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A Black student expelled from Dartmouth College’s Geisel School of Medicine claims a racially biased administrator pushed a flawed sexual assault investigation that ended his studies.

Now, the student, who is using the pseudonym “John Doe” in the lawsuit, is suing the Ivy League school in the United States District Court in Concord in hopes of graduating. Doe was one credit shy of completing his studies when he was expelled.

According to the lawsuit, Dartmouth’s all-White Title IX Hearing Panel found he had violated the college’s Sexual and Gender Based Misconduct Policy, or SMP, and ordered him expelled. Doe is accused of raping a woman he met through a dating app. He has never been charged criminally. Doe maintains the sex was consensual. 

Doe’s lawsuit claims not only did administrators violate the SMP rules for investigations, but the panel operated as a kangaroo court that denied him due process and relied on dodgy evidence.

Doe’s legal advisor for the Dec. 7, 2023  final hearing was not given access to the evidence until Dec. 6. At the last minute, the panel rescheduled the hearing to Dec. 8, according to the lawsuit. 

The panel ignored the results of a rape kit, which found the alleged victim did not suffer any trauma from the sexual encounter, the lawsuit states. The panel also did not question a video the woman presented as being from the sexual assault. According to Doe’s lawsuit, the video is almost completely dark and does not show him present. Instead, the woman — who is also not visible in the video — is heard saying stop. The video was posted to social media a month and a half after their sexual encounter, Doe claims.

Doe puts much of the blame on Dartmouth’s Title IX Coordinator, Kristi Clemens. Clemens is Dartmouth’s Assistant Vice President for Equity and Compliance and has a history of being involved in a racist incident involving Doe, according to the lawsuit.

In 2015, when he was an undergraduate, Doe said he was falsely accused of threatening a professor. In a subsequent meeting with Clemens, she told him he posed a threat because he is “big, tall, and Black,” the lawsuit states.

Doe was later targeted for racial harassment and threats by other students in 2016, but those complaints were ignored when he reported them to Clemens and other administrators, the lawsuit states.

Dartmouth did not respond to NHJournal’s request for comment.

It was Clemens who decided in December of 2022 to pursue an SMP investigation against Doe, even though the accusation did not fall under the scope of the school’s policy, according to the lawsuit.

Doe’s story is that he met a woman, referred to as Sally Smith in the lawsuit, through a dating app in late October 2022. The woman was not a Dartmouth student or employee, nor was she taking part in any college program. Smith told Doe she was single, and Doe says the two talked about seeking long-term relationships.

The pair hit it off, and a few days later, on Nov. 3, they had a sexual encounter at his apartment in Vermont.

Days later, on Nov. 9, Doe says Smith accused him of rape via a text message. Doe was stunned by the accusation and cut off contact with the woman. In the following weeks, Doe began getting threatening messages via text from a man he did not know, according to the lawsuit. The threats included statements to the effect he knew where Doe lived.

On Dec. 9, Doe was contacted by Vermont State Police Detective Chris Pilner, who was investigating Smith’s rape accusation. According to the lawsuit, Doe learned from Pilner that, much to his surprise, Smith is married. 

According to Pilner, Smith’s husband was now angry with Doe, and police had information he wanted to hurt Doe. Pilner went on to tell Doe that Smith reported the rape in November of 2022 but had stopped responding to police in the ensuing weeks.

Doe was never charged with a crime related to Smith’s accusations. However, weeks after Pilner interviewed him, Clemens informed Doe she was starting an SMP investigation based on a complaint from Smith. 

Doe’s lawsuit states the investigation went forward even though the incident in question did not occur within the bounds of Dartmouth’s jurisdiction. The encounter did not occur in a Dartmouth-owned building or involve student accusers and accused, nor was it in any way connected to any Dartmouth-sponsored program as the SMP normally requires to open an investigation.

When questioned, Clemens told Doe the policy allows for expanding the scope of investigations in “limited circumstances.” Though, according to the lawsuit, Clemens never explained to Doe what the circumstances were in his case. 

Doe is originally from the Democratic Republic of the Congo. Doe and his family struggled for years after they arrived in the United States in 2011, and he was even required to drop out of middle school to support his family for a time. Outside of school, he runs a non-profit that provides healthcare to women and children in his home country. 

