John Doe v. Cornell

Posted on | March 22, 2015 | 40 Comments

One night in December 2013, a male Cornell University student hooked up with a female student at the woman’s apartment. Both students had been drinking. More than two months later, the woman “filed a complaint against Plaintiff, alleging that Plaintiff raped Jane Doe on December 14, 2013, while she was incapacitated.” Note the word “Plaintiff” in that sentence and also note the word “complaint.” The female student did not file criminal charges; rather, she complained to university officials who conducted their own “investigation” and expelled the male student, who is now suing the university, saying that officials violated his rights:

In a 53-page complaint, the student’s attorneys launch a wide-ranging critique of both Cornell’s handling of the specific case and the overall framework of the university’s judicial system.
The lawsuit also assails the university’s decision in 2013 to lower the burden of proof for sexual assault cases from a “clear and convincing” standard of evidence to the much-lower “preponderance” standard of evidence.
But Cornell failed to administer even this lower standard of evidence fairly, the lawsuit contends.

You can read more at Legal Insurrection, where Professor William Jacobson notes that this is at least the third pending lawsuit by male students who have been subjected to unjust disciplinary proceedings for sexual assault claims. (Hat-tip: Instapundit.)

Rape is a felony. If someone rapes you, call the cops. Don’t wait two months and then demand that university officials to “investigate” your hookup and punish a guy because your casual hookup was unpleasant or embarrassing. While it is always impossible to know the truth of what happened in a “he-said/she-said” incident like this, let me point out what should be obvious: This was a one-night stand that occurred after four witnesses had been at the apartment with John Doe and his accuser, and evidently knew he spent the night with her. It would be a common-sense inference that, because this hookup was not followed by further sexual intimacy or a romantic relationship, that there was a lack of any deep attraction between John Doe and his accuser.

Ergo, to continue our common-sense inference, the accuser felt remorse about her behavior. Yet post-hookup remorse is (a) not uncommon and (b) not proof that the hookup was rape.

Also: RAAAAACISM!

Can we be honest about our common-sense inferences here? Read the complaint closely. Both of these students were majoring in chemical engineering. The female is of German ancestry, while the male student is from California, studied piano for 10 years, was part of his high school “Science Bowl” club, and “John Doe’s immigrant parents strive for the ‘American Dream’ of educating John Doe at a prestigious University.”

I got $20 that says this guy is Asian-American, probably of Chinese ancestry. Anybody want to bet against me? No, you don’t.

OK, so the Teutonic Goddess spends the night with this geeky Asian guy. She perceives a subsequent diminution of her social status, and it is that which inspires her vengeful claim of rape.

If my common-sense inference is correct — c’mon, I got $20 here — then John Doe v. Cornell would be at least the second such recent case. At Vassar College, Chinese-American student Peter Wu was accused of rape by white girl Mary Claire Walker.

A blog is not an appropriate venue to pass judgment on college students’ sexual activities, and neither is a college disciplinary process the appropriate venue to try a rape case. The sooner we all agree that rape is a felony, which should always and only be prosecuted in criminal courts, the better. Until such time, however, I’ll be here imposing judgment in these cases, employing the vast resources of slut-shaming misogyny available to me as an agent of male supremacy — including that most notorious weapon of the heteronormative patriarchy, common sense.

Category: Crime, Education, Legal Insurrection, Sex Trouble

Comments

40 Responses to “John Doe v. Cornell”

M. Thompson
March 22nd, 2015 @ 8:52 am

Rule 1 of the Modern University: don’t go after the coeds.
Beat Man
March 22nd, 2015 @ 8:58 am

college women ain’t feces
John Doe v. Cornell | Living in Anglo-America
March 22nd, 2015 @ 9:00 am

[…] http://theothermccain.com/2015/03/22/john-doe-v-cornell/ […]
Eric Johnson
March 22nd, 2015 @ 9:10 am

A related question is “Why do universities even have police departments?” All policing should be done by local city cops who will have much more experience on staff and there will be a clear separation to prevent bias between school and legal system.
tmitsss
March 22nd, 2015 @ 9:27 am

http://www.chicagotribune.com/lifestyles/askamy/ct-college-roommate-a-drunken-disruption-20150322-column.html

I just leave this right here
DeadMessenger
March 22nd, 2015 @ 9:48 am

They should just award the guy his degree. He already proved he’s smarter than the administration. (But then again, so is my dog, and he eats his own vomit.)

Then they should hand him his master’s if he sues the girl in civil court and is awarded damages.

