Judge Allows Title IX Male Gender Bias Lawsuit Against Case Western To Proceed

CLEVELAND, Sept. 13, 2017 /PRNewswire-USNewswire/ -- In the midst of a national controversy over US Department of Education Title IX directives, a federal judge recently ruled to allow a male student's Title IX lawsuit against Case Western Reserve University (CWRU) to move forward. Represented by prominent Title IX attorney Andrew Miltenberg, the student is suing CWRU for violating Title IX and his rights to due process in a wrongful sexual assault investigation. 

The plaintiff, referred to as John Doe, was a sophomore at CWRU when he was wrongfully accused of sexual misconduct by a fellow student and suspended for three years.  CWRU failed to provide a fair and unbiased investigation of the encounter, resulting in the violation of Title IX and John Doe's fourteenth amendment rights to due process.  Moreover, the university failed to avoid conflicts of interest by having one employee pursue both the investigation and adjudication of John Doe; this Title IX staffer had written her doctoral dissertation on "The Dangerous Reality: Sexual Risk Taking Among College Women."

"My client was a victim of a Title IX Case Western official with a clear and blatant anti-male agenda," said Miltenberg, who has represented hundreds of accused males on college campuses. "At college and university campuses throughout the country, due process is dead when it comes to accusations of sexual assault.  We will continue to pursue justice for this young man and many others who have been wrongfully punished under a system in which prejudice against males is omnipresent."  

In the United States District Court for the Northern District of Ohio, Judge Donald C. Nugent this month issued a decision on September 1^st sustaining the complaint and allowing John Doe's causes of action for violation of Title IX, breach of contract, and negligence with respect to duties arising from Title IX directives.

In his decision, Judge Nugent conveyed his concern for the arbitrary nature of the disciplinary process at Case Western. The judge, an Obama appointee, made particular note of the aggressiveness of Case Western's Title IX Coordinator and the impact that such could have had upon the proceedings.  There is enough evidence, in the words of the Court to "cast some doubt on the accuracy of the [Title IX] hearings."  Additionally, Nugent's decision recognizes that a person's religious, moral and ethical system of beliefs must be taken into account during the disciplinary process so as to give a full context to the events. 

"This case is yet another egregious example of the damage inflicted upon innocent young men by the US Department of Education's unconstitutional and overreaching Title IX directives," Miltenberg continued. "Secretary DeVos is right to re-examine Title IX and the policies and procedures for sexual misconduct investigations on college campuses." John Doe is one of three wrongfully accused male students represented by Miltenberg who have won significant victories in federal court this month in their respective lawsuits. 

Miltenberg, a partner with Nesenoff and Miltenberg, LLP based in New York City, is currently engaged in several groundbreaking Title IX cases representing male students at Brown, Columbia, Penn State, Georgia Tech and Colgate Universities among others.   For more information, visit www.nmllplaw.com

SOURCE Nesenoff and Miltenberg, LLP

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