Dartmouth’s current Sexual Misconduct Policy is partly a response to accusations the school has turned a blind eye to sexual harassment and assault. In 2020, Dartmouth agreed to a $14 million settlement in the lawsuit brought by several women who say they were harassed and assaulted by Department of Psychological and Brain Science professors Todd Heatherton, William Kelley, and Paul Whalen.

That lawsuit claimed the college facilitated the abuse by looking the other way and allowing for a culture of drinking, rape, and sexual harassment for years in the department.

Kearsarge Regional High School sophomore Maelle Jacques, a biological male, took first place in the girls high jump competition on Sunday, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

As expected, Jacques dominated and finished with a 5’1” mark, an inch better than any other athlete in the girls Division II competition. In the boys Division II, the lowest high jump was 5’8”, and the winning jumpers hit 6’2”.

The NHIAA did not respond to NHJournal’s request for comment last week. The non-profit group that oversees high school sports allows athletes to compete in whatever gender division they choose.

Jacques’ participation on the girls team, as well as Jacques’ string of wins over the last two indoor track seasons, have garnered national attention. Outspoken supporter of women’s athletics and 12-time All-American swimmer Riley Gaines blamed Kearsarge parents for allowing their child to take wins away from female athletes.

“How could the parents of this boy allow their son to cheat deserving women out of opportunities? And why don’t the parents of the girls stand up and say ‘no’ for their daughters?” Gaines posted on social media. “This country is full of failing, gutless mothers and fathers.”

Meanwhile, Democrats in the New Hampshire legislature continue to oppose legislation that would protect girls sports from male athletes. Rep. Tim Horrigan (D-Dover) dismissed concerns about Jacques’ domination of the girls high jump, calling it an “obscure competition.”

A biologically male athlete is expected to win big at the NHIAA indoor track championship this weekend while competing against girls. And there is currently nothing anyone can do about it. 

Not that Granite State Democrats want to. They’re opposing legislation to protect female athletes from male competitors. And one House Democrat dismissed concerns about the track meet as unimportant because it involves an “obscure competition.”

Kearsarge Regional High School sophomore Maelle Jacques, who competes on the Kearsarge girl’s team, has already racked up numerous first place wins competing against female athletes at other Division II schools over the past two seasons.

This season, Jacques dominated in the high jump competition and is the only athlete in the state competing in the girl’s division to break five feet. Competition among high school boys in New Hampshire has seen more than a dozen athletes break the five-foot mark this season.

Kearsarge Superintendent Winfried Feneberg released a statement declaring Jacques has the right to compete in any sport and as a member of any gender.

“Each student-athlete has the right to compete in the activity of their choice,” Feneberg said. “We believe that limiting access to any activity violates our core mission and vision, which are grounded in supporting every student and student-athlete’s right to pursue their goals and interests,”

Outspoken supporter of women’s athletics and 12-time All-American swimmer Riley Gaines responded to the Maelle Jacques story by calling out the athlete’s parents.

“How could the parents of this boy allow their son to cheat deserving women out of opportunities? And why don’t the parents of the girls stand up and say ‘no’ for their daughters?” Gaines posted on social media. “This country is full of failing, gutless mothers and fathers.”

The championship scheduled for Saturday at Plymouth State University is being held under the aegis of the New Hampshire Interscholastic Athletic Association. While NHIAA Executive Director Jeffrey Collins did not respond to requests for comment, the organization is fully supportive of allowing athletes to choose their gender for the purposes of competition.

“The NHIAA is committed to providing transgender student-athletes with equal opportunities to participate in NHIAA athletic programs consistent with their gender identity,” the NHII eligibility policy states. “The NHIAA has concluded that it would be fundamentally unjust and contrary to applicable state and federal law to preclude a student from participation on a gender-specific sports team that is consistent with the public gender identity of that student for all other purposes.”

Parents could change this if they started getting involved at the local school board level, said Shannon McGinley, executive director of Cornerstone Action.

“If school boards feared their constituents more than they feared (law firm) Drummond Woodsum and leftist superintendents, in a matter of months, we could have half the school districts in the state organized into an alternative NHIAA,” McGinley said. “The solution is for parents to stop accepting cowardly excuses from school board members who ran as conservative.”

Sen. Tim Lang (R-Sanbornton) is sponsoring SB 524 to address what he sees as the basic unfairness of male athletes forcing their way into sports for girls and women. Lang’s bill requires high school and college athletes to compete in the division that matches their biological sex at birth. 

