Colorado State University-Pueblo student Grant Neal was granted some much overdue justice recently. Sort of. A court document filed July 14th by attorneys representing the university and the state attorney general says the school reached an agreement with Neal, whose federal lawsuit seeking damages from Colorado State University-Pueblo also was the first if its kind to name the Department of Education as a defendant. The agreement, reached “on or about June 9,” dismisses all remaining claims against the university and its officials. “The agreement included monetary and a number of non-economic terms,” according to the status update filed in Colorado federal court.
What was the reason for Neal’s lawsuit in the first place? Neal, at the time a talented sophomore fullback for the school’s football team, was suspended in December of 2015 after Jennifer DeLuna, the university’s “Director of Diversity and Inclusion,” concluded he had “engaged in non-consensual sexual intercourse” with athletic trainer and fellow student “Jane Doe.”
Neal claimed in his lawsuit that investigators ignored exculpatory evidence, including the trainer’s own testimony, in which she flatly stated the sex was consensual.
“Don’t listen to her, your honor! What would she know?”
In fact, the trainer herself never accused Neal of any wrongdoing whatsoever. Incredibly, the university’s inquiry into the two student’s sex lives was triggered by a report to the athletic training department by “Doe’s” friend, who simply assumed she had been raped when she saw her sporting a hickey.
Universities have LGBTQIA “Pride” days, teach classes that discuss the pleasures of oral and anal sex, are famously tolerant and inclusive of almost any behavior one can think of…and they suspend a student because of a “hickey?!?” Even though both parties to the alleged assault say it wasn’t an assault?
A hickey? Hickeys were popular signs of affection back in the straight-laced 40’s and 50’s. June Cleaver probably had a few. The alleged “raper” and the alleged “rapee” both say there was no rape. Yet, despite the testimony of the only two people actually involved in the incident/tryst, the school’s Director of Perversity and Delusion decides to suspend Neal anyway?
The lawsuit alleged that the university violated Neal’s due-process rights in following legally non-binding “guidance” concerning sexual assault investigations from the federal Office for Civil Rights. (That should’ve been a slam-dunk). Yet the university’s suspension remains in effect until “Doe” graduates, and has resulted in Neal losing both his wrestling and his football scholarships, while also limiting him from pursuing his athletic career at other universities, the lawsuit stated. This has potentially devastating effects on his future income and well-being.
In a fit of monumental hubris, CSU-Pueblo asked the court to dismiss the athlete’s suit a year ago, claiming he failed to “allege any actual nexus between his gender and his purported mistreatment.”
According to thecollegefix.com, Magistrate Judge Craig Shaffer stated this past February that the investigators’ decision to not interview witnesses favorable to Neal’s story “all suggest bias and inaccuracy in the outcome.” Shaffer then recommended that Judge Raymond Moore deny the school’s motion to dismiss, prompting the following objection from the university: “[T]he Magistrate Judge here has accepted Plaintiff’s self-serving conjecture, unsupported by a single factual allegation, that CSU-Pueblo administrators were motivated to adopt a discriminatory approach towards male students as a result of pressure from federal authorities.”
“Self-serving?” He’s the plaintiff. What the hell is he supposed to do, just accept whatever random punishment the school feels like dishing out? “Conjecture, unsupported by a single factual allegation?” That would demonstrably be what the trainer’s “friend” and the university itself engaged in.
Sadly, many modern “institutions of higher learning” aren’t interested in facts if they don’t support their own institutional biases and self-serving conjecture.
And that is a fact.