A judge said Cornell acted ‘arbitrarily, capriciously, and without a rational basis’
Cornell’s Title IX investigator is under investigation for gender bias, following a court ruling today.
A judge ruled in favor of John Doe, a Cornell student accused of sexual assault, who said the university deliberately mishandled the process.
The court said Cornell has 60 days to investigate the Title IX worker, who has not been named for privacy reasons.
John Doe took his university to court last year, claiming they deliberately mishandled his sexual assault case.
And in court documents passed to The Tab, Judge Eugene Faughnan ruled Cornell’s treatment of John Doe was “arbitrary and capricious and without a rational basis.”
He added Cornell “improperly deferred investigation into [John Doe’s] claim of sex discrimination in contravention of their established policies and procedures.”
This case dates back to November 2016 when John Doe filed a suit against Cornell for gender-based discrimination.
John Doe and Jane Roe, both Cornell students, accused each other of sexual assault after the same incident.
Both reported their claim to the university’s Title IX office, but according to court documents seen by The Tab, Cornell only investigated Jane Roe’s claim – and failed to properly handle John Doe’s.
Cornell tried to have the case thrown out of court, claiming John Doe’s claims were “not yet ripe for judicial review.”
Alan Sash, John Doe’s lawyer, told The Tab:
“We are very pleased with the court’s decision. The judge found that Cornell acted arbitrarily, capriciously, and contrary to its own written policy. As a result, he ordered that Cornell immediately investigate its Title IX investigator for gender bias. We expect that Cornell will abide by the court’s ruling and conduct a good faith and thorough investigation; if not, we will end up back in court. In the meantime, my client’s rights were vindicated and we are looking forward to the next steps.”
Read more at: http://thetab.com/us/cornell/2017/01/20/cornells-title-ix-investigator-investigation-gender-bias-4563