“I’m a father of four kids, two of whom are girls, and I would not want my daughters bumped from a sports team because a biological male, who had a physiological advantage, chose to play on that sports team,” Lang said.

Biologically male athletes have inherent and obvious physical advantages against women and girls, he said. Medical science shows men have high bone density, more muscle mass, and even process oxygen differently than women, Lang said.

Rep. Timothy Horrigan (D-Dover) testified against SB 524 on Tuesday, arguing that “so-called ‘biological females’” did not need protection from males in their sports.

“We’re especially worried about cis women or cis girls, but this also prevents trans men from competing,” Horrigan said.

And Horrigan dismissed the case of Maelle Jacques because it involves an “obscure competition.”

“We don’t even know if she’s actually trans,” Horrigan said of Jacques, “but if she is, that’s certainly a very unfair thing [to keep her from competing]. A lot of these cases, they are pretty obscure competitions that normally sports fans wouldn’t be paying much attention to.”

Lang says his bill is not an attempt to create culture war headlines over people who suffer from gender dysphoria. He simply wants to protect women’s sports and preserve the mission of Title IX.

“This isn’t about gender; this is about biological sex,” Lang said.

Progressive social media star and former Dartmouth College student Jack Cocchiarella is settling the lawsuit he brought against one-time classmate Nathan Kim over allegations that Cocchiarella was a serial rapist. 

Lawyers for Cocchiarella and Kim informed the United States District Court in Concord last month they had reached an agreement through mediation sessions in December. The sides now have until Jan. 20 to file the settlement agreement in the federal court, which would include a stipulation that the case be dismissed.

The lawsuit accused Kim of spreading stories online that Cocchiarella raped and sexually assaulted women while he was a student at the Ivy League school. Cocchiarella has denied all accusations of sexual impropriety.

Cocchiarella claims Kim started an online harassment campaign using anonymous accounts on various social media platforms accusing Cocchiarella of rape.

“Kim individually and in concert with others has continued to propagate and publish the false statements and lies that Jack is a ‘rapist,’ ‘raped his classmates,’ ‘raped 6 women,’ ‘raped 8 women,’ ‘raped unconscious girls,’ and is ‘getting away with rape,’” the lawsuit stated.

The negative attention stirred by Kim’s posts threatened Cocchiarella’s lucrative political work, tarnished his reputation as he transfers to Columbia University, and even caused threats according to the lawsuit.

“To this day, Jack lives in fear for his life and safety as a result of the false statements and lies being spread by Kim,” the lawsuit states.

Cocchiarella’s attorney, Susan Stone, told NH Journal in August her client is innocent of any sexual violence.

“To be clear, Jack has never been accused of sexual assault and he has never been subject of a criminal or Title IX campus investigation,” Stone wrote in a letter to NH Journal. “He vehemently denies that he was subject to those allegations.”

The lawsuit claimed Kim’s harassment started after Cocchiarella confronted Congressman Madison Cawthorn when the North Carolina Republican appeared at Dartmouth College along with congressional candidate Karoline Leavitt.

Cocchiarella’s video of his confrontation with Cawthorn went viral and helped propel the student into a progressive influencer. Cocchiarella used his online fame to get high-profile political consulting jobs with Democrats like Florida’s Charlie Crist and Georgia’s Marcus Flowers.

According to a report in the Free Beacon, Crist’s campaign paid Cocchiarella’s consulting firm $2,250 for digital consulting. It got another $40,000 from the Flowers campaign. 

Cocchiarella also appeared on a YouTube television show for the Lincoln Project, an anti-Trump political action committee founded by alleged sexual predator John Weaver. Cocchiarella was on the show to plug his own political podcast, Zoomed In.

Accusations against Cocchiarella came to light in August, when NHJournal spoke to one woman who claimed to have been harassed by the rising political star. The woman said Cocchiarella sexually harassed her and inappropriately touched her, earning Cocchiarella a letter from Dartmouth’s Title IX Office laying out a disciplinary course of action, and threatening further sanctions if Cocchiarella did not comply. The copy obtained by NHJournal included Cocchiarella’s apparent signature.

His behavior deteriorated over the course of a few weeks into stalking-type behavior and included unwanted touching, she said.

“What was scary is he said a lot of really misogynistic things,” she said.

The woman said Cocchiarella used his reputation as a progressive, feminist-ally in order to get close. At the same time, his actions frightened her, she said.

