The more I read about Title IX, the more I wonder why university students dare risk mingling with the opposite sex under any circumstances outside class:
The University of Cincinnati suspended a female student for allegedly engaging in nonconsensual sex with a male student who claimed he was too drunk at the time to approve the encounter.
The fact that this case involves a male accuser (“John Doe”) and a female aggressor (“Jane Roe”) makes it unusual among Title IX complaints. (Title IX is the federal statute that forbids sex discrimination in schools.) But the female student’s lawsuit against Cincinnati — which accuses the university of violating her due process rights — reveals something even odder: Roe had previously filed a sexual misconduct complaint against one of Doe’s friends.
Roe’s lawsuit, then, suggests that Doe filed the complaint against Roe as a kind of revenge for getting his friend in trouble. (I have an alternative theory, but I’ll save that for the end.)
“On information and belief, John Doe was motivated to file a Title IX Complaint in retaliation for a prior Title X Complaint Jane Roe had filed against his friend,” according to the suit.
Roe also contends that it was ridiculous to find her guilty of nonconsensual sex because of Doe’s drunkenness, but not find Doe guilty too: Roe was also drunk at the time, so under the rules she was just as unable to consent to sex as he was. While this might seem like a paradox — how can two young people rape each other? — it would actually be a straightforward application of affirmative consent, which requires all participants in a sexual encounter to proactively obtain freely given and unambiguous consent before proceeding.
[…]
According to The Cincinnati Enquirer, Roe said that she was being punished for “engaging in the same sexual freedoms that men on the campus enjoy.” It might be more accurate to say she is being held to the same standard — a standard that is, for many reasons, horrible.
Roe’s theory that Doe’s complaint was a form of revenge is interesting, and it could be true. Perhaps the whole thing was a setup — he lured her to his bedroom, feigned drunkenness, and initiated sexual contact, fully intending to race to the Title IX office the next day, no-one-wounds-me-with-impunity style.
Here’s an alternative theory: 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.
