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LAWSUIT: Female rapes disabled student then gets him expelled, university fires his dad | The College Fix
Trustee dumped by Drake University after privately pleading his son’s case.
To say I am in disbelief is a euphemism. I genuinely cannot fucking wrap my head around the things I have just read.
A private university in Iowa violated state law and its own rules by firing a trustee for defending his disabled son against a kangaroo-court investigation, according to a federal lawsuit filed by the father last month.
Tom Rossley, who served 23 years on Drake University’s board before his July dismissal, accused the school of failing to accommodate his son’s “ADHD, anxiety, and language-based learning disabilities” in the sexual-assault investigation.
Drake also refused to investigate the son’s claims that the female student who accused him had initiated the sex when he was incapacitated, as alleged in a December lawsuit filed on the son’s behalf.
Drake pursued an investigation against the son after a female student filed a sexual-assault complaint against him in October 2015. He was expelled four months later.
While it’s not clear how far things escalated that night, the son’s suit claims he was “not in a state to be with her” and “not able to give consent that night.” The accuser conceded “on the record” during a later Title IX hearing that she initiated sex without his consent, according to the father’s suit.
Despite the dueling claims, only the son was subject to an investigation. Drake termed his own allegations against the female “retaliatory.”
During the course of the investigation and despite several pleas from Rossley, his son was denied accommodations for his disabilities, which include “word retrieval” impairments, the suit claims.
In a nine-hour hearing, Drake “forced” the son “to be his own advocate and act as his own legal representative … despite knowing full well” about his language disability, it says.
The university kept Rossley out of his son’s hearing, and gave him and his wife “fewer accommodations while simultaneously offering comfort rooms” for the female student’s family.
Following a handful of Rossley’s emailed complaints to the university, alleging the investigation violated his son’s due process and Title IX, the father was told to be quiet and his fellow trustees told to avoid “discussion of the issues” that he had raised.
Five days after being asked not to speak on the subject, Rossley agreed not to publicly speak about the Title IX investigation, according to the lawsuit.
But the board chair still asked him to resign, and by June the entire board started trying to remove Rossley for “conflict of interest,” but kept failing to reach the two-thirds majority vote required for removal. He was finally removed July 19.
Bro appealed it and what happened?Rossley lawyer Andrew Miltenberg, who has represented dozens of male college students found responsible for sexual misconduct, said Drake “effectively silenced and covered up” the father’s complaints about his son’s treatment while failing to remedy its own “numerous lawless actions.”
Officials “purposefully ignored and failed to investigate” the disabled student’s “numerous pleas for help after he was sexually assaulted by a female student,” simply because he was male, Miltenberg said in the press release.
His accuser said she accompanied Rossley to a fraternity house on Oct. 8, 2015, after a night of drinking and awoke to find him having sex with her. Rossley said she initiated oral sex earlier that night in the back seat of a car, but he was too intoxicated to give consent.
Rossley said Drake's investigation ignored his claim that he was sexually assaulted. The university also failed to provide him accommodations under the Americans With Disabilities Act, Rossley alleged.
U.S. District Court Judge Rebecca Goodgame Ebinger dismissed many of Rossley's claims Oct. 12 when she ruled on Drake's motion for summary judgment.
She found Rossley did not present facts to support his claims that the university was deliberately indifferent and that the outcome of its investigation was erroneous. He also did not request an accommodation under the Disabilities Act for his ADHD, dyslexia, and difficulty with word retrieval, the judge found.
Rossley is now appealing Ebinger's ruling to the 8th U.S. Circuit Court of Appeals, which handles federal appeals cases from several states, including Iowa.
Philip Byler, a New York attorney who represents Rossley and has handled university sexual assault lawsuits in several states, said he believes Drake's decision against Rossley was wrong and Rossley's gender was a motivating factor in the university's decision.
"I think it was a horrible decision by Drake to expel him one month short of his graduation," Byler said.
In a statement, Jarad Bernstein, Drake's director of communications, said the university is pleased with Ebinger's ruling.
Bernstein said Drake will await the results of Rossley's appeal before commenting further.
Ebinger did not dismiss claims that Drake selectively enforced its policies against Rossley and failed to investigate his claim of sexual misconduct. The parties agreed to dismiss those allegations without prejudice Oct. 17.
Rossley and his accuser, who also attended Drake at the time, knew each other but were not dating when they ended up at the same bar after a night of drinking at different parties.
The woman claimed she accompanied Rossley to his fraternity house and that she blacked out and woke up on a beanbag chair to find Rossley having sex with her. She filed a sexual assault claim the next morning.
Rossley said he does not recall having sex with her that night.
Drake's policies at the time were based on a 2011 "Dear Colleague Letter" from the U.S. Department of Education's Office for Civil Rights.
The letter, issued during the administration of President Barack Obama, provided guidance for how colleges and universities should handle sexual assault cases. It said schools should use a "preponderance of the evidence" or "more likely than not" standard when hearing sexual misconduct cases under Title IX, a federal anti-discrimination law.
After a lot of appeals, we come to a final hearing.
And what do you think happened?
Appeals court rejects suit from Drake student expelled for sexual assault
Court agrees Thomas Rossley was not expelled due to anti-male bias
Rossley sued the university after his expulsion, accusing them of failing to investigate his claim that the female student sexually assaulted him, and that the school failed to accommodate his learning disability during the hearing process.
More broadly, he claimed Drake and other universities are biased against men in sexual assault investigations under the federal antidiscrimination statute known as Title IX.
In his case, Rossley claimed the school relied on faulty statistics from a so-called "Dear Colleague" letter issued in 2011 by the U.S. Department of Education, and noted all 51 students accused of sexual assault at Drake the year he was expelled were male.
A federal judge dismissed most of Rossley's claims in October 2018, which he appealed.
In a new ruling issued Thursday, the court found that both the "Dear Colleague" letter and Drake's internal policies use appropriate gender-neutral language, and the imbalance in cases could be explained by reasons other than bias from the school.
And what about his father?The judges agreed with the district court that evidence showed the female student was more intoxicated, and less able to consent, than Rossley; and that Rossley never specifically requested any accommodations from the school.
Drake earlier this year prevailed in another suit brought by Rossley's father, Tom Rossley Sr.
The elder Rossley was a member of the Drake University Board of Trustees at the time, but he was removed after the board found his advocacy for his son created a conflict of interest.
Rossley's suit, accusing the board of retaliation under Title IX and disability protection statutes, was dismissed by the court in January 2019, and again by the court of appeals in May 2020.
RIP to another autistic man raped by the system (and in this case, by a foid too)
Despite what crooked jurists might say, Title IX is empirically against men and a feminist weapon to be used to depredate men of all they have, and ruin their lives.





