07/14/2015 Jonathan Taylor

LANDMARK VICTORY for due process at UC San Diego

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1. DOWNLOAD THE ORDER BY JUDGE PRESSMAN HERE. READ IT.
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Sound the trumpets far and wide, and share this with your friends and neighbors. Vindication for the wrongly accused has been obtained in the recently-decided case Doe vs. Regents of the University of California-San Diego (UCSD). In this case you will see hard evidence of how this pit of vipers – otherwise known as the UCSD Student Life administration –  railroaded a wrongly accused student through a judiciary process so twisted that it insults the very notion of justice.

This is not a settlement case; as one that has carried itself full-term it establishes a precedent for future cases. Furthermorethe Order by Judge Joel M. Pressman was granted in behalf of the wrongly accused in the name of due process, a phrase which resounds throughout his writing. That makes this a direct hit (albeit one of many that we will ultimately need) on the framework of higher education policy that we need to dismantle.

Background

This case involves John Doe (age 20) and Jane Roe (age 19).  The Complaint argues that John Doe was “effectively expelled from UCSD for allegedly trying to touch Jane Roe in a manner that was unwanted in the morning of February 1, 2014.”

Also, for “four and half months after the February 1, 2014 incident Jane Roe referred to her 24 encounter with Petitioner that weekend as ‘rape.'”  Somehow she was able to have admittedly consensual sex with her “rapist” later that same day and send him loving text messages – evidence later suppressed during the administrative hearing.

The Dean of Student Affairs Sherry L. Mallory is a notable “women’s ‘rights’ advocate”; I trust we know what that is code for. According to the Complaint she is “co-chair of the NASPA Western Regional Conference, which advocates against rights for accused male students, including against the right to counsel, against the right to challenge adverse findings in court, and against the right to obtain monetary damages for false accusations.”

John Doe was “tried” in a hearing that was basically a sham, and the panel’s judgment (“findings”) were entered against him by SCSD in December 2014. He then sought to appeal the case to have the school look at it again only for Dean of Student Affairs Sherry Mallory to punish him further for appealing. As mentioned in the Complaint:

..at each step where Petitioner disagreed with UCSD and exercised his right of appeal, UCSD substantially increased his sanctions, as if in retaliation and so as to discourage Petitioner and other similarly situated students from exercising their legal rights to appeal.

This is obscenely corrupt behavior on the part of Dean Mallory.

Attorneys Matthew Haberkorn and Mark Hathaway represented John Doe in this case. The legal Complaint against UC-San Diego was filed on April 2 of this year. Judge Pressman granted the Order on July 10 in behalf of John Doe. While John Doe’s work with the attorneys in this case lasted ~8 months, this case went from Complaint filing to Order in three and a half months. Not bad.

The bogus hearing

Here are the members of the Administrative Panel (hereafter referred to as The Panel):

  • Panel Chair – Ms. Rebecca Otten, Director of Strategic Partnerships/Housing Allocations
  • Panelist – Mr. Jeffrey Hill, Assistant Director (The Village) of Residence life
  • Panelist – Mr. Kris Nelson, Representative of the Graduate Student Association.

Look at their titles. “Strategic Partnerships and Housing Allocations”? “Representative of the Graduate Student Association”? And so forth. Does anyone seriously think these people, either individually or collectively, have the competence to hold a trial for sexual assault and determine guilt?

I will briefly list the key flaws of this sham hearing below; for a more thorough breakdown read the Order granted by Judge Pressman.

  1. The case turned upon the word of the accuser alone.
  2. Jane Roe “admitted that she voluntarily continued consensual sexual activity with Mr. Doe later that very same day.” This evidence was not considered by the Panel, which disregarded it entirely.
  3. John Doe was denied the right to confront his accuser and was not allowed to ask her anything directly. When he sought to question or scrutinize Jane Doe’s accusations his questions were forwarded to the Panel Chair Rebecca Otten, who then determined which questions would be allowed to be asked of his accuser. In particular, Rebecca Otten “refused to ask [Jane Doe] questions 13 through 19, which concerned Ms. Roe’s text messages to Mr. Doe.” These texts revealed John Doe and Jane Roe’s relationship after the “rape.”
  4. Not only did Panel Chair Rebecca Otten deny John Doe’s questions to be raised, she allowed the accuser to only halfway answer the questions he was actually allowed to raise.
  5. The accuser was hidden behind a screen for the entire hearing so she could not be seen by the panel or John Doe. Judge Pressman noted that this is problematic, stating that it is important in any fact finding process to ascertain “demeanor and non-verbal communication [from the accuser] in order to properly evaluate credibility. This is especially true given that the panel made findings in this case from Ms. Roe’s testimony and her credibility.”
  6. The Panel relied on the hearsay and testimony of people who weren’t even present at the hearing.
  7. Even worse, after submitting hearsay as evidence The Panel denied John Doe the opportunity to question or refute the hearsay!
  8. John Doe invoked his right to remain silent; however, the fact that he remained silent was noted by The Panel as suggestive of him being guilty. In any respectable court of law, remaining silent cannot be used to “prove” guilt.