“How does he have this platform as a feminist?” she asked.

While NHJournal was reporting the story in August, the Dartmouth College Democrats Twitter account published a tweet claiming Cocchiarella was kicked out of the club in 2021 when several allegations became known on campus. The club later deleted that tweet, but a source familiar with the matter confirmed Cocchiarella had been expelled from the club over the allegations.

The club later published a follow-up disavowing any use of the tweet about Cocchiarella.

Cocchiarella has denied all wrongdoing and further claims he has never been investigated by Dartmouth’s Title IX Office.

A lawyer for Gen Z political social-media star Jack Cocchiarella, reportedly kicked out of the Dartmouth Democrats after several sexual assault accusations surfaced last year, told NHJournal Cocchiarella denied the story.

“To be clear, Jack has never been accused of sexual assault, and he has never been (the) subject of a criminal or Title IX campus investigation,” Cocchiarella’s attorney Susan Stone wrote to NHJournal. “He vehemently denies that he was subject to those allegations.”

Stone sent a letter to NHJournal this week asking the news outlet to publish a Cocchiarella-written op-ed so he can make his case disputing the allegations. Before NHJournal had a chance to respond to Stone’s letter, however, an assistant to Stone asked that the letter be “recalled.” No explanation was provided. 

Cocchiarella has not responded to multiple requests for comment on the story. NHJournal has invited the Democratic activist to appear on the outlet’s podcast to address the allegations.

NHJournal spoke to one woman who says she was sexually harassed by Cocchiarella last year. Despite Cocchiarella’s denials, she provided NHJournal with a copy of a letter from the Ivy League school’s Title IX office to Cocchiarella detailing her allegations. The letter handed down a form of discipline against Cocchiarella and threatened him with further action. Cocchiarella’s signature is on the letter obtained by NHJournal.

Stone claims that not only has there never been any investigation, but Cocchiarella left Dartmouth in good standing.

The woman who complained to Dartmouth’s Title IX office about Cocchiarella’s sexual harassment said this week she could not believe Cocchiarella is persisting in denials, calling them ridiculous.

“I honestly am speechless about it all,” the woman said. “Also, very interesting they’re claiming that Dartmouth has no record of a Title IX investigation as that is so categorically untrue.”

Stone’s letter claimed Cocchiarella was never investigated for sexual assault, and that the accusations stem from a political trolling operation to harm him as he gained fame for his progressive advocacy.

“Since October of last year, Jack has been the victim of political trolling,” Stone wrote. “As the (NHJournal) article observed, Jack has built a strong political platform, and he personally confronted Congressman Madison Cawthorn when Cawthorn appeared at Dartmouth. Two days after that very public confrontation, the false reports of sexual assault allegations (that never existed) against Jack began to appear online.”

Stone also disputed the claim that Cocchiarella was kicked out of the Dartmouth Democrats after the sexual assault allegations became known on campus. She claimed the tweet from the Dartmouth Democrats’ account stating Cocchiarella was kicked out because of the accusations was later deleted.

NHJournal contacted a source close to the situation who confirmed that Cocchiarella was in fact kicked out over the accusations.

UPDATE: This week, the Dartmouth Democrats Twitter account put out a statement distancing the group from the tweet in question, though the statement falls short of a denial:

“The @DartDems deleted a Tweet about Jack Cocchiarella that had been posted on July 28th, 2022 to their Twitter account. The Dartmouth Dems do not condone any use of that deleted Tweet.”

Stone claimed Cocchiarella had been subject to death threats in the wake of the accusations. She claimed “authorities” were working with Cocchiarella to uncover who was behind the accusations, but failed to say if that meant a law enforcement agency of any kind.

“The false reports have been devastating to Jack. He has been doxed and his life is being threatened. Jack has also suffered damage to his reputation,” Stone wrote.

Cocchiarella transferred from Dartmouth to Columbia University in recent months, and Stone said the accusation would make it hard for him to safely transition to another school.

It was not clear what impact the accusations have had on Cocchiarella’s professional life. As a rising star in the liberal media, Cocchiarella appears on podcasts and television shows. He also earns thousands as a Gen Z digital consultant for the likes of Georgia’s Marcus Flowers, the Democrat running against Republican Congresswoman Marjorie Taylor Greene, and Florida Congressman Charlie Crist, who recently won the Democratic primary to take on Gov. Ron DeSantis in the fall.