PhD if he follows that up with a TRO on her lying butt.
Fail Burton
March 22nd, 2015 @ 9:52 am

She didn’t file with the police because she had nothing. Predictably, that’s exactly why she filed with the university – because she had nothing. Right now, these civilizationally retarded feminists have everyone running scared because the U.S. gov’t has enabled a Title 9 extortion scheme based on the theory men are Mongols who hate and rape women. There is no goal or end game here – hate has no such thing. You could have 0 rapes at schools and mentally ill feminists would just lie and change 0 to whatever and change the definition of rape, and Big Brother would go along with it because our gov’t is also run by retards.

American academia is so intellectually fallen in that frankly, it is unable to accurately judge anything. Reading an intersectionalist history of the world has reduced reality to a severely abridged work of fiction where similar events are portrayed radically differently or excised altogether based on nothing more than skin color.
Art Deco
March 22nd, 2015 @ 10:15 am

“Why do universities even have police departments?”
For some of the same reasons commercial companies and hospitals employ security guards. They are heavy traffic zones and the proprietors are seeking more assiduous surveillance and order-maintenance than the sheriff or municipal police chief can afford to spare.
The thing is, in some loci, the resources the institution has at its disposal and its landholding rival those of the local government. It can be useful in those situations to deputize some of the campus security and give them weapons training. The situation at Penn State is instructive. The University is the town.
Evi L. Bloggerlady
March 22nd, 2015 @ 10:33 am

Yeah, focus on those female professors who might give you a better grade if you perform well…extracurricularly.
Evi L. Bloggerlady
March 22nd, 2015 @ 11:05 am

Mostly for public safety and property crime on or immediately around campus. Most university police departments are professional and recruit from real police and it makes sense for universities to supplement policing on their own, but they are not the ones (generally) driving these internal school witch hunts.

You are right about bias, however, most schools will not disclose actual property and violent crime statistics because it might discourage students from coming to the institution.
Dana
March 22nd, 2015 @ 11:21 am

Maybe Chinese, but I’ll bet you a link on each other sites’ that he is of Vietnamese origin.
RS
March 22nd, 2015 @ 11:33 am

It’s an historic artifact that goes back to the earliest universities in Europe. The earliest were set up by the church and were governed by Canon Law, not the local civil law. Thus, they policed themselves. Eventually, that morphed into universities being considered wholly separate entities from the city in which they were located and they began to employ their own police forces, such as they were. Later, as local princes began supporting universities, the prince maintained control outside the local citizenry. That had the same result: a separate police force.
RS
March 22nd, 2015 @ 11:35 am

Title IX is a two edged sword, however, as universities are now finding out to their financial detriment. It doesn’t only apply to females but to both men and women equally. Given that state universities are taxpayer funded and therefore the taxpayers wind up paying these tort judgments, it won’t be long before the pendulum begins to swing in the other direction.
Dana
March 22nd, 2015 @ 11:35 am

If said Teutonic Goddess really sees a diminution of her status for copulating with a geeky Asian guy — though said geeky Asian guys do seem to have a remarkable success rate at entering the “professions” and earning a good living — then filing a complaint means, inter alia, that her night of drunken sex with a geeky Asian guy will become far more widely known. Our host may not know her name, but you can bet your last euro that her name is known at Cornell.

Of course, other things may have occurred; perhaps Mr Doe strutted around campus and bragged that he bagged — alliteration most definitely intended — Teutonic Goddess, when she simply wished to forget the whole thing ever happened.
RS
March 22nd, 2015 @ 11:45 am

Her family may be German, but she’s most definitely American and has drunk deeply of the Kool-Aid. The German women I know–including my love wife of almost three decades–are not that fragile.
Quartermaster
March 22nd, 2015 @ 11:46 am

I doubt he could get a TRO. He’s not proceeding against her.
Obama Calls Halt to News Cycle | Regular Right Guy
March 22nd, 2015 @ 12:06 pm

[…] John Doe v. Cornell […]
Fail Burton
March 22nd, 2015 @ 12:08 pm

The stupid irony of radical feminism that is self-reinforcing is that it’s clear they don’t see their rhetoric as being racist, sexist or supremacist. That being the case, their personal interaction with whites and men is going to seem senselessly hostile, therefore confirming their thesis of white racism and male sexism. It just never occurs to them the ostracism they may encounter is due solely to their lack of social skills.
NeoWayland
March 22nd, 2015 @ 12:09 pm

Since Cornell is a private university, the male student may have less of a case than he thinks he does.
RS
March 22nd, 2015 @ 12:33 pm

Cornell takes federal funds. Thus, it obligates itself to conform to Title IX.
DeadMessenger
March 22nd, 2015 @ 1:08 pm

He should. She was the root cause of the problem. Waiting two months to make a claim means that it’s just as Stacy described it.
Quartermaster
March 22nd, 2015 @ 1:42 pm

He would have a hard time winning. He’s got an almost open and shut case against Cornell, however. Cornell also has deeper pockets.
Fail Burton
March 22nd, 2015 @ 2:18 pm

You still have to actually violate some rule. There is no proof he did. Even a private school can’t kick you out just because.
Zohydro
March 22nd, 2015 @ 2:18 pm

Jane Doe agreed to let Plaintiff spend the night at her apartment.
Jane Doe did not have a couch so it was understood that Plaintiff would
sleep in her bed with her. She attributed this hospitality to her German
family’s alleged “sailboat community ideals.”