There are so many personal fouls in this entire process at UCSD that it strains credulity to characterize the conduct of these administrators as mere negligence. The only difference between these administrators and ten thousand others is that this time they were caught.

There have been many other men tossed into the snake pit of an administrative hearing. Unfortunately, many of them did not find any semblance of justice. But the more we see cases like this, the more I have hope.

Jonathan Taylor
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Jonathan Taylor

Jonathan is Title IX For All's founder, editor, web designer, and database developer. Hailing from Texas, he makes a mean red beans n' rice and is always interested to learn new things.
Jonathan Taylor
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About the Author

Jonathan Taylor Jonathan is Title IX For All's founder, editor, web designer, and database developer. Hailing from Texas, he makes a mean red beans n' rice and is always interested to learn new things.

Comments (34)

    • disqus_ArQv6e31it

      No, Justice and the rule of law strikes back!

       
    • Alan Fournier

      Not patriarchy, John Doe. Don’t forget, these b!tches had male allies. I believe there is such a thing as patriarchy. Rather than oppressing women, it actually oppresses and treats mens value, rights, freedoms, justice, dignity and compassion as expendable. Both up here in Canada and down in the US it’s the same BS. Look at Obama and Biden. Up here we have Trudeau, and Mulcair, either of whom will probably be Prime Minister this coming fall. Even our present PM can’t lock up men fast enough. Look at the courts, police, academia, legislatures, media etc. There’s a war on men and boys. That’s why the MRM must be a grass roots movement.

       
      • xenonman

        Correct, and those anti-male men are much more our enemy than most feminazis!
        Yes, there are indeed still very strong paternalistic and patriarchal undercurrents, which serve to ensure the continued existence of this vile double standard which serves to greatly benefit women — particular those women who enjoy middle- and upper-class backgrounds!

        BTW, I thought that Trudeau was dead. That vile slut/wife of his, Margaret, was a real piece of work!
        Let’s not forget how the “progressive” and “enlightened” Trudeau proclaimed martial law in Quebec during the FLQ’s so-called “October Crisis” in 1970.

         
        • Alan Fournier

          This is Trudeau’s and Margaret’s son, Justin.

           
          • xenonman

            I would be afraid of any descendant of Margaret Trudeau living at 24 Sussex Dr.. ! lol

            Can you imagine Chelsea Clinton running for national office? I dread the thought!

             
  1. These kangaroo courts need to be ended. It is imperative that schools allow non-university police to handle these accusations.

     
    • xenonman

      Which begs the question as to why universities are in the law enforcement business at all?

       
      • Exactly. There shouldn’t be university police. I could see local pd having a unit just for handling on-campus issues, but that is as far as that goes. Besides, can we really trust university police from enforcing the law against the Dean?

         
        • xenonman

          We can NOT trust any police force which is answerable ONLY to the chancellor of the university, but which nonetheless has usurped full police powers (including that of arrest) over ANY citizen of the county or state (irrespective of university affiliation or not)

           
  2. Janet Wilkinson

    Are they going to re-enstate him ? Assuming he was expelled surely he is going to be given his place back and she (as a false accuser) is going to be suspended ?

     
    • He is open for reinstatement, assuming he wants to give the school more money by enrolling there again.

      According to the legal documents it believed that Jane Roe was no longer a student at UCSD before the Spring 2015 semester, but it is not made clear in the legal documents (and ~99% unlikely) that this is the result of UCSD taking action against her.

       
      • Janet Wilkinson

        Shame they don’t take action against these charlatans. It would take a few solid backfires and criminal cases to be bought against false accusers and it would start to stop the current trend.

         
        • xenonman

          Unfortunately University bureaucrats (particularly those at public institutions) have been led to believe that they are above the law and accountable to no one but the president/chancellor of the university or college!

          At public institutions universities have been able to usurp full executive, legislative, and judiciary powers, under the giuse of “academic freedom”!

           
  3. xenonman

    It is critical to fight back against these cowardly university administrators by the only method which they will understand: Litigation.

    Let’s hope that this decision does not remain unique!

     
  4. disqus_ArQv6e31it

    Finally, the fundamental democratic concept of due process and innocent UNTIL PROVEN guilty, for which millions of men died to protect, is being recognized after the attempt by feminists to destroy it. Let’s hope this is the beginning of the return to sanity in our gynocentric midandrist society.

     
  5. Darlene Monsour

    We The People are on the Rise… We have a voice and we have certain inalienable rights which supersede the Government..

