Handling of Rape Claim at Brown

Colleges and Universities A-Z Brown University
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<p>@mgcsinc – the exact same thing can be said about the rape allegations. i completely agree with you about the fact that none of us know anything about what really happened and can’t speculate. my complaint is not with this case alone but with the system.</p>

<p>and that’s kind of my point too. allegations are just that – allegations and are often exaggerated or downright false. and they are also sometimes true. but you cannot act on an allegation alone. </p>

<p>and on that note, @jnori, yes, you cannot treat an accused person as a guilty person. “innocent people have nothing to fear from the truth” does not apply to cases of sexual assault where the stigma alone and culture of unconditionally believing the victim may as well be a conviction. so no, a university should not expel a student because of accusations. due process, anyone?</p>

<p>as far as the DA, plenty of innocent people are accused of crimes. and even if the case is later thrown out, the accused is going to have to put that on every job application he ever fills out. you talk about victims rights, but the accused have rights too. hell, the guilty have rights too!</p>

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<p>@mgcsinc, I think you totally misinterpreted all of my statements. Since I started giving my two cents in this discussion I’ve said nothing but trying to encourage people not to simply rely on the plaintiff’s complaint. I’ve also previously recommended that people not assume or take what we read in the reports as gospel because we don’t know what actually happened. Did you even read what I wrote? That’s all I’ve been saying since the get-go. Maybe you misinterpreted my urging of people to consider the other person’s side (the boy’s) as the only way to go. I was trying to encourage people to not rely on just the plaintiff’s complaints because there are always two sides to every story.</p>

<p>And Napoleon, that was my whole point from the start (your last few statements)! This is a messy situation for the boy even though I firmly believe that he has just as many rights as the girl! That’s why I said people shouldn’t put all their eggs in the girl’s basket and not even look at his side of the story.</p>

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<p>“my main problem with the situation is that it appears that the school did not attempt to find any evidence to support the young lady’s allegations before jumping the gun.”</p>

<p>“so no, a university should not expel a student because of accusations. due process, anyone?”</p>

<p>These ideas came from the plaintiff’s complaint. Neither of you have any idea about whether they are true or not. You would be best of assuming that they are not.</p>

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<p>I still don’t see the problem with my first quote (I didn’t say the second quote you mentioned). Isn’t it the job of the accusor to prove that there is a crime committed? I never said that what she said was true (I called her claims allegations); my point was that IF what she said was true, where was the evidence? Likewise, it’d be up to the boy’s attorneys to find evidence that would say otherwise. I’ve taken a neutral stance since the very beginning.</p>

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<p>You’re not taking a neutral stance at all. </p>

<p>“Isn’t it the job of the accusor to prove that there is a crime committed?”</p>

<p>You know nothing about what evidence was presented, or any details whatsoever about what happened with the internal hearing. Everything you know is based on the plaintiff’s complaint.</p>

<p>Literally everything you know about this case comes from the complaint. Any statement you make questioning what happened - regardless of what side you purport to be supporting - is conjecture. The following other statements made in this thread that are pure conjecture:</p>

<p>212DAD: “What bothers me most is that the Administration did not even feel the need to get to the bottom of what really happened. They were only too happy to sweep it under the rug.”</p>

<p>212DAD: “Not calling in law enforcement experts in a claim of rape is irresponsible and showed a serious lack of judgement. What crime does it take for Brown to call in authorities?”</p>

<p>AmbitiousMind: “But where are the phone records to support her claims of him calling up to 20 times a day? Are there any corroborating witnesses to his supposed threatening remarks? Did the campus administrators/police find the people who the young woman allegedly claims McCormick spread these rumors to?” (you have no idea whether any of this evidence exists or doesn’t exist - why would it be mentioned in a plaintiff’s complaint, which is all you have?)</p>

<p>AmbitiousMind: “Now that I think about it, I find it morally repugnant that McCormick was forced to leave on such baseless pieces of evidence. If only he had proper guidance from the start, this whole mess could have been handled fairly. It sounds like there’s more to the story (especially on the girl’s side) and she used her father’s pockets and power to slide the whole thing under the rug. Give any decent attorney 24 hours and he/she can find five other cases similar to this that have all been thrown out due to unfounded and lopsided evidential claims.” (this is just comically uninformed)</p>

<p>NapoleonInRags: “and even if the case is later thrown out, the accused is going to have to put that on every job application he ever fills out.” (this is simply not true)</p>

