Quotulatiousness

November 24, 2017

Rensselaer Polytechnic Institute makes Title IX applicable to non-students

Filed under: Bureaucracy, Education, USA — Tags: , , , — Nicholas @ 03:00

I only know about Rensselaer Polytechnic Institute due to the model railway club on campus, but the school should be more widely known now, if only as an object of derision:

Today, we’re writing about RPI’s attempt to subject a student from a different school to its disciplinary process — an attempt we’re only learning about because a court had to order RPI to stop violating the rights of John Doe (who used a pseudonym in his lawsuit). In a Nov. 6 ruling in Doe’s favor, a New York state court judge deemed RPI’s conduct “arbitrary” and “capricious,” and annulled RPI’s finding that Doe had sexually assaulted an RPI student.

This story begins in 2015 when Doe, a graduate student at a school that is not RPI, was in a relationship with an RPI student. Doe had never been a student at RPI. His only connection to RPI was his relationship with an RPI student. In the summer of 2016, after the relationship ended, the RPI student filed a Title IX complaint with RPI against Doe. As the court would later observe, the alleged conduct at issue in this case “took place off campus and was not in anyway (sic) related to an educational program or activity of RPI,” and that RPI “would have learned this from the complaint itself and statements made by the complainant.” Despite this, RPI launched an of Doe and interviewed him. Per the court, the interview constituted “a clear violation of [Doe’s] constitutional rights.”

It is not difficult to see why the interview raised concerns with the court. First, RPI conveniently failed to tell Doe why it needed to interview him in advance. Doe didn’t find out about the purpose of the meeting until just before it started, when RPI’s interviewers gave him some documents and told him he was the subject of misconduct investigation. If that weren’t enough to raise due process concerns, it was also “obvious” to Judge Raymond J. Elliott that there was “a language and a possible cultural barrier” between Doe and RPI’s interviewers. So RPI hauled Doe in for questioning without telling him why, sprung a serious charge on him, and failed to ensure that he understood what was going on.

[…]

But to say the court generally sided with Doe would be an understatement.

Most importantly, the court ruled that RPI went too far in asserting jurisdiction over Doe and subjecting him to its disciplinary process. The court held that RPI should not have interviewed him or included his statement in its report. The remedy in this case was voiding Doe’s statement, and because RPI relied on Doe’s statement, the court annulled the report. The court also found that RPI had “no legal authority or obligation … to report, inform, publish or share any information or documentation with [Doe’s] academic institution regarding this alleged incident, and that [RPI’s] determination that they have the authority to do so is arbitrary and capricious.”

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