     
      • Darlene Monsour

        Perception Changes Everything Written on July 15, 2015 by darlenemonsourEdit This ——————————

        *People can be prisoners of their own concepts and ideas .It is with your thoughts, then, that we must work, if your perception of the world is to be changed. If you realized how powerful your thoughts are, you would never think a negative thought. Native American Music thoughts.*

        *In today’s’ societal views we tend to react to the hyper gamy which is set before us.. When we see a negative response we react in connotations to the degree of measure… *

        There are several gregarious connotations which may or may not elevate our mood… When we input this into our conscious regions we should take a bit to ponder on our reactions before we react… Society teaches as well as dictates most of our cognizant reasoning by channeling thought patterns to the negative regions of our subconscious thoughts. There is very little which is introduced to hinder our reactions… This approach is latent which becomes more challenging. Replacing this with a more positive calm approach changes perspectives… Therefore when we are surrounded by a dysfunctional archetype of setting we become more programmed to a reaction which is outside of our normal range.. Introducing a hyper-reaction… An introduction of Teaching in a more positive mode can be advantageous for all students.. Adapting an approach in Teaching which brings out the best in all Students nets a much higher ratio of Higher Academics.. If we could Introduce a program which highlights more of Native American True Heritage this would actually enrich the Teaching and Academic Levels… The Male perspectives as well as the Female perspectives would be more congruent and magnify GPA; Positive Achievement Studies and better classroom atmosphere… We are all here to learn from each other let it be of a positive format instead of the stalemate aggregation which creates a disharmony.. In close I must iterate that these same Technics were introduced by myself while Teaching all Students yet included that of Special Needs Students in a much more positive reception.. Darlene Monsour Teaching through Positive Perspective & Electives.
        Share the joy

         
  6. max_hedroom

    We can thank Michelle Obama, Valerie Jarret and their puppet Barack for this hijack of the US Constitution. The absurdity of the star chamber proceedings has reached such a fever pitch that even liberal jurists are seeing that it is a threat to the entire legal system. Next we need to punish the false accusers and then it stops.

     
    • xenonman

      Don’t forget such vile figures as Hillary and Bill Clinton!

       
      • AuronZanark

        Hillary Clinton is running for the White House. Let’s vote Republican.

         
        • xenonman

          First, let’s wait and see how Bernie Sanders’ campaign fares.

           
  7. marcetienne

    This is a very important victory. This kind of litigation needs to continue. The only group in California that went on record in the legislative record officially opposing the informed consent legislation was the National Coalition For Men (NCFM). No liberal groups, no civil rights groups, no conservative groups, nobody else. I’m proud to be a 20 year member of and NCFM. And thank you A Voice For Male Students for all you do.

     
  8. Joe Joe

    Fantastic news!

    A little bit on each of the UCSD players:

    Sherry L. Mallory is Dean of Student Affairs for Revelle College, which is one of the most competitive schools on UCSD’s campus. Her picture is here: http://revelle.ucsd.edu/student-life/staff/ She has been at UCSD since 2012: http://interwork.sdsu.edu/web_bios/smallory.htm

    Here’s her background:

    Sherry Mallory serves as the Dean of Student Affairs for Revelle
    College at the University of California, San Diego. Before arriving at
    UCSD in 2012, she was the Associate Dean of Students at Western
    Washington University and served an adjunct instructor in the Student
    Affairs Administration program, teaching the capstone seminar – Current
    Issues in Student Affairs and Higher Education. Prior positions at
    Western Washington University, the University of Arkansas, and the
    University of Arizona include Special Assistant to the Vice President
    for Student Affairs, Assistant to the Vice Chancellor for Student
    Affairs, and Director of Research and Assessment for Student Life. She
    holds a Ph.D. in Higher Education from the University of Arizona and a
    B.A. in Psychology from the University of California, Santa Cruz.

    Sherry is an active member of NASPA: Student Affairs Administrators
    in Higher Education. She has served on the NASPA Board of Directors, as
    Chair of the Public Policy Division; as national Co-Chair of the Women
    in Student Affairs Knowledge Community; on the planning committees for
    the 2002, 2009, and 2013 national conferences; as a member of the Region
    IV-W, V, and VI advisory boards; and on the Editorial Board for the
    Journal of Student Affairs Research and Practice. Her professional
    interests include legal and public policy issues, the factors that play a
    role in student success, and involvement in professional associations.

    She is apparently ALSO an adjunct across town at SDSU: https://twitter.com/sherrymallory where she teaches courses in student affairs for the M.A. in Post Secondary Educational Leadership. (Education departments are notoriously ideological in US.) What I still can’t find are her publications. I have looked on JSTOR and haven’t found anything under her name.

