Amherst student expelled for alleged sexual misconduct told he can't defend himself and is banned from getting his accuser's text messages 'because it would traumatize her'

  • Amherst College student was accused of sexually assaulting a female student 
  • He was expelled by the university and later launched a suit to sue the college 
  • It came after texts emerged that he says proves encounter was consensual
  • But a judge has ruled that the messages cannot be subpoenaed for the case  

By JENNIFER NEWTON FOR MAILONLINE

Published: | Updated:

A former student of Amherst College who was expelled for alleged sexual misconduct has been told he can't rely on text messages sent by his accused in a bid to clear his name as they might cause her 'psychological trauma'.

The student, only known as John Doe, was expelled from the college in Massachusetts in 2013 after being accused of sexually assaulting a his girlfriend's room-mate.

It came following an investigation by the university's disciplinary board despite Doe maintaining their sexual encounter was consensual.

A former student of Amherst College who was expelled for alleged sexual misconduct has been told he can't rely on text messages sent by his accused in a bid to clear his name as they might cause her 'psychological trauma'. Pictured is Amherst College 

A former student of Amherst College who was expelled for alleged sexual misconduct has been told he can't rely on text messages sent by his accused in a bid to clear his name as they might cause her 'psychological trauma'. Pictured is Amherst College 

He was given seven days to appeal the decision to ban him from the college, but did not lodge a case.

However, months later, the accused reportedly became aware of text messages his alleged victim, known as Sandra Jones, sent following their encounter, which he believes suggests she did give her consent.

He then asked Amherst College to reopen their investigation into the incident in light of the new messages but they refused.

Now he has decided to sue the liberal arts college for mistreatment and his legal team wanted to subpoena his alleged victim's messages.

But it has now emerged that a judge has ruled Doe's lawyer's cannot use the messages as part of their case or summon her to court as it might 'harm' the accuser.

 t takes no leap of logic to reason that a live deposition would impose emotional and psychological trauma upon Ms. Jones

In his judgement, Seattle District Judge James Robart, wrote: 'An in-person deposition of boundless scope would impose a substantial burden on Ms. Jones.

'The deposition would force Ms. Jones to relive a night in which she asserts Mr. Doe sexually assaulted her.

'It would also reraise the subsequent investigation, hearing, and period of publicity that Ms. Jones has endured.

'It takes no leap of logic to reason that a live deposition would impose emotional and psychological trauma upon Ms. Jones.'

Doe has not yet finished his college degree but hopes when the case is over, he can complete his studies.

Meanwhile, the lawsuit is likely to fuel debate over whether colleges and universities are being tough enough on tackling sexual misconduct.

 

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