<p>jonri: “But even reading news accounts, the “deal” here was a negotiated settlement between the accused and accuser.She agreed that she would not bring criminal charges against him if he left the university” (the ‘news accounts’ are just descriptions from people who have read the plaintiff’s complaint. There’s no certainty even about this basic aspect of the case.)</p>

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<p>mg…the news reports are NOT based solely on the plaintiff’s complaint. Moreover, the complaint does NOT deny that the plaintiff gave the young woman and her father a release in exchange for her agreement not to pursue criminal charges against him. The EXISTENCE of the release is an UNCONTESTED fact. </p>

<p>From the BDH:</p>

<p>

</p>

<p>In other words, the plaintiff is contesting the validity of the agreement he signed. However, the fact remains that he entered into a contract with the woman student which required him to withdraw from the university. Brown did not EXPEL him–he left because of this contract with the alleged victim.</p>

<p>He THEN asked for a medical withdrawal. He got that, but without the right to re-enroll in Brown, due to the circumstances of the withdrawal.</p>

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<p>As this incident took place in 2006, why is it significant today? Surely Brown, and most colleges, have clearer and more enlightened policies now on assault and rape charges.</p>

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<p>I apologize - I forgot that the BDH had actually read and reported on the 12(b)(6). Seeing as they can’t even get the name of the court right (despite my e-mails), I’m impressed that they did. I jumped the gun citing your comment in my misinformation fishing expedition; rereading your post, it is nuanced and gets the issues.</p>

<p>The relevant portion from the University’s 12(b)(6) motion is as follows:</p>

<p>"On September 12, 2006, [the accuser] told a residential advisor in her dormitory that William had raped her on September 6, 2006. On September 13, 2006, [the accuser] reported her allegations to Brown Deans. Consequently, the University took prompt measures to have William removed from campus and arranged for his transportation home to Wisconsin on September 14, 2006, pending its continuing review and investigation of the serious allegations against him.</p>

<p>In October 2006, William and [the accuser] entered into a privately negotiated settlement agreement with the advice and representation of their counsel. As part of their agreement, William agreed to withdraw from Brown, which he did in October 2006. Nearly three years later on the eve of the expiration of applicable statutes of limitation, William and his parents filed suit in September 2009 against Brown, fifteen persons affiliated with Brown, [the accuser], and [the accuser’s father]."</p>

<p>I think we can both agree that the rest of my admonitions were justified. People need to understand that what exists in the record thus far (including the complaint, the 12(b)(6) motion, and the answer) are documents which by their nature do not get us closer to the 'truth of the situation - I wanted to quickly create a post to bring that point home, and stupidly swept your post in with the others. It’s clear now that you were trying to get people to understand the nuance, and I apologize.</p>

<p>(incidentally, now that I’ve retrieved the amended complaint, the 12(b)(6) motion, and the answer from PACER, I’ll gladly give it to anyone who wants it - just PM me).</p>

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<p>Update: the young woman has now sued the plaintiff for breach of contract. </p>

<p>Based on the news reports, I do not think Brown acted wrongfully. The young man AGREED to withdraw from the university. Brown did NOT expel him. As part of the private contract he and his attorney negotiated with the alleged victim, the victim agreed not to press any charges against him. This agreement was not limited to criminal charges; my understanding is that it included disciplinary proceedings by the university. </p>

<p>So…we have the accused leaving Brown and Rhode Island. We have the accuser refusing to co-operate in disciplinary action against him, pursuant to a contract. </p>

<p>Yet, according to the posters in this thread, Brown was supposed to hold a meaningful inquiry as to whether he really raped her, in the absence of both the accused and accuser. That makes NO sense to me. The university is a private entity. The severest discipline it could impose would be to expel him–which was a moot point since he had already withdrawn. </p>

<p>The other criticism is that Brown did not report the alleged rape to the police. Reality is that many victims’ advocates take the position that a university should not report a rape to the police without the consent of the victim.Why? Because lot of victims would never report anything to anyone if they knew in advance that the alleged crime would be reported to the police. What on earth could the cops have done in the absence of co-operation from the victim? They couldn’t even arrest the accused because he had left the jurisdiction. </p>

