online