Middlebury College in Vermont has settled with a student who was suing the school after being expelled for sexual assault.
The student, referred to as John Doe in his lawsuit, alleged that the school breached its contract with him and discriminated against his gender when it investigated an accusation that he sexually assaulted another student. In September, a judge halted the student’s expulsion, believing the student had a “likelihood of success on the merits” of the case and that irreparable harm would be done if the expulsion went forward.
Middlebury at the time argued that the student needed to show a “clear or substantial likelihood of success on the merits,” rather than a simple “likelihood.” This was notable because the standard of proof required by Middlebury in its determination of sexual assault cases was the lower “preponderance of evidence” standard.
This meant that a student accused of sexual assault could be labeled a rapist based on just 50.01 percent certainty, but a college accused of unfairness demanded a much higher certainty. One can see the double standard.
Middlebury appealed the judge’s decision to reinstate the student, but the appeal was withdrawn in November. Now the student and the college have reached an undisclosed settlement.
“The lawsuit has been resolved by the parties and they have agreed that the Plaintiff will complete his education elsewhere,” said Middlebury College Vice President for Communications Bill Burger in an email to the Barre-Montpelier Times Argus. “Middlebury will make no further statements about the case.”
The accused student in this case was found “not responsible” by his study abroad program, which he was in when the accusation was reported. The accuser was not a Middlebury student. When the accused returned from his study abroad program, the accuser threatened to report the school to the Department of Education. Middlebury then launched another investigation into the matter and found the student responsible.
The details of the settlement are likely to remain unknown. Based on Burger’s statement, we know the student will transfer to another school and that both parties will cover their own court costs. But whether that student received compensation or anything else is a mystery. Students in similar situations have received little compensation for the kangaroo courts and trauma they were put through by their schools, but at least this student will be able to continue his education.
The same cannot be said for many other students in this situation.
