Is Making a False Rape Allegation Sexual Harassment?

Is Making a False Rape Allegation Sexual Harassment?

In a lawsuit against the University of Maryland, federal district judge Paula Xinis ruled that the university was negligent in failing to protect a falsely accused male student from a defamatory campaign by a female student and a campus support group called Preventing Sexual Assault. This campaign resulted in the male student being kicked off the lacrosse team. Based on ample legal precedent, the judge ruled that under Title IX, false rumors about one’s sexuality or sexual conduct are a form of sex-based harassment under which a claim of damage can be made. False rape claims, although rare, not only victimize the falsely accused, but also the far more numerous true victims of sexual assault, whose claims are received with less credence as a result. Universities are in a difficult position: failing to discipline students for false claims of rape is just as serious as neglecting true claims. For extensive excerpts from the ruling and discussion.

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