    Ms. Rebecca Otten has been at UCSD since 2005, but in her current position less than a year. She was new in her position when she dealt with John Doe’s case.
    https://www.linkedin.com/pub/rebecca-otten/a9/683/616

    Mr. Jeffrey Hill, Assistant Director (The Village) of Residence life has been in his current position longer, about 4 years.
    https://www.linkedin.com/pub/jeff-hill/76/426/963

    Mr. Kris Nelson is a student, a PhD Candidate in the history of science. He has a JD, according to his website, and seems to be the only one with a legal background:
    http://acsweb.ucsd.edu/~k8nelson/

    The 2012 start date of Dean Mallory and the 2013 start date in her position of Rebecca Otten are, I think significant.

    UCSD was thrust into the social justice hurricane in 2010, when a handful of fraternity brothers had a private party, off campus, called the “Compton Cookout.” (You can google the term to get the full story). The party was not an approved fraternity party and the inspiration for the party came from a black comedian: https://www.youtube.com/watch?v=y95G-LH885Y. The goal of the party was to dress like Compton gangstas and other insulting African American stereotypes.

    Because the party was not an official frat party, was private, and off campus, Chancellor Marye Ann Fox’s hands were tied legally. She addressed the issue by sending out a letter of condemnation and holding a university-wide “teach in”. The Black Student Union, already justifiably upset, were further irked by the fact that the “teach in” was filled with gay faculty talking about GLBT rights and feminist faculty discussing discrimination against women. The BSU felt that the university had lost track of the main problem, and indeed they seem to have done.

    While the BSU was on a student radio program talking about their frustration, the 25-year old Armenian-American senior editor of the student satirical paper, Koala, let loose the full n-word on the air, directed toward the BSU. Safe to say, all hell broke loose. (Koala ended up being defended by FIRE for this outburst and for other subsequent issues at Cal State San Marcos.) The administration shut down ALL funding for all student activities on campus just to shut KOALA down. That was when FIRE was called in by KOALA.

    Matters really came to a head when a noose was found in Geisel Library. The noose turned out to be a rope left as a joke by an unidentified foreign student who had no idea of the racial implications. However, the die was cast, and UCSD was prodded into hiring more “diversity coordinators” and administrators sensitive to diversity issues. (All this for a handful of frat brothers who should have been smacked across their collective bottoms, but that’s another story.)

    UCSD had rocky road with diversity hires. Only one year later, in 2011, UCSD fired the newly hired diversity fundraiser, Ana Baiz-Torres (http://www.sandiegouniontribune.com/news/2011/jul/27/diversity-fundraiser-sues-ucsd-over-firing/). However, in 2012 a new Vice Chancellor for Equity, Diversity and Inclusion was hired, a newly established post. (http://news.wisc.edu/21063) The new chancellor, an African American female, was hired through a “women-owned executive search firm with a diverse consulting team.” A growing (and highly paid) administrative apparatus has grown since. (http://www.city-journal.org/2012/cjc0920hm.html)

    Diversity always brings with it everyone’s grievances, including the feminist juggernaut. I think it’s no accident that Dean Sherry Mallory was hired in the same year (2012), and that lower level diversity positions (like Rebecca Otten’s) were filled after that (in 2013). Crucially as well, Chancellor Marye Ann Fox left in 2012, and was the Interim Chancellor, David Ward, that hired Diversity Chancellor Linda Green.

    It’s clear that Sherry Mallory was being personally punitive toward John Doe in her repeated punishments of him. I am trying to learn more about her specific background, but I thought it would be nice to have the context.

    Add to this new diversity focus the Dear Colleague Letter and one can see how UCSD ended up in this mess. The hirees are different now

     
    • Thank you for this. I’m going to feature your comment so it will be the first thing people see at the top of the comments section. Good work!

       
      • Joe Joe

        BTW, Sherry Mallory started at University of California, Santa Cruz. That’s one of the most leftist campuses in the UC system. There was a point where they didn’t even have grades. (That might have been while Mallory was there. It was pretty far back.) If you go on UC Santa Cruz’s campus, it’s like going back to the 60s in some ways, with coffee houses and social activism to spare.

         
  9. Mike Knowlton

    If it was rape, charges should have appeared in a real court not a circus like the school runs.

     
  10. AuronZanark

    I’ve seen many cases like this. I’m fed up with college women throwing college men into the snake pit of an administrative hearing. These women should be brought to justice, while these innocent men should be destigmatized. This case is a landmark and a glimmer of hope, since the villains in this case have been caught. No more false sexual assault allegations. No more kangaroo courts. No man will want to date a woman who has levied a false campus sexual assault allegation. There should be a sexual assault accuser registry. If the allegation is false or if the administrative hearing is a sham, the accusing female student should serve time in jail, and upon release register as a rape accuser.

     

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