The firm where you work was recently hired to represent John Doe, who was expelled from Blackstone College.
The firm where you work was recently hired to represent John Doe, who was expelled from Blackstone College. There are two issues your attorney wants researched. First, did Doe receive thorough, impartial and fair procedures at Blackstone? Second, were Blackstone’s procedures so unfair that the college is guilty of sexual discrimination against Doe? On the night of February 4-5, 2021, John Doe (as he is called in the court documents) was so drunk that he “blacked out” and couldn’t remember much about the night, including even his interaction with Sandra Jones (again a pseudonym). The two were making out in a dormitory common area when another student said that they ought to go somewhere private. Jones led Doe to her room, where she performed oral sex on him. Her room was available because her roommate—Doe’s girlfriend—was away. Doe thought little more about that drunken night with Jones until he was dumbfounded to receive a notice from Blackstone in December of 2013 that he had been charged with rape. He would have to appear at a hearing in ten days. For that hearing, he was allowed to choose an “advisor” from a list given to him by the school, but that individual could only suggest questions for the examiner, not speak for the accused or cross-examine witnesses. That list didn’t include anyone with the slightest legal training. (The person Doe chose was a Blackstone administrator with a degree in Social Justice Education, who was of no help.) Blackstone had decided to follow the administration’s preferred system for adjudicating sexual assault complaints, namely hiring an investigator who would look into the case, question some witnesses, and then make a presentation to a panel. That panel would then decide on disciplinary action, if any. The OCR insists on a minimal level of proof to find a student guilty. The evidence need only indicate that it is slightly more likely than not that the student had committed a wrongful act. In practice, this means that an accused male student will be found guilty so long as the female accuser has any credibility at all. In Doe’s case, the panel that decided his case consisted of two student-life officials from other colleges in the area and an administrator at a third whose doctorate was in Social Justice Education. Those individuals were certainly not inclined to probe deeply for weaknesses in the accuser’s story or evidence that Doe had not committed any assault. While Doe’s advisor was not allowed to act as an advocate for him, the school’s chosen advisor for the accuser was permitted to act as an advocate against him, and did. Doe was found to have assaulted the female student, even though the panel found it “credible” that he was so drunk that he had little or no knowledge or control. Consequently, Doe was immediately expelled. After his expulsion, which is now a permanent part of his academic record, Doe hired a lawyer to dig into the case, and his lawyer found a lot of evidence that Blackstone’s hired investigator had not. His lawyer subpoenaed the texts that Sandra Jones had sent that night and they utterly demolished the story she had concocted in an effort to portray herself as an innocent victim. Those texts showed that she was desperate to cover up the fact that she had initiated sex with Doe and also that, far from feeling distraught over being assaulted, she had invited another male student she was interested in to come over and “entertain” her after she’d gotten Doe out of her room. When Doe’s attorney asked Blackstone to reopen the case in light of all the new evidence he had uncovered, it refused. Doe decided to sue Blackstone in federal district court.
Regarding the above scenario, make a Memorandum of Law to the judge in your case persuading him or her to rule in your favor. The written assignment should be three to four pages with the following formatting requirements: Correct Indigo or Bluebook book citations Although there are typically nine sections/parts for a Memorandum of Law (also known as a Memorandum of Points and Authorities), you will draft only six.
1) Case Caption: Think back to your civil procedure and civil litigation courses.
2) Table of Authorities: This is where you will include the sources of law upon which you are relying. This must be organized in a logical manner* and include federal case law, statutes, Constitutional provisions, and/or rules of court, all of which are primary sources of law. It is also fine to include secondary sources. (*E.g. You could list all the cases first alphabetically or chronologically; you could then list all the statutes.)
3) Statement of Facts: This should be detailed, thorough, and yet succinct and only include the necessary and relevant facts. (Think back to your intro and research classes when you drafted IRAC+ briefs.)
4) Statement of Issue(s) Presented
5) Argument
6) Conclusion
Also, many of you discussed jurisdiction; the scenario already tells us this will be filed in federal court; therefore, federal law (not state law) will apply. (When you start the memorandum, you can simply use a make-believe federal court in your caption.) If you have not already done so, you need to locate PRIMARY federal law to support your client’s position and cite to that in the memorandum. (You must follow the citation rules in either The Indigo Book [provided in the Resources Module], The Bluebook, or the Cornell website.
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