A former Syracuse University student filed a federal lawsuit against SU and four administrators Monday, claiming the university led an “inadequate and biased” Title IX investigation of a sexual assault complaint that led to his expulsion.

The plaintiff, referred to as John Doe, said the investigation failed to meet the standards of the U.S. Constitution, federal and state laws and SU’s Code of Student Conduct, according to court documents. 

Chancellor Kent Syverud, Assistant Dean of Fraternity and Sorority Affairs Pamela Peter, Associate Vice-President of Equal Opportunity and Title IX Officer Sheila Johnson-Willis and Equal Opportunity and Title IX Investigator Bernard Jacobson are listed as defendants in the lawsuit both individually and as agents of the university.

At the time of the investigation, Peter was an assistant dean and director of the Office of Student Rights and Responsibilities. 

The plaintiff also states that the university failed to follow proper Title IX protocols. Doe’s dream of graduating from SU was “destroyed as a result of a disciplinary case based on false accusations of sexual assault,” the plaintiff states in the lawsuit.

The plaintiff alleges that SU and the administrators violated seven Title IX guidelines during the investigation, including ignoring evidence, or a lack of evidence, and gender bias.

Doe is seeking damages for emotional, mental and economic harm allegedly caused by SU and the administrators, the lawsuit states. SU has yet to respond to the complaint in court as of 5 p.m. on Wednesday.

Doe was a member of the Delta Kappa Epsilon fraternity during his time at SU and was elected president of the organization in spring 2016, according to the lawsuit. 

The sexual assault complaint stemmed from a joint party between DKE and the Kappa Kappa Gamma sorority at the DKE fraternity house, according to court documents. The party occurred on the night of April 22, 2017 and continued into the morning.

John Doe and Jane Roe, whose names are redacted, interacted throughout the party and at a pregame before the party before they “spent the night” in Doe’s room at the fraternity house. They woke up the next morning fully clothed, and neither remembered what happened during much of the party, the lawsuit states.

Roe reported a sexual assault on April 24, 2017 while at Crouse Hospital, and a sexual assault nurse examination was conducted. Following the report and examination, both the Syracuse Police Department and Onondaga County Assistant District Attorney Maureen Barry conducted investigations into the matter.

Both SPD and the District Attorney office said there was no credible evidence of a sexual assault. Barry stated that Roe’s lack of memory and the lack of witnesses of the incident made it “impossible to prove that she articulated an unwillingness to act upon any sexual conduct that may have occurred.”

Roe told Jacobson, who investigated the incident for SU, that she started to remember parts of the night after meeting with a therapist, according to the lawsuit. This was after SPD and the ADA investigations.

The lawsuit alleges that Jacobson, SU’s Title IX investigator, tainted the investigation with “investigator bias,” largely because of his background with the U.S. Army’s Special Victims’ Counsel. The plaintiff saw several questions and potential investigative methods Jacobson used as biased.

The plaintiff also criticizes the University Conduct Board’s methods and accuses the board of bias in favor of the accuser by finding the sexaul assault nurse examiner’s evidence as credible despite not obtaining the report.

Doe was a junior civil engineering major set to graduate from SU in 2019, according to court documents. 

SU’s Code of Student Conduct states that the adjudication process for conduct violations is designed to ensure the fair and equal treatment of both those reporting and being charged with a violation. 

“Consistent with University policy, we do not comment on pending litigation,” said Sarah Scalese, senior associate vice president for university communications, in a statement to The Daily Orange.

The amount Doe is suing the university for will be determined in a trial, if the plaintiff is granted one. Damages include emotional distress, psychological damages, loss of educational and career opportunities, reputational damages and economic injuries, according to the lawsuit. It will also include attorneys’ fees, expenses and costs.

SU suspended or expelled at least 40 students for alleged sexual misconduct over a recent four-year span, according to a once-confidential list of formal Code of Student Conduct complaints. The university has attempted to make this list private.

Seth Zuckerman and Priya Chaudhry from ChaudhryLaw PLLC, which represents Doe, said in an emailed statement that SU’s “extreme policies treat males accused of sexual assault, regardless of the lack of evidence, as guilty until proven innocent.”

They added that SU is “no longer a safe place for male students” and said their client was denied due process in SU’s investigation.

— Special Projects Editor Sam Ogozalek contributed reporting to this article. 

Published on November 28, 2019 at 1:23 am

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