Schools Charged with Unfair Treatment in Sexual Misconduct Cases

The University of Dayton in Ohio has been charged with unjustly ruling
against a student charged with rape. UD basketball player, Dyshawn Pierre,
has brought a lawsuit against his university saying that his case was
inappropriately handled. He was suspended after a female accused him of
sexual misconduct in an incident he said was consensual.

Pierre’s attorney Peter Ginsberg claims the school did not treat
his client’s case fairly. According to the suit, the hearing process
only lasted 20 minutes. It allegedly consisted of investigators and hearing
board members who were ill-equipped to deal with a rape case. According
to the report, the hearing board members involved primarily professors
and university administrators who do not have experience in criminal investigations.

According to the lawsuit, under Title IX, the university did not need extensive
proof in order to convict Pierre. The Montgomery County Prosecutor’s
Office did not press charges because they did not have enough evidence.
However, because of Title IX, the universities need only prove that the
incident “more likely than not” occurred, rather than “beyond
a reasonable doubt,” as is required in criminal charges.

This lawsuit comes in a long line of other suits filed against colleges
in Ohio. Since March, six cases of unfair hearings have been filed against
schools such as University of Dayton, Ohio State University, the University
of Cincinnati, Ohio University, and Marietta College. Attorneys believe
the recent pressure from the government and civil rights groups cause
universities to act quickly and strictly against the accused. Attorneys
like Ginsberg credit the fear of losing funding as a motive for the harsh
judgements.

UD, like many other universities, allegedly have little protection rules
in placed for the accused party. At Koffel Brininger Nesbitt we believe that
everyone is innocent until proven guilty and entitled to a fair due process
of the law. If you have been accused or treated unfairly in a sexual misconduct
case, contact our Columbus attorneys today to learn about your legal rights.