Just in: In powerful opinion from Judge Kethledge, CA6 sides w/acc'd student in @oberlincollege case, reverses district court's granting of Oberlin MTD. Judge Gilman (as expected after oral argument) dissented. 
Kethledge opener packs punch on issue: "Any number of fed'l constitutional and statutory provisions reflect the proposition that, in this country, we determine guilt or innocence individually—rather than collectively, based on one’s identification with some demographic group."
Kethledge's opinion notes that even Oberlin's lawyer conceded Doe's advisor was "supposed to serve the best interests of the accused at the hearing."
Doe's advisor in this case? Left the hearing *in-progress* & 2 weeks later retweeted, "To survivors everywhere, we believe you."
Doe's advisor in this case? Left the hearing *in-progress* & 2 weeks later retweeted, "To survivors everywhere, we believe you."
Opinion notes peculiar def of incapacitated used by Oberlin ("not sober") & unwillingness of Oberlin to explore accuser's key inconsistencies.
Opinion also notes oddity of inv'n--where friend of accuser who said that she had provided false testimony was largely ignored by the inv'r & wholly ignored by the supervisor of TIX coordinator (Meredith Raimondo, who played key role in Gibson's Bakery case against Oberlin).
Kethledge articulates v. forgiving pleading standard, in multiple ways.
Rejects out of hand Oberlin argument that acc'd student must show gender bias in the case itself--*pattern* of bias is sufficient.
Rejects out of hand Oberlin argument that acc'd student must show gender bias in the case itself--*pattern* of bias is sufficient.
Adopts CA2 standard from Judge Cabranes' Hofstra decision & holds that "clear procedural irregularities" can be a sign of bias. Suspect we'll see this passage of the opinion appear in the litigation over the TIX regs.
Unlike CA10, whose Denver opinion deemed statistical evidence largely irrelevant, Kethledge notes that Oberlin's 100% conviction rate could be seen as inferring bias.
Citing Purdue, Kethledge argues that even under the Yusuf erroneous outcome standard, the "merits of the case"--a guilty finding in a case w/strong evidence of innocence--can also be seen as evidence of gender bias. Pathbreaking opinion in this respect.
Concluding passage from Kethledge: at MTD stage, "one could regard this as nearly a test case regarding the College’s willingness ever to acquit a respondent sent to one of its hearing panels during the 2015-16 academic year." Acc'd student "amply" stated TIX claim.
As he did in Baum, & as was clear from oral argument, Judge Gilman dissents, incredibly claiming that TIX coordinator's seemingly guilt-presuming statement demonstrated "a balanced and thoughtful approach that treats men and women equally."
CA6 opinion in Oberlin case below. Chris Muha & @JustinDillonLaw handled case for acc'd student.
opn.ca6.uscourts.gov/opinions.pdf/2…
opn.ca6.uscourts.gov/opinions.pdf/2…
