

Remember Tinker Bell and her magic wand? She would wave her wand and POOF!, Pixie Dust was sprinkled about, which had magical effects on others.
In a recent case, a student complained she was a victim of non-consensual sexual assault. As proof, she claimed that she was a victim of PTSD, so she was incapable of saying 'no' or otherwise resisting the male student's advances.
The Hearing Board at SUNY-Purchase was so taken by her claim, that it didn't bother to ask how, when, or why the alleged PTSD happened. The female student apparently waved her PTSD wand, and the Hearing Board lost all sense of impartiality, reason, and fairness.
According to the judicial opinion rendered last Wednesday,
- the Hearing Board found “the complainant’s statements to be conflicting and unreliable as it pertained to her inability to give consent.” The Hearing Board concluded that “[t]here were considerable gaps in the complainant’s memory”...Nevertheless, the Hearing Board [illogically] found that although there was consent for lying together in bed, kissing, and the removal of the complainant’s pants, the complainant had not consented to the remainder of the sexual activity.
So the judge overturned the Hearing Board's decision, ruling:
- we grant the petition, annul the determination, vacate the penalties imposed for that violation, dismiss the charge that the petitioner violated code C.8, and direct Purchase to expunge all references to that finding from the petitioner’s academic record.
We're delighted that the judge was not fooled by the student's PTSD claim, which had no basis in logic or fact.