Michael Powell’s New York Times article on Keith Mumphery and Michigan State is extraordinary, one of the best single items written on the issue since its emergence with the 2011 “Dear Colleague” letter to colleges from the Office of Civil Rights in President Obama’s Department of Education.
The story that Powell relays is a deeply troubling one, even for the genre of Title IX cases: Mumphery was initially found not guilty by a Michigan State system that is heavily tilted structurally toward accusers. (The police also declined to file charges against him.)
But the case wasn’t over—his accuser, taking advantage of the “Dear Colleague” mandate that schools adhere to double-jeopardy principles in campus sex tribunals, appealed the not-guilty finding.
By this point, Mumphery wasn’t even at MSU anymore; he was prepping for his NFL career. He never received notice of the appeal, which was sent to an inactive MSU e-mail account. (Michigan State refused to answer Powell’s question of whether the university had any reason to believe Mumphery ever knew of the appeal.)
Michigan State’s appeals process, relying on the same evidence the university and police had previously deemed insufficient, found him guilty.
Moreover, the harm here was obvious: Mumphery lost all chance of an NFL career because of Michigan State’s handling of his case. The Houston Texans cut him after word of the granted appeal became public (through a Detroit Free Press article that didn’t mention the initial not-guilty finding), and it seems clear that without some sort of intervention from team owners, coaches, sportswriters or ordinary fair-minded people, he won’t be getting another NFL opportunity soon..."
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