In October 2013, Jane Roe of Binghamton University met John Doe of Cornell at a frat party. The two, both slightly inebriated, agreed to go upstairs and engage in sexual activity. 10 months later, Roe notified Binghamton, and soon after Doe was suspended for two years. Doe sued the university for a violation of due process, claiming that the university withheld from the petitioner witness statements and the recording of the internal hearing.
Attorney: Aswad & Ingraham
On the night of Feburary 4, 2015, John Doe and Jane Roe returned to Doe’s apartment after much dancing and flirting at a local bar. The following day, Roe filed a sexual assault claim. Among other indicators, the university did not conduct a thorough investigation since, in less than 24 hours following the first hearing, the “panel” found Doe responsible for the allegations. Doe sued the university on these grounds, and cited the university for proceeding through the investigation under the presumption of Doe’s guilt.
Attorneys: Nesenoff & Miltenberg,LLP
Another Woman Scorned, Another Lawsuit Claiming False Accusation. Abrar Faiaz, a citizen of Bangladesh, has filed a complaint against Colgate University and sixteen of its employees, claiming he was interrogated, intimidated, harassed, falsely imprisoned, threatened, and eventually expelled as the result of his race, religion, national origin and sex. Faiaz, who is Muslim, filed his complaint in the United States District Court for the Northern District of New York on March 24, 2014.
Attorney: Beldock, Levine, & Hoffman, LLP
In 2011, freshman John Doe engaged in three minor, non-penetration sexual acts with three separate fellow freshman students. Three years later, within hours of each other, the three complainants submitted sexual assault complaints against Doe for the said incidences that occurred three years prior. 39 days prior to his graduation, Doe was expelled from the university. Doe sued the university for violating nearly all of his due process rights, including the university’s failure to conduct a thorough, impartial and fairly abbreviated investigation.
Attorney: Nesenoff & Miltenberg LLP
New York college student sues his drama school after he was suspended for taking part in a 'consensual threesome' - because the woman later 'changed her mind.' He claims that he had a consensual threesome with a female student and another young man, but that the woman later changed her mind. The two men have a recording from after the deed when the young woman says that ‘another time’ she might have sex with them separately. The school suspended the men for two semesters for violating ‘basic rules of conduct’ and ordered them to attend ‘sex-violence training’.
Paul Nungesser was cleared of a rape charge but faced a harsh trial-by-media. Now, as new details come to light, he’s speaking out and fighting back.
Article in The Daily Beast
Attorney: Andrew T. Miltenberg Nesenoff & Miltenberg,LLP
In spring, 2013, John Doe and Jane Roe consented to sexual activity. Five months later, without any police report or examination from a medical facility, Roe decided to file a sexual assault claim against Doe to the university. Without any evidence, the university expelled Doe. Doe is retaliating by suing the university for violating his basic due process rights: denying the right to cross-exam witnesses nor the accuser; no fair, lengthy investigation; and its discrimination of Doe on the basis of his male sex.
Attorney: Nesenoff & Miltenberg LLP
On January 31, 2016, John Doe supposedly sexually assaulted Jane Roe at a Psi Upsilon frat party. Doe is suing the university for not following its own school code nor following protocol set forth by the New York justice system. Doe is suing the university for a violation of due process during the internal investigation.
Attorney: Wesley Clark & Bates
On the night of December 13, 2013, John Doe and Jane Roe engaged in minor sexual activity after a party mid-senior year. Two months later in February, Roe filed a sexual assault complaint to the university. Despite statements from administrators who advised investigators to drop the case since the seniors would be graduating in two months ("personally seeing that [John Doe was] a graduating senior, worst case scenario I will not recommend suspension or expulsion. You are too close to graduation and this would not make sense.”—Mr. Dupew), and despite a preponderance of witness statements that point toward no criminal activity, Cornell decided to withhold his diploma for no less than two years. Doe is suing the university for a breach of due process, including an unfairly prolonged investigation, and for manipulatively inflicting stress and monetary damages on the petitioner.
Attorney: Warshaw Burstein LLP
In late 2011, Jane Roe accused John Doe of sexual assault, claiming that he would whip, burn, gag and use other masochistic devices against her during sexual activity. Although they engaged in such sexual activity multiple times, the university hereto found Doe guilty of violating several counts of the student code. Doe is suing the university for discrimination of sex and for due process infractions, such as an assumption of guilt and the withholding of evidence during the internal investigation.
Attorney: Wicks Law
Peter Yu and Mary Claire Walker were Vassar students and members of the college’s rowing team. The two students consumed alcohol at a team party in February 2012; one of Walker’s friends seems to have thought she was very drunk. After the party ended, Walker accompanied Yu back to his room. They started to have intercourse, but Yu’s roommate entered the room and interrupted them; Walker then said she didn’t want to go any further, and she left. The complaint quotes numerous, seemingly cordial Facebook exchanges between Walker and Yu over the next year, before Walker–on last day she could under Vassar procedures, a fact that is critical in retrospect–made a campus claim of sexual assault. She never filed a criminal complaint, nor did she, it seems, obtain a medical exam after her evening with Yu. Though Walker waited a year to file her charges, Vassar gave Yu almost no time to mount a defense: he was found guilty and expelled from the college two-and-a-half weeks after the complaint was filed. On March 31, 2015, the case was dismissed.
Attorney: Nesenoff & Miltenberg LLP.