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.