IHE: $5.3M Award to Student Falsely Accused of Sexual Misconduct

[Wahoo Redux]

IHE: Jury awards former Clemson student falsely accused of sexual misconduct $5.3 million on defamation and civil conspiracy claims. The case has implications for the future of Title IX.

A South Carolina jury awarded a former Clemson University student $5.3 million on defamation and civil conspiracy claims last week, the result of a five-year legal battle stemming from unfounded charges of sexual misconduct in 2015.

The lawsuit was against three individuals—not Clemson. But campuses across the country took note.

"That's a chilling award," said Peter Lake, Charles A. Dana Chair and director of the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. "That kind of award, if it stands and isn't remitted in some way, is very impactful on college business and insurance operations. I would assume that every college in South Carolina is meeting this week to talk about the implications of this. And what's going to start happening, if you get more of these verdicts, is more Title IX systems will be literally supervised by attorneys. Colleges will have teams of lawyers."

[marshwiggle]

IHE: Jury awards former Clemson student falsely accused of sexual misconduct $5.3 million on defamation and civil conspiracy claims. The case has implications for the future of Title IX.

A South Carolina jury awarded a former Clemson University student $5.3 million on defamation and civil conspiracy claims last week, the result of a five-year legal battle stemming from unfounded charges of sexual misconduct in 2015.

The lawsuit was against three individuals—not Clemson. But campuses across the country took note.

"That's a chilling award," said Peter Lake, Charles A. Dana Chair and director of the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. "That kind of award, if it stands and isn't remitted in some way, is very impactful on college business and insurance operations. I would assume that every college in South Carolina is meeting this week to talk about the implications of this. And what's going to start happening, if you get more of these verdicts, is more Title IX systems will be literally supervised by attorneys. Colleges will have teams of lawyers."

From the article:

But according to Pampu's complaint, Wingo had been pursuing him and initiated the sexual contact the night in question, which happened to be his birthday, Oct. 25. Friends reported that Wingo was not intoxicated, and she remembered the encounter well enough the next morning to text Pampu and say, "don't tell [Colin Gahagan, her on-again, off-again boyfriend] what happened."
It was only after Gahagan found out about their hookup that Wingo claimed she had been incapacitated at the time. Gahagan reportedly told her, "If you don't remember, then it's rape."

The two began calling Pampu a "rapist" to their friends.

Clemson's investigation found Pampu guilty of sexual misconduct and suspended him for one semester. When he appealed, his suspension was extended another 12 months.

It's apalling that someone would knowingly and falsely accuse someone of sexual assault in order to avoid admitting their own infidelity.

And the institution punishing him for appealing is vile. Asking for due process is a crime????

[Ruralguy]

This isn't generally how things are handled. We have learned and evolved in 7 years, though even then we weren't this bad (if anything we were erring on the side that would hurt victims, not accused perpetrators--"respondents" that is).

[dismalist]

Maybe the source of the problem is in Title IX, and not our stars.