Today we received notice that our appeal of a Title IX hearing was successful. This ends a terrible chapter in my client’s life, although he will still need to apply for Retroactive Withdrawal to clean up his transcript and likely need therapy to help him deal with the stress and anger associated with being falsely accused.

They met the first week of school and made out. He liked her and wanted more, she played the field and ended up in a relationship with her dorm neighbor. Later that semester, the neighbor broke up with her. She wanted him back and decided to try to make him jealous. So, she contacted my client and invited him over. She gave her roommate the signal for hooking up and needing privacy. They had sex. He told me that it was strange because she was making really loud positive sex noises – no attempt to keep it down, but instead really loud. These were not pain, but instead sounds of ecstacy. He enjoyed it. Little did he know the noise was designed for her ex to hear.

About 2 weeks later, he gets the notice of investigation for sexual misconduct. The day after that, police show up to his dorm room and remove him from campus. He cannot attend class nor take final exams. It is 2 weeks from the end of the semester. All his work is lost. He cannot even withdraw because the deadline is past. He will get all Fs.

Investigation shows the ex broke up with her and she was hurt. She wanted him back. She tried to make him jealous. He just told her that he would appreciate it if she was not so loud when she had sex. She then said she was raped. He felt sorry for her. He comforted her. They started dating again. She got what she wanted. She stopped responding to the Title IX investigators.

Despite her refusal to cooperate any more, the Title IX investigation continued. Despite our interviews and evidence supporting consent and her motives, the Title IX office found my client responsible and expelled him. We appealed. After 5 months of work, my client was found NOT RESPONSIBLE for sexual misconduct. He lost his Fall tuition, his transcript has all Fs and he is damaged from the experience. She is dating her ex. He will never return to this school that he was so excited to go to. His life has changed forever.

It is not fair, but he is not saddled with the scarlet letter of Responsible for Sexual Misconduct on a college transcript that can be found by every employer, college and graduate school. We are in the process of applying for retroactive withdrawal so that his Fs turn into Ws. If this happens, he will be able to go to a good school somewhere else.