I’ve now read a bunch of articles about this Grant Neal suit, and from what I understand:
The school felt, under the OCR and Dear Colleague, that it had to investigate the complaint even if the alleged victim said there was no crime and that it was consensual (that she may be saying that to protect her boyfriend and not because it is the truth). Where is the respect for her agency and her wishes in this matter?
The guilty verdict and punishment seems to stem from the one moment where he penetrated her without a condom. He seemed to have consent up to that point; when she withdrew consent, he stopped and asked if she would like to continue with a condom. She said yes, let’s continue. and they did so.
Isn’t that what we say partners should do? He may have misinterpreted a cue at a certain point, but he took immediate steps to remedy the situation to her satisfaction.
Jane Doe has testified she was not raped and that their encounters were consensual—and the school still kicked him out. Am I missing something here?