@mom2and is right JOD. Your comments are cryptic.
How about if you tell us your theory of the case? Not hints and clues. Just a straight up paragraph telling us what you think happened. .
Do you have a copy of his contract? Do you even know what his contract rights are, or what procedures led to this arrangement?
Maybe he should have been offered a significant tuition discount since he wasn’t able to access portions of the campus and/or facilities.
You continue to do it. Here’s another similar statement from you;
“That seems to insinuate you think he did something to her that frightens her.”
We already know the victim is frightened because the male student looks like her assailant. Why do you then have to conclude I think he “did something to her”?
Is the “something” you are referring to the “something” we already know, or are you assuming a different “something”?
I’m not giving you clues about the case, and it’s offensive for you to suggest that’s what I’m doing.
I was hoping @Hunt would do that, but he didn’t say too much about the Title IX responsibilities of an institution of higher education.
Even with the recent Title IX stretching, protecting students from bad memories evoked by lookalikes is a reach.
What responsibilities does the college have towards the female student, under Title IX?
If you are arguing that it’s a hostile environment because she thinks one guy looks like another I do not think you are going to get very far. But, carry on.
Federal law states that students are entitled to a safe educational environment free of sexual harassment and colleges must provide it at the risk of losing their funding.
What are they required to do if she makes any complaints?
Interesting. Even when directly invited to tell us what you think happened, you won’t.
I’m sure some people feel important when invited to do something, but I’m not one of them.
Well, she can make a complaint. Anyone can make a complaint about anything and they will investigate her complaint and if the only issue is his looks it will most likely be tossed out. But, you never know. Interestingly, he also has a right to an education free of sexual harassment so being accused of looking like a rapist and being barred from certain areas on campus could keep his attorneys busy as well. It is all ridiculous, though.
Okay, you’d like to toss it out, but that’s exactly what colleges are in hot water for right now - tossing out complaints of sexual assault under Title IX.
And, so far, the rest of your approach has been to simply state it’s not a hostile environment, but I guarantee you that the rape victim will continue to feel that her access to education is threatened.
What I said was the OCR would probably toss it out and I said probably and what I would do is irrelevant. And, the guy in this ridiculous situation also has a complaint about a hostile environment he could file with the OCR. This is not about an assault, it’s about a resemblance to someone, somewhere who allegedly assaulted her in the past. It’s even not something that happened on the campus. The college does not have a responsibility to protect her from bad memories even under the broadest interpretation of Title IX.
And, furthermore, that is impossible.
Except that, in this hypothetical, no one has committed sexual assault or is threatening to commit sexual assault (after investigation that the other student is not the one who previously committed sexual assault). So the complaint no longer has any basis with respect to this particular other student.
Would you like to answer the question posed in reply #150, quoted below? If you were the university, what action would you take if the student complained about the presence of black men creating a hostile environment for her? Would you claim that Title IX requires that the university restrict the movements of black men on its property?
Title IX: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Very short. Originally was used mostly for women’s athletics, although that wasn’t the original intent at all. Shortly after Title IX was passed, the military academies and other formally all male schools admitted women. In the 1990s, sexual harassment suites were brought under Title IX. More recently, a duty to investigate harassment claims has been imposed.
However, ‘investigate’ doesn’t mean the person filing a complaint automatically wins. The duty is to provide an education free of sexual harassment, and if the investigation finds there has been no harassment/assault/crime, the school can close the matter as it IS providing a harassment-free educational environment. There have been no findings (that I’ve uncovered anyway) where the school must provide an environment where the student doesn’t FEEL harassed, only one in which she isn’t harassed.
By the way, Title IX applies to men too. They have a right not to be harassed, and a false accusation might be considered harassment, especially if the accuser continues to make the claims when they have been proved false.
Popular notion among people with no knowledge of the law, but for obvious reasons, no, he doesn’t have a complaint. Not about that at least.
I’m disappointed it’s you posing this ridiculous question.
Why is the question ridiculous? It involves a female student who feels threatened by men on campus who look like someone who attacked her, just like the hypothetical you have been cryptically posting about. Why don’t you want to answer the question, as it is analogous to the hypothetical?