Thu 8 Dec 2016
They start with a great headline:
College employee falsely accused student of rape so she wouldn’t get fired, lawsuit claims
This is much better than our first effort since it mentions the (obviously false) rape accusation. After reading the material associated with the case, no reasonable person would believe that John Doe sexually assaulted Susan Smith. However, I don’t think that Smith used the false rape accusation to avoid getting fired. The timing does not work out. This is much more likely to be a women-scorned scenario.
Williams College is withholding a former student’s diploma based on transparently false rape accusations by a college employee – his former lover – who believed her job was jeopardized by him, a new lawsuit claims.
The former student accused the once-religious private school of conducting an “inherently flawed” and “fundamentally unfair” rape investigation, in violation of his Title IX rights, and violating federal education privacy law.
1) Again, the most important (and indisputed!) facts of the case are that Smith/Doe were having sex for a year, then something happened one night, then they continued to have sex for another year. Now, obviously, sexual assault can occur in the middle of a long-standing sexual relationship. But there ought to be a fairly high standard of evidence required if you are going to ruin someone’s life in this scenario.
2) Why the College Fix uses the (accurate) description of “once-religious private school” for Williams is a mystery to me. Is this some sort of weird right wing tic?
To investigate the employee’s claims, the college hired the same person named in a lawsuit against nearby Amherst College that said her work was rushed and one-sided in favor of the accuser.
That would be Allyson Kurker, another person who makes money off of the weaponizing of sexual relationships in college. If you are accused of sexual assault, the last thing you want is Kurker to investigate the claim. From KC Johnson:
In the deposition, Kurker made clear that when accusers change their minds about whether they were sexually assaulted, what they previously said about their attack isn’t relevant to her inquiry. She added that she was interested in contemporaneous writings from the accuser only “to the extent that the incident is being described as nonconsensual.” Kurker continued: “The only e-mails that I would have found material” were those in which A.S. had described the incident as nonconsensual. This standard suggests that Kurker sees her job as not searching for—indeed, arguably concealing—potentially exculpatory evidence.
And Williams still hired her! There are dozens of Massachusetts attorneys who would love to get money from the College to investigate sexual assault claims. Why would Williams hire someone like Kurker who is so obviously biased against the accused? The naive answer is that Williams is incompetent, that it did not know about Kurker and did not bother to check out her previous work. The scary answer is that Williams knew all about Kurker, knew that she was biased against the accused and hired her anyway because, after all the complaints over the Lexie Brackenridge case, the College wanted to collect some scalps.
In May , with less than a month before Doe’s graduation, Smith filed a counter-complaint with the Title IX office alleging that he had “displayed abusive behavior towards her during the past two years.”
Smith’s initial complaint provided few details as to the nature of her claim. During the Title IX investigation, which took place over several weeks and included several interviews with witnesses provided by Smith, she made several new allegations.
That timing is the strangest part of the case. It is May 2016. Smith graduated in 2015. Doe is weeks away from graduation. She tried to get him thrown up on trumped up honor code violations and failed to do so. She has been employed by Williams for almost a year but has been (I hope!) told that, given her behavior in striking (!) a student, the College will not be renewing her contract. The relationship between Doe/Smith has been over (really??) for months. So, why file a complaint now?
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