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He seeks an injunction that would reverse the findings and sanctions against him, expunge his record and reinstate him to his position at the university. Sexual assault is a growing issue on many college campuses and several have taken steps to prevent the problem.
For example, in August, Stanford University announced a ban on hard liquor from undergraduate parties on campus.
Elkhart, a small industrial town, has a diversified manufacturing base. Among other areas with this profile, Elkhart and Goshen have a better-than-average set of museums.
A typical small Midwestern town, Goshen, to the southeast, has an agricultural base, an extension of some Elkhart manufacturing, and Goshen College. There is also a large Amish and Mennonite community east of Goshen.
In Indiana's most recent case, an unnamed male student last week filed a federal lawsuit in U. District Court in Northern Indiana against Notre Dame.
The 47-page complaint states that the university violated Title IX of the Education Amendments of 1972 by discriminating against him on the basis of his sex and denied him his Fourteenth Amendment right to due process.“We don’t have any comment on what is pending litigation,” said Dennis Brown, a spokesman for Notre Dame.
The above situation has a common thread in many university complaints, Little says."There is a totally one-sided system that is absolutely loaded in favor of the accuser," he told Indy Star. The 19-page letter contains directives on how schools should address sexual assault and misconduct to comply with Title IX.
Among other things, the letter calls on schools to use a "preponderance of the evidence" standard over the more stringent “clear and convincing standard.”As a result of that directive, said Little, there has been a surge in universities mishandling investigations and wrongfully expelling male students for fear of losing federal funding.
In Indiana, the number is six lawsuits since 2011, with one lawsuit filed in 1993, according to the database. center for the manufacture of recreational vehicles, marching band and other musical instruments, and firefighting equipment.Even with the economic diversity, the area is vulnerable to economic cycles, particularly in the RV industry, which is also prevalent.Andrew Miltenberg, the Purdue student's lawyer from New York law firm Nesenoff & Miltenberg, told Indy Star in January that he believes schools' risk management systems favor punishment of innocent male students for fear of backlash from victim advocate rights groups. KC Johnson and Stuart Taylor Jr., co-authors of “The Campus Rape Frenzy: The Attack on Due Process at America's Universities," said in a recent Los Angeles Times interview that "the vast majority of schools we studied now use procedures that stack the deck against accused students.""Not only should the Department of Education scrap these federal mandates, but sexual assault allegations should be handled by the same police and prosecutors who deal with all other serious crimes," they said.
In the Notre Dame case, the plaintiff is demanding a jury trial.
Agostino in South Bend."John was told virtually nothing about the accusations Jane had made, despite repeatedly asking for the specific conduct he was alleged to have engaged in," the suit said.