<p>The amount of misinformation in this thread is scary. You do NOT have to report an arrest “every time” you “fill out a job application.” In most states, most employers can only ask about convictions. There are special circumstances in which they can ask about arrests, but they are generally limited to specific circumstances. For example, a bank may be able ask if you have ever been arrested for theft or financial fraud. </p>

<p>And the world automatically believes a woman who claims she was raped? That’s some sort of sick joke. In this case, the media is making her out to be a spoiled, rich b*&tch who thought nothing of ruining a young man’s life and who was able to get away with it because her dad was a wealthy donor to Brown. Her name is all over the internet. </p>

<p>IF this young woman was really raped and let this guy go free rather than have to face a trial and publicity, he’s effectively hurt her once again.</p>

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<p>@mg</p>

<p>" These ideas came from the plaintiff’s complaint. Neither of you have any idea about whether they are true or not. You would be best of assuming that they are not. "</p>

<p>I’m referring to the due process he allegedly did not receive in response to the alleged victims complaints. If he indeed did not receive due process, there were serious errors in the way this was handled. People were supposing he was not entitled to due process in response to the initial allegations and that is wrong. </p>

<p>As far as the job application thing, actually, it is true. I can’t tell you how many applications i’ve filled out that asked if i had ever been accused of a crime. But more importantly, jobs are only one slice of the pie. Being falsely accused of a sex crime is a horrible, horrible thing with many consequences</p>

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<p>Many state laws forbid employers from asking these kinds of questions. Take a look, for example, at Calif. Labor Code §432.7. </p>

<p>Looking at the Westlaw database on the subject, it looks like most states fall into one of three categories: (1) employers are forbidden from asking a question about arrest records; (2) state agencies are forbidden from providing details about arrests that did not lead to convictions; or (3) just like (2), but the applicant is specifically entitled to deny ever having been arrested. There is also a federal law issue if excluding based on arrests would have a disparate impact on a protected class (e.g., a minority race). As a general matter, if you’re being asked about your arrest record, something is probably going awry.</p>

<p>(None of the foregoing is legal advice.)</p>

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<p>Napoleon, </p>

<p>In at least some states, asking about arrests on a job application is a misdemeanor. So, if you are asked, pick up the phone and call your state attorney general’s office. No major corporation in the US asks unless there is a specific exception. For example, if it is necessary for a poistion to be bonded, it’s possible in some states to ask about arrests for theft and related crime. If there’s a position in a pharmacy in which you’ll have access to drugs, the pharmacy may be able to ask about drug arrests. </p>

<p>And I don’t know where you get your ideas of “due process.” Due process is a concept that applies to governmental action. Did you miss the fact that Brown is a private university? Except in very rare and narrow circumstances the concept of “due process” simply does not apply to actions taken by a private university. </p>

<p>You may think that a university “should” follow “due process” before expelling a student, but reality is that a private university isn’t required to do so. If the claim had been based on that, it would have been bounced out of court.</p>

<p>Again, this isn’t legal advice. </p>

<p>While being accused of a rape may be a heinous experience, remember that IN THIS CASE, the accused wasn’t arrested. If he hadn’t gone to court himself, there would be no public paper trail that indicated he had been accused of rape. </p>

<p>And, would you please at least CONSIDER the POSSIBILITY that he really did rape someone? Being falsely accused of rape is a horrible experience, I’m sure. However, BEING raped is WORSE.</p>

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<p>My statements about false accusations are based on the hypothetical. However, that hypothetical needs to be considered and considered strongly. Neither of us is in a position to determine whether it is worse to be raped or worse to be falsely accused. However, the horrors of being raped are widely recognized. The horrors of being falsely accused are not. </p>

<p>Okay, so I call state’s attorney general’s office about the job i want…i don’t think i have much chance of getting it any more. </p>

<p>A university paper trail is also damaging. Many forms (job or whatever) ask if you’ve been expelled or disciplined at your college. </p>

<p>Most universities have codes for their own personal methods of due process. Brown does. In this case, McCormick is arguing they were violated.</p>

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<p>jonri, the claim is that he was COERCED into AGREEING to leave. </p>

<p>mgc, you are not better off assuming the allegations made by mccormick are not true. innocent until proven guilty. in this circumstance, he’s claiming that didn’t happen, so we need to revert back to it. </p>

<p>and yes, it IS the accusers obligation to prove wrongdoing occurred.</p>

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<p>i’m not saying mccormick didn’t do it. i’m using him as a hypothetical example to prove a point about people who get falsely accused.</p>