Yale University will soon be involved in a Title IX lawsuit where a man is the plaintiff. Jack Montague, formerly captain of the Yale basketball team, will sue the university for expelling him for alleged sexual misconduct. The expulsion came just three months before Montague would have graduated from Yale. The case is getting more attention than might otherwise be the case, as Yale will be playing in the NCAA tournament for the first time since 1962.
The sexual contact between Montague and an unnamed Yale student occurred in October 2014. The pair had a relationship, and the allegation of sexual misconduct relates only to the fourth time they had sex. Montague’s lawyer, Max Stern, says that the sexual encounters involving Montague were all consensual.
The complaint against Montague was filed by a Title IX official in November 2015, over a year after the alleged incident. A university panel considered the case and ruled against Montague. Max Stern has said that Montague is being made into a “whipping boy” because of past problems related to sexual assault at campuses nationwide, including Yale. A study found that about a quarter of Yale students were involved in sexual encounters that did not meet the standard for consent.
One issue is that a Title IX proceeding by a university is not the same as a trial in a court, and the standard of proof is not the same as would apply in a criminal case. In a Title IX proceeding, the standard of proof is the “preponderance of the evidence.” Criminal convictions require proof beyond a reasonable doubt. No criminal complaint against Montague has been filed with the New Haven, Connecticut police department.
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