«Breaking News» Yale student cleared by criminal court for sexual assault is still GUILTY in eyes of university

A former Yale student is seen breaking down in tears as he tells Louis Theroux of his pain at being banned from the college after being accused of rape, despite being cleared by a court. 

Former neuroscience student Saif Khan, 25, is the subject of Louis' new documentary The Night in Question, which airs tonight on BBC2, exploring America's controversial Title IX law that allows colleges to decide people are 'likely' to be guilty.

Saif claims he had consensual sex with a fellow student in March 2015 and that she may have accused him of rape after he 'hurt her feelings by not cuddling her and staying for breakfast'.

On face value, the decision to exclude Saif - who has not been convicted of any wrongdoing - may seem unfair. 

But Louis is left wondering after speaking to former friends who tell him things that call into questions Saif's sincerity, including one who tells him: 'He cries for people, and I guess he did that for you.’ 

After hearing Saif's side and accounts from his former friends, he admits: 'There are aspects of his version of events which don't really add up.' 

In his new documentary, Louis Theroux follows the case of Saif Khan (left) for six months, a former Yale student who was suspended after an accusation of rape, despite being found not guilty by a criminal court 

Within the documentary Louis explores the Title IX law and speaks to some who think that Yale, in particular, has taken the interpretation of the law too far, and that it is unfairly skewed against those accused of assault. 

He also speaks to Saif in detail about the night in question, but also some of his former friends who make Saif's innocence sound less convincing.  

At the beginning of the documentary Saif was still under investigation from Yale. 

Talking through the night in question Saif cried while Louis asked him about how the allegation had changed his life.

He said: 'I get woken up by her slapping me, saying "We shouldn’t have had sex", at 5pm a text message saying, "You're a piece of s**t", a few days later she accused me of rape. 

Louis explores Title IX law a federal law, passed as part of the Education Amendments in 1972, which originally prevented sex discrimination at educational establishments

What is Title IX law law? 

Title IX is a federal civil rights law, passed as part of the Education Amendments in 1972. 

It was originally designed to prevent sex discrimination 'under any education program or activity receiving Federal financial assistance'. 

In April 2011, the Office of Civil Rights sent a 19-page document that became known as the Dear Colleague letter to colleges and universities with new guidelines on how to apply the law. 

It stated that 'when a student has experienced a hostile environment such sexual assault or severe, pervasive, and objectively offensive sexual harassment, schools must stop the discrimination, prevent its recurrence, and address its effects.' 

The last few years have seen universities across America, including Yale, employ specialist administrators to carry out investigations into alleged sexual misconduct under the Title Nine law, with those found responsible facing suspension from the university.

Even if the accused is found not guilty in a criminal court the university can still investigate them under the law. 

Most use a lower standard of proof than criminal courts, which require a defendant to be proven guilty 'beyond a reasonable doubt'.

Universities mostly use a 'preponderance of evidence', meaning that they can decided someone is guilty if there's a great than 50 per cent likelihood that they committed the crime.  

But the law has been criticized by many, as some of the accused are now using the same law to sue the universities for discrimination and winning big payouts. 

Education Secretary Betsy DeVos is currently revising Obama-era guidance on campus sexual assault, which officials say is unfairly skewed against those accused of assault and goes beyond the intended scope of Title IX. 

'I was suspended and had 30 minutes to leave the campus. And I was thinking "Wow this is huge?" Its rape. I've lost a lot.'

Asking him about the night in question, Louis said: 'Her version of the account is that she woke up from being drunk and you’d had sex with her. She found two used condoms on the floor.'

Denying the account, Saif said he didn't think the girl was drunk and believed she had consented to sex. But he did admit the woman had vomited when he asked her to 'deep throat' him, and then passed out on the bed for two hours, while he phoned his then girlfriend.

Saif's lawyer said to Louis: 'I don't know what accounts for this moral hysteria, but Yale is in the grips of it. I think their procedures are a joke.'

Louis Theroux: The Night in Question airs on BBC 2 on Monday and explores Saif Khan's (left) story. After investigating his case, Yale expelled him permanently when special investigators decided he had assaulted a fellow student 

Meanwhile, other men accused of sexual assault, are fighting back by suing the universities. 

Louis met William Norris, a former student at the University of Colorado, Boulder, who in 2016 was accused of sexual misconduct by a friend. He was found not guilty in court, but one of the Title IX investigations did find him guilty.

He said: 'I was suspended for 18 months and could apply to go back, but I would have to admit wrong doing and attend a counselling session. It wasn't something I was prepared to do as I don't think I did anything wrong.' 

Trying to look at the bigger picture Louis also went on to meet an former friend of Saif's -  Johnathan Andrews. They had volunteered together at Face, a group for students who say they have been wrongly been accused of sexual misconduct.  

Johnathan was the man who had originally put Louis in touch with Saif and said that their friendship soon became strained, accusing Saif of asking him to spy on the the woman who accused him.

Trying to look at the bigger picture Louis also went on to meet an ex friend of Saif's - Johnathan Andrews

'He gave me her Snapchat details and wanted me to spy on her. He wanted me to record her video without her knowledge,' he alleged.

Johnathan Andrews also admitted that the men also went on to have a threesome with a woman, declaring it was an uncomfortable experience, where Saif was sexually forceful with him.  

Saif denied the allegations when Louis confronted him and the rest of the documentary explores his investigation with the university board.

Within the documentary Louis also talks to women, including Molly, who have been sexually assaulted while at university and feel as though the the Title IX law made them feel more secure.   

Louis Theroux: The Night in Question airs on BBC 2, at 9pm on Monday  

Within the documentary Louis (pictured) also talks to women, including Molly, who have been sexually assaulted while at university

Link hienalouca.com

https://hienalouca.com/2019/03/04/yale-student-cleared-by-criminal-court-for-sexual-assault-is-still-guilty-in-eyes-of-university/
Main photo article A former Yale student is seen breaking down in tears as he tells Louis Theroux of his pain at being banned from the college after being accused of rape, despite being cleared by a court. 
Former neuroscience student Saif Khan, 25, is the subject of Louis’ new documentary The Night in ...

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Dianne Reeves US News HienaLouca





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