After M.N., M.V., L.T. and V.P. departed, Plaintiff informed Jane Doe
that he was interested in her. Plaintiff and Jane Doe began to kiss
while standing up. The kissing continued as they moved towards the bed….

“Sailboat community ideals”! What the…

http://freedomsfloodgates.com/2015/03/20/campus-consent-wars-expelled-male-student-sues-cornell-univ/
Squid Hunt
March 22nd, 2015 @ 2:41 pm

Boy, these equal rights people really hate asians, don’t they? I guess it just blows all their minority rhetoric out of the water that asians are outperforming AND minorities.
Dana
March 22nd, 2015 @ 3:07 pm

But they can be that vindictive! The “accuser” almost certainly knew what the result of her claim would be: Mr Doe expelled. Thus, she got her revenge for whatever reason she wanted it — that he bragged about it, that he didn’t come back, that he was no good in bed, just whatever — with no real consequences to her at all.

The “accuser” was handed a weapon by the feminists and the college administration, and decided to use it. Very German, indeed!
Dana
March 22nd, 2015 @ 3:09 pm

If Cornell violated its own published standards of proof, and caused Mr Doe actual harm — the harm caused is not in dispute — then he has a case.
Daniel Freeman
March 22nd, 2015 @ 3:25 pm

A better question is why their courts adjudicate anything more than school policy violations like plagiarizing an essay or smoking in a dorm.
Adobe_Walls
March 22nd, 2015 @ 3:31 pm

Have you ever been to Durham NC?!
I don’t see anything in this story that indicates anyone involved a police force, campus or other wise. Which is of course the problem.
Daniel Freeman
March 22nd, 2015 @ 3:32 pm

This is good: How the Asians Became White
Adobe_Walls
March 22nd, 2015 @ 3:37 pm

Their courts aren’t legal courts. The university is being sued in a real court.
Squid Hunt
March 22nd, 2015 @ 4:21 pm

My brain just hurts at the disparity and the dissociation between stated goals and determined effort.
DeadMessenger
March 22nd, 2015 @ 5:25 pm

True. But I’m applying the difficulty scale for the BS, MS and PhD they ought to hand this kid. =)
Art Deco
March 22nd, 2015 @ 7:45 pm

Suggest one reason was provided a generation ago by Thomas Sowell: the Anointed confuse intelligence with expertise and then confuse articulateness with intelligence. It does not occur to the professor/administrator twits that they’re just out of their depth.
VOX
March 22nd, 2015 @ 8:23 pm

Yeah, even before I saw the name Wu, I was already pretty sure of several things about the plaintiff.

He may be an “immigrant,” but his parents came here legally.

Neither he nor his parents, in all likelihood, has ever been on welfare, and would consider it shameful and insulting.

And therefore:

His name might have a Z in it, but it isn’t going to be at the end.

I wasn’t 100% sure he would be of Chinese descent. All the East Asian races have earned a reputation in the US as quiet, orderly, productive, law-abiding hard workers who are assets to the communities in which they live–the exact opposite in every way of the IQ-55 wetback criminals with which the Kenyan and his party wish to “culturally enrich” us until we turn into Brazil.
wbkrebs
March 23rd, 2015 @ 1:42 am

From my recollection, Cornell has both private and public elements.
Steve Skubinna
March 23rd, 2015 @ 1:43 am

I don’t know about other states, but campus police at both UC and CalState schools are sworn peace officers of the State of California.
Steve Skubinna
March 23rd, 2015 @ 1:46 am

It will be a great victory for feminism when rape is finally made a crime and rapists are stigmatized!

Oh, wait a minute…
VOX
March 23rd, 2015 @ 11:04 am

You need to work harder at doublethink, so that when you hear doubletalk and duckspeak you can crimestop.

OLDTHINKERS UNBELLYFEEL INGSOC
ISIS in the Ivy League? : The Other McCain
March 25th, 2015 @ 10:10 am

[…] last we checked in on Cornell University, they were being sued for expelling a senior chemistry major whose female friend complained that […]