Why Any Male Student Should Think Twice Before Applying to Washington & Lee University

This should terrify any parent whose son is about to head off to college or is presently matriculating anywhere in the Ivory Towers of academia.

The fundamental lack of due process and oppressive tactics used by university administrators at Washington & Lee University (W&L) should lead any family to keep their sons from applying to the university. Male students at Washington & Lee risk serious consequences if they engage in an entirely consensual sexual relationship with a female student who later is convinced to “regret” what she did, or who becomes jealous if the male student starts a relationship with someone else. That is exactly what happened in this case.

The story related to Federal District Court Judge Norman K. Moon, in a civil suit filed by a male student under an assumed name to protect his identity, reads like Kafka’s The Trial.

The student, “John Doe,” is suing W&L for money damages, claiming that his expulsion violated Title IX (the federal law prohibiting sex discrimination in education) and due process, and was a breach of contract. Plaintiff Doe’s key factual allegations, recounted in Judge Moon’s written opinion, are as follows:

John Doe met “Jane” at an off-campus party where they talked, danced, and made out -- a not uncommon occurrence among college students. While both of them drank at the party, Jane admitted she was neither incapacitated nor blacked out. At John’s invitation, Jane accompanied him back to his room. After talking for a while, Jane told John “I usually don’t have sex with someone I meet on the first night, but you are a really interesting guy.” She then took “off all her clothing except her underwear and led [John] to his bed, at which point she took John’s clothes off.” They proceeded to have oral sex, followed by sexual intercourse, including at one point where Jane switched positions “so that she was ‘on top.’” Jane never asked John “to stop or advise[d] him she did not want to have sex.” In fact, after they were done, they made out again and then Jane spent the night in John’s room.

When John drove Jane home the next day, they exchanged phone numbers. According to a witness statement prepared by the university, Jane spoke to one of her friends about the encounter that day, telling her friend she had sex and stating she “had a good time last night.” She did not suggest “that anything nonconsensual happened.” Jane and John became friends on Facebook and exchanged suggestive messages where it was clear that Jane did not regret what happened; in fact, a month later she had sex with John again that she “characterized later as consensual,” according to the court.

The facts show that what occurred was not only entirely consensual, but that Jane was more than just a willing participant. Jane continued to go to parties at John’s fraternity, where witnesses saw them interacting in an entirely unremarkable, normal manner. That is, until Jane saw John kissing another female “and left the party early, upset.” It became “public knowledge” that John and this other female “were an exclusive couple.”

Jane subsequently spent a summer break “working at a women’s clinic that dealt with sexual assault issues.” She applied to be a Peer Counselor at W&L, presenting as her qualification research she had done on “gray rape” through a Google search. She was apparently “happy to know that there was ‘some tangible definition’ for what she claimed to have experienced” and “she presented her desire to ‘voice [her] story.’” Gray rape is a newly coined term that, according to Cosmopolitan, refers to sex that falls somewhere between consent and denial.

Jane got upset when she applied for a study abroad program in Nepal and saw that John was also one of the applicants.  She talked to a “therapist” on the “evolution about how she felt about” her sexual encounters with John. Most significantly, she attended a presentation by W&L’s Title IX compliance officer, Lauren Kozak, on her article “Is it Possible That There Is Something In Between Consensual Sex and Rape … And That It Happens To Almost Every Girl Out There?”  Ms. Kozak’s thesis is that “regret equals rape”; that even if a sexual encounter is entirely consensual, if the woman later regrets what she did, the sexual encounter was actual rape. Jane then filed a sexual assault claim against John that was investigated by -- you guessed it -- Lauren Kozak.