A lawyer for former Yale team captain Jack Montague disputed claims that Montague sexually assaulted another student in a statement Monday morning.
Here’s the full statement, via The Tab:
Jack Montague was expelled from Yale University on February 10, 2016 after a panel of the Yale University-Wide Committee found that he had unconsented-to sex 15 months earlier, in October 2014, with a female student who is currently a junior at Yale. He was expelled during the second semester of his senior year.
Last week, the media widely reported on statements made by Yale students and posters put up on campus which condemned Jack Montague directly as the named culprit and as a rapist, thus slandering him with this accusation. He was never accused of rape and Yale took no steps to correct these actions. As a result, Mr. Montague has no choice but to correct the record.
The University hired an independent investigator to investigate this matter and, as reported by her, the facts not in dispute and as stated in the female student’s account are these:
– The two students developed a relationship that led to them sleeping together in Jack’s room on four occasions in the fall of 2014.
– On the first occasion, the woman joined Jack in bed and stayed the night.
– On the second occasion, she entered his bed voluntarily, removed all of her clothes and, during the night, woke him to perform oral sex.
– On the third occasion, she joined him in bed, voluntarily took off all her clothing, and they had sexual intercourse by consent.
– On the fourth occasion, she joined him in bed, voluntarily removed all of her clothes, and they had sexual intercourse. Then they got up, left the room and went separate ways. Later that same night, she reached out to him to meet up, then returned to his room voluntarily, and spent the rest of the night in his bed with him.
The sole dispute is as to the sexual intercourse in the fourth episode. She stated that she did not consent to it. He said that she did.
A year later she reported the incident to a Title IX coordinator. A Title IX official – not her – filed a formal complaint with the University-Wide Committee.
Only two persons could have known what happened on that fourth night. The panel chose to believe the woman, by a “preponderance of the evidence.” We believe that it defies logic and common sense that a woman would seek to re-connect and get back into bed with a man who she says forced her to have unwanted sex just hours earlier. And yet the Dean accepted this conclusion and ordered Jack to be expelled. His decision was then upheld by the Provost.
We strongly believe that the decision to expel Jack Montague was wrong, unfairly determined, arbitrary, and excessive by any rational measure. Yale has been oblivious to the catastrophic and irreparable damage resulting from these allegations and determinations. The expulsion not only deprives Jack of the degree which he was only three months short of earning, but has simultaneously destroyed both his educational and basketball careers.
We cannot help but think it not coincidental that the decision by Yale officials to seek expulsion of the captain of its basketball team followed by little more than a month the report of the Association of American Universities (AAU) which was highly critical of the incidence of sexual assault on the Yale campus, and the Yale President’s promise, in response, to “redouble our efforts.” From what appears, Jack has been pilloried as a “whipping boy” for a campus problem that has galvanized national attention.
There is no doubt that institutions of higher learning must take the problem of sexual abuse seriously and take effective steps to protect its women students. But that obligation cannot justify imposing so drastic a punishment on the basis of such flimsy evidence.
Mr. Montague intends to sue Yale University to vindicate his rights.
The Yale men’s basketball team apologized Wednesday “for the hurt we have caused” in its show of support for Jack Montague, which consisted of team members took the court wearing shirts with Montague’s jersey number and nickname, “Gucci,” on the back and “Yale” spelled backwards on the front before Yale’s Senior Night game against Harvard last month. Earlier this month, the Yale Daily News reported posters subsequently featuring a picture of the team dressed in the shirts and asking Yale men’s basketball to “stop supporting a rapist” all over campus, including at the entrance of Payne Whitney Gym.
More information on the University-Wide Committee Procedures can be found here. The Family Educational Rights and Privacy Act prohibits universities and other institutions of learning from sharing a student’s private educational records, including disciplinary information, without the student’s prior written consent.
Yale Daily News reporter Maya Sweedler said on Twitter Monday that questions during the team’s NCAA teleconference were 50 percent Baylor-focused and 50 percent Jack Montague-focused immediately following the release of Montague counsel’s statement Monday morning.
Wow. I suspected the facts supporting the expulsion were flimsy, but this is ridiculous. A year later the woman complains? And after having spent the night three previous times, including initiating oral sex and willingly sleeping with JM, she now claims the fourth time was nonconsensual? And after that time she comes back and spends the night? Are you kidding me? Sounds like JM may have dumped her at some point and she got pissed — what better way to get revenge than complain to the Title IX coordinator. Why wait a full year to report what other students posted around campus as a “rape”? And to get expelled under these circumstances? Sorry but this does not pass the smell test, and in fact belittles real incidents of sexual assault. Yale is totally out of control here, and if these facts turn out to be correct I suspect a huge judgment against Yale (although Yale will probably settle first).
There is a terrific book by the great Jon Krakauer, titled Missoula. It details in depth, the problem of rape on college campuses. The book specifically looks at the Montana football team. It takes us through a trial of a girl that was brave enough to come forward. Yes, it is a major problem. That does not mean you go after someone, potentially ruining their lives, for the sake of showing the world that they take rape seriously. I am astonished by the facts presented that this kid was expelled. There is almost no chance that this could be called rape. By the purist definition, if a girl says “No”, and they have sex, it is considered rape. However, this was not an athlete who got drunk at a party and lost his mind. This was the 4th time they had hooked up. Even a sign of ambivalence from the girl, could not be considered, NO. She waits a year to say something? She did not personally file a complaint? This was their 4th time in bed together? They were not drunk at some party? The facts as presented make this decision bizarre. JM may not have a degree from Yale. He will be denied the joy of finishing his hoops career, in the NCAA tournament no less.He will likely become a wealthy man. Yale will pay dearly in their efforts for political correctness. Rape is a major problem. It must be taken seriously. However, the facts presented here, in no way indicate there was any mal intent.