The plaintiff was a freshman student who was admitted on substantial financial aid, and earned a position on a varsity sports team.
He was accused of committing rape on another freshman student three months after having engaged in consensual sex with her in his dormitory room.
The sexual misconduct disciplinary board (“SMDB”) was held at a time of intense debate, both on the campus and among students on social media, where students were criticizing the university’s handling of sexual assault.
Just hours before the hearing, Clark hosted a screening of an emotionally-charged, graphic documentary about sexual assault on campus, and the person who would serve as the board chair
participated in that program. Clark, without warning or explanation, removed plaintiff from his room.
He was formally accused and notified of the charges the next day, and found guilty of sexual assault, sentenced to dismissal from the university and branded a sex offender, eleven days later. The plaintiff was denied the benefit of the “fair practice” procedures promised him in Clark’s 2014-2015 Student Handbook1
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Attorney: Leary Legal Services, LLC