Jury awards former Clemson student falsely accused of sexual misconduct $5.3 million on defamation and civil conspiracy claims. The case has implications for the future of Title IX.
A South Carolina jury awarded a former Clemson University student $5.3 million on defamation and civil conspiracy claims last week, the result of a five-year legal battle stemming from unfounded charges of sexual misconduct in 2015.
The lawsuit was against three individuals—not Clemson. But campuses across the country took note.
“That’s a chilling award,” said Peter Lake, Charles A. Dana Chair and director of the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. “That kind of award, if it stands and isn’t remitted in some way, is very impactful on college business and insurance operations. I would assume that every college in South Carolina is meeting this week to talk about the implications of this. And what’s going to start happening, if you get more of these verdicts, is more Title IX systems will be literally supervised by attorneys. Colleges will have teams of lawyers.”
If the colleges aren’t responsible enough to withhold judgment and unwarranted actions against students accused of crimes until those students have their day in court, here is an example of a punishment well deserved.