The attorneys representing Montague released a statement saying that the dispute is over an October 2014 encounter in which the woman claims she did not consent to sex.
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Yale’s Jack Montague attempts a shot during an NCAA college basketball game against SMU on Sunday, Nov. 22, 2015, in Dallas.
No criminal charges were filed in the case. But the real story is the kangaroo court that heard the complaint and booted Montague from school.
In that climate, the complaint alleges, Title IX officials were looking to bag a prominent target, and “imposing harsh discipline on Montague would surely make an impact”.
The interesting angle in this Title IX action is that Montague and his lawyers claim that he “was a victim of gender inequality in that he would not have been prosecuted had he not been a man”.
A Yale spokesman, Tom Conroy, said the lawsuit is factually inaccurate and baseless and the university plans a vigorous defense. “Yale’s procedures for addressing allegations of sexual misconduct are thorough and fair”. “Allegations are investigated by an impartial fact-finder, heard by five trained members of the Yale community, and decided by the accused student’s dean”.
Montague averaged 9.7 points per game as Yale’s sole senior captain this past season, but played his final game for the Bulldogs on February 6.
The complaint against Montague wasn’t filed for more than a year afterward, on November 18, 2015, and it was brought by the university, not the alleged victim, the lawsuit says.
The complaint claims that Jane Roe did not want to file a formal complaint against Montague, but that the University’s Title IX coordinator “falsely informed” her that Montague had already been the subject of a previous sexual assault complaint, thereby manipulating her into cooperating with what the complaint claims is a PR stunt.
This case arose during a tumultuous period at Yale in which the University faced mounting criticism concerning its handling of allegations of sexual assault made by female students against male students.
That complaint, according to the lawsuit, was filed by Yale’s senior deputy Title IX coordinator Jason Killheffer.
The dispute is about the last of four sexual encounters between the two students, his attorneys say.
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Per a Yale statement, Montague’s dismissal “served the desired end: dramatic proof that the university is able and willing to severely punish male students, even the captain of Yale’s basketball team, when they “victimize” female students on campus”. Only about one out of 10 cases has ended in expulsion, and the decision to expel a student has been made only after the most careful consideration, based on the facts and, when appropriate, disciplinary history.
