Monday, January 27, 2020

Due process? Not in academia






She Begged Him For Sex And Then Accused Him Of Sexual Assault. Columbia Expelled Him Despite Audio Proving His Side.

Columbia University continues to deny students accused of sexual assault their due process rights, going out of their way to ignore exculpatory evidence in order to find accused men responsible no matter how thin the allegations.
The latest example is Ben Feibleman, who is using his real name to fight the allegations against him, made by a woman who, as usual, gets to keep her anonymity and is only referred to as Jane Doe in court documents. The Daily Caller’s Betsy Rothstein recently published an exclusive interview with Feibleman regarding the $25 million lawsuit he filed against the university last May. I encourage you to read her full story (warning: language and graphic depictions of sex), which includes a complete transcript of the 30-minute audio recording Feibleman made of the woman when he started to suspect things might go wrong.
Columbia’s adjudicators ignored the audio recording Feibleman made and scoffed at his allegations that he was the one who was sexually assaulted. The adjudicators, according to Rothstein, told them there was “insufficient evidence” that he was assaulted (despite the audio recording) and that even if he had been assaulted, he would have liked it, therefore, Jane was “not responsible” for any alleged assault. Columbia found Feibleman responsible and retroactively expelled him and revoked his diploma (he had been allowed to graduate during the investigation).
Jane and Feibleman knew each other a little from their journalism classes. After an event (which Feibleman says wasn’t the sort of place to get wasted), Jane allegedly asked him to put his head on her lap.
“She later sneaked kisses when her friends weren’t looking. She poured beer down his throat during a drinking game. Then she asked him to walk with her to the roof, where she climbed atop the water tower and beckoned him. She took off her top while he unclasped her bra,” Rothstein reported.
The two engaged in some sexual activity and she allegedly insulted him for not wanting to go near the edge of the water tower. He said she performed a “perfect backward roll off the side of the water tower,” taunted him for being afraid of heights even though he was a Marine, and they continued to flirt and engage in sexually charged activities.
His audio recording of her taped her continuously begging him for sex – a total of 29 admissions. He told her repeatedly he wanted to but thought she was too drunk (he didn’t, but said he used that as a “nuclear option” to get out of the situation). She said she wanted rough sex and allegedly pulled his pants down and tried to “force her mouth on his penis.”
When he’d try to leave, she’d cry. If he declined to have sex with her, she’d say he thought she was “gross.” When he tried to leave again, she wouldn’t let him.
Throughout the tape he declined to have sex with her even though she begged. After he was finally able to leave, she allegedly told her roommate that “Ben tried to have sex with me.” She also told this to her boyfriend who questioned her level of intoxication. The next morning she told Columbia Feibleman sexually assaulted her.
The school refused to ask her questions about his side of the story or even use the evidence he provided.
“At one point, they warned him not to utter a word about a medical report he obtained that addressed her level of capacity based on 700 photographs and the 30-minute recording,” Rothstein reported. “According to his legal complaint, a witness ‘Jane Doe’ called to support her in Columbia’s case against him later called Feibleman and told him that she sometimes mixed pills and alcohol to get over a boyfriend. If he mentioned the report, Columbia authorities said they’d throw him out of the hearing and proceed without him.”
Feibleman is now suing Columbia with the help of attorney Kimberly Lau. Columbia is trying to get Feibleman’s military service records in what Lau says is a fishing expedition, while at the same time refusing to provide Feibleman with relevant documents related to his accusation.
He was found responsible for the sexual activity that occurred before the recording, even though he provided evidence to show Jane wasn’t incapacitated at the time. His case is yet another example of a university doing everything it can to find a male responsible because in today’s #MeToo age, males are expendable while a woman claiming to be a victim must be believed.according to Rothstein, told them there was “insufficient evidence” that he was assaulted (despite the audio recording) and that even if he had been assaulted, he would have liked it, therefore, Jane was “not responsible” for any alleged assault. Columbia found Feibleman responsible and retroactively expelled him and revoked his diploma (he had been allowed to graduate during the investigation).
Jane and Feibleman knew each other a little from their journalism classes. After an event (which Feibleman says wasn’t the sort of place to get wasted), Jane allegedly asked him to put his head on her lap.
“She later sneaked kisses when her friends weren’t looking. She poured beer down his throat during a drinking game. Then she asked him to walk with her to the roof, where she climbed atop the water tower and beckoned him. She took off her top while he unclasped her bra,” Rothstein reported.
The two engaged in some sexual activity and she allegedly insulted him for not wanting to go near the edge of the water tower. He said she performed a “perfect backward roll off the side of the water tower,” taunted him for being afraid of heights even though he was a Marine, and they continued to flirt and engage in sexually charged activities.
His audio recording of her taped her continuously begging him for sex – a total of 29 admissions. He told her repeatedly he wanted to but thought she was too drunk (he didn’t, but said he used that as a “nuclear option” to get out of the situation). She said she wanted rough sex and allegedly pulled his pants down and tried to “force her mouth on his penis.”
When he’d try to leave, she’d cry. If he declined to have sex with her, she’d say he thought she was “gross.” When he tried to leave again, she wouldn’t let him.
Throughout the tape he declined to have sex with her even though she begged. After he was finally able to leave, she allegedly told her roommate that “Ben tried to have sex with me.” She also told this to her boyfriend who questioned her level of intoxication. The next morning she told Columbia Feibleman sexually assaulted her.
The school refused to ask her questions about his side of the story or even use the evidence he provided.
“At one point, they warned him not to utter a word about a medical report he obtained that addressed her level of capacity based on 700 photographs and the 30-minute recording,” Rothstein reported. “According to his legal complaint, a witness ‘Jane Doe’ called to support her in Columbia’s case against him later called Feibleman and told him that she sometimes mixed pills and alcohol to get over a boyfriend. If he mentioned the report, Columbia authorities said they’d throw him out of the hearing and proceed without him.”
Feibleman is now suing Columbia with the help of attorney Kimberly Lau. Columbia is trying to get Feibleman’s military service records in what Lau says is a fishing expedition, while at the same time refusing to provide Feibleman with relevant documents related to his accusation.
He was found responsible for the sexual activity that occurred before the recording, even though he provided evidence to show Jane wasn’t incapacitated at the time. His case is yet another example of a university doing everything it can to find a male responsible because in today’s #MeToo age, males are expendable while a woman claiming to be a victim must be believed.

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