The mother of an accused student with disabilities:
My son, John Doe was expelled from the University for sexual misconduct as per Title IX in 2014. His accuser also filed a report with the City Police Department (they did not contact John in regards to the complaint). We immediately requested a hearing to appeal the expulsion and retained a law firm to represent John Doe at the hearing.
Over the summer, John was evaluated for and diagnosed with “high functioning Asperger’s.” We believe this developmental deficit may have contributed to his inability to defend or advocate for himself when questioned by the Title IX Investigator.
A few days before the hearing, the Title IX investigator notified John’s attorneys that they had received a second complaint for an incident that occurred in October of 2013 by a different accuser. In this incident, John did not have any physical contact or sex with his accuser, but she spent the night at his apartment because she was too drunk to drive home. Even though this second complaint was completely without merit, our attorneys advised us to withdraw from the hearing, which we did. We do not know if this accuser filed a police report however, John has not been contacted by the police department.
Currently, John has been accepted at an out of state university which he will attend in fall of 2015. He’s living at home, has a job, and is taking classes at the local community college for additional transfer credits. He’s also receiving counseling to help him heal from the devastating expulsion and cognitive behavioral training for his Asperger’s .