{"id":115803,"date":"2021-02-02T14:17:59","date_gmt":"2021-02-02T19:17:59","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=115803"},"modified":"2021-02-02T14:27:02","modified_gmt":"2021-02-02T19:27:02","slug":"she-accused-him-of-sexual-assault-the-school-said-she-wasnt-incapacitated-but-did-not-consent-when-she-said-yes","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/she-accused-him-of-sexual-assault-the-school-said-she-wasnt-incapacitated-but-did-not-consent-when-she-said-yes\/","title":{"rendered":"She Accused Him Of Sexual Assault. The School Said She Wasn\u2019t Incapacitated But Did Not Consent When She Said \u2018Yes.\u2019"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">40<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fshe-accused-him-of-sexual-assault-the-school-said-she-wasnt-incapacitated-but-did-not-consent-when-she-said-yes%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=115803&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A black male Dartmouth College football player is alleging the school discriminated against him based on his sex and race when he was suspended for two years based on the allegations of a female student.<\/p>\n<p>The male student, referred to only as John Doe in court documents <a href=\"https:\/\/www.concordmonitor.com\/Dartmouth-student-sues-school-for-alleged-discrimination-after-Title-IX-case-38600594\">obtained<\/a> by the Concord Monitor, was asked by the female student, referred to as Sally Smith, to walk her home after she had been partying on campus. Sally called John because \u201cdidn\u2019t know where she lived,\u201d and John was sober, since he doesn\u2019t drink alcohol. John walked her home and the two allegedly sat in her dorm and talked for a while before John asked Sally if she wanted to have sex. John\u2019s lawsuit claims Sally said \u201cyes\u201d twice and that the two students had sex for just two or three minutes before stopping.<\/p>\n<p>The next day, Sally asked John to meet with her and had a friend listen in on the conversation without letting John know. Sally told John she hadn\u2019t wanted to have sex with him and asked, \u201cdo you think I was in the right mindset to say yes?\u201d A few days later, Sally reported to Dartmouth\u2019s Title IX office that John sexually assaulted her.<\/p>\n<p>Dartmouth determined that John had sex with Sally \u201cwithout her valid consent,\u201d though it found that she was not incapacitated, which is the standard for whether someone is too drunk to consent. The school made this determination despite John\u2019s claim that Sally said \u201cyes\u201d to sex twice.<\/p>\n<p>John is now suing, and his attorney, Amy Spencer, wrote in the lawsuit that Sally may have misremembered the night due to her intoxication, which again, Dartmouth found to not be at the level of intoxication. Not remembering an event clearly doesn\u2019t mean someone was too drunk to consent, as neither they nor the other party can possibly know that their brain is not processing short-term memories.<\/p>\n<p>John\u2019s lawsuit argues that Dartmouth\u2019s Title IX administrator, a white woman who was not named in the filing, showed \u201cimplicit racial and sex-based bias\u201d against the accused football player.<\/p>\n<p>\u201cFor example, Doe said he had asked Smith if her roommate was home to see why she hadn\u2019t called her when Smith couldn\u2019t remember where she lived, but the investigator said he was \u2018casing\u2019 her living quarters,\u201d the Monitor reported. The investigator also allegedly wrote that John \u201cyelled\u201d to Sally in the dining hall the morning after their encounter, while John said he merely \u201ccalled out\u201d to her.<\/p>\n<p>\u201cMany of the inferences the Investigator drew from the evidence were based on this underlying biased and stereotypical view of (the plaintiff) as an aggressive, hypersexual Black male,\u201d the lawsuit says.<\/p>\n<p>John also says in his lawsuit that he asked Dartmouth to include at least one black person on the panel that would hear the accusations against him, but the school claimed \u201cit had no African American person available to serve on his Hearing Panel.\u201d<\/p>\n<p>Further, John\u2019s lawsuit says, \u201cat least eight Black football players before Doe had been suspended or expelled following Title IX proceedings\u201d over the past 15 years, while no white players faced the same punishment.<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <\/em><a href=\"https:\/\/www.dailywire.com\/subscribe\"><em>member<\/em><\/a><em>. <\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A black male Dartmouth College football player is alleging the school discriminated against him based on his sex and race when he was suspended for two years based on the &#8230;<\/p>\n","protected":false},"author":1,"featured_media":1892474,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[4029,4767,4048,3924,4859,4862],"class_list":["post-115803","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-accused","tag-assault","tag-said","tag-school","tag-sexual","tag-wasnt"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/115803","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=115803"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/115803\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1892474"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=115803"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=115803"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=115803"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}