May 12, 2018

DISPATCHES FROM THE EDUCATION APOCALYPSE: Male Student Accuses Female Student of Sexual Assault. She Says He Wanted Revenge.

Doe woke up, realized they had engaged in sexual activity while they were both drunk, and feared that she would file a complaint against him, as she had done to his friend. Panic-stricken, he felt he had no choice but to beat her to the punch.

Indeed, if you suspect you are going to become the subject of a Title IX investigation, the optimal strategy may very well be to file the first complaint. For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant, and presume the other party is the wrongdoer.

As Robby Soave writes at Reason, “Title IX creates a prisoner’s dilemma: students have to file sexual misconduct complaints to avoid becoming the accused.” Read the whole thing.