Topic

Sexual Assault

387 petitions

Update posted 2 weeks ago

Petition to 9th Circuit Court of Appeals

JUSTICE FOR AAREFAH MOSAVI! 9th CIRCUIT COURT OF APPEALS: GRANT HER APPEAL NOW!

Stop the Cover-up of Rape and Sexual Assault by Mount San Antonio College in Walnut, CA and all School Administrations Defend Title IX Against Betsy DeVos and Trump’s Attacks EXECUTIVE SUMMARY Whereas, Justice for Aarefah Mosavi is justice for all who share her experience of having been raped or sexually assaulted, and who have suffered the failure of administrations and managements who cover-up for and turn a blind eye to those offenses. Ms. Mosavi, a Muslim American woman, made the valiant decision to publicize both Chester Brown’s offenses and those of the Mt. San Antonio College administration, inspiring women and women’s rights supporters across the world with her recorded testimonial, Whereas, Injustice against one is an injustice against all who have suffered rape and sexual assault.  Whereas, The constituents of the United States of America must stand united against violence and discrimination against women and against institutionalized violence and discrimination against all victims of sexual violence, and any institution that perpetuates these vices. Whereas, In June 2015, Aarefah Mosavi brought dual lawsuits against Mount San Antonio College and Chester Brown, a student and co-worker at Mount San Antonio College, for rape, sexual assault, sexual harassment, and religious discrimination, Whereas, Aarefah Mosavi brought a lawsuit against Mount San Antonio College (Mt. SAC) administration for violating Title IX in myriad ways, including demanding Ms. Mosavi re-enact the rape that Chester Brown committed against her on a note-taker in the “investigative” meeting despite admitting under oath that they knew Ms. Mosavi was traumatized, violating the Clery Act by failing to record incidents of crime accurately, including Aarefah’s complaint against Brown; interviewing Brown’s witnesses, but refusing to interview any of Aarefah’s witnesses; failing to view drastic changes in Brown’s accounts of how he sexually assaulted Ms. Mosavi; failing to question the credibility of Brown when he admitted he deleted text messages that implicated his guilty conduct surrounding the night he raped her; Lorraine Jones admitted under oath that she and co-defendant James Czaja closed the investigation into Mosavi’s complaint before they were supposed to, Whereas, Judge Michael W Fitzgerald negligently and wrongfully threw out Aarefah’s case against Mt. SAC administration despite admissions under oath that clearly show defendants discriminated against Mosavi and violated her Title IX rights, and despite that Mt San Antonio College failed to disclose documents relevant to their sham 'investigation' of Aarefah's complaint (Mosavi v Mt San Antonio College et al, p2, 2018). Whereas, When Ms. Mosavi took Chester Brown to trial in August 2018, presiding Judge Virginia A. Phillips conducted herself prejudicially against and with hostility towards Aarefah and her legal counsel by: threatening Aarefah Mosavi and her counsel with jail if they used the word “rape” to describe the rape Chester Brown committed against her; threatening Aarefah Mosavi and her legal counsel with a mistrial if the words “Metoo” were used in court; refusing to allow Aarefah’s counsel to question jurors during jury selection to eliminate the potential for bias; depriving Ms. Mosavi of her right to a jury of her peers by disqualifying prospective jurors simply on the basis that they had previously been victims of sexual assault or rape and by lacking young Muslim women who wear hijab on the jury; refusing to allow Ms. Mosavi to refer to her medical records, which document extensive injuries she sustained because of the rape Chester Brown committed against her; violating Ms Mosavi and her supporters' 1st Amendment Constitutional right to protest by prohibiting them from protesting within 2 blocks of the Federal Courthouse; defense attorney Martin Carpenter for Chester Brown was caught influencing Brown to lie about what he could remember; Chester Brown perjured himself on the witness stand with no admonition from Judge Virginia A Phillips, Whereas, The federal nature of this lawsuit may affect students across college and university campuses that receive federal funds, and it may set a precedent that will establish what more colleges and universities can get away with in their suppression of sexual violence on college campuses. Therefore Be It Resolved That: 1. We, the undersigned condemn the ways that Aarefah Mosavi was stripped of her right to due process and a fair jury trial by Michael W. Fitzgerald and Virginia A. Phillips. 2. We, the undersigned demand  that the 9th Circuit Court of Appeals grant Aarefah Mosavi’s appeal. 3. We, the undersigned demand the Mt. SAC and other school administrations be held accountable for their cover-up of rape and sexual assault 4. We the undersigned, demand that Chief United States District Judge Virginia A Phillips be impeached granted the prejudicial, hostile, and unconstitutional means by which she conducted herself against Plaintiff and her counsel. 5. We the undersigned demand that Martin Carpenter of Carpenter, Rothans, & Dumont be sanctioned by the California Bar Association for suppression of evidence, attempting to admit perjured documents into evidence, neglecting evidence tampering by his client, and for influencing defendant Chester Brown to lie about what he could remember in relation to statements Brown made to police officers. 6. We the undersigned demand that Chester Brown be sentenced for committing perjury in addition to religious discrimination, rape/sexual assault, and sexual harassment.  7. Defend Title IX Protections for victims of sexual assault against attacks by Trump and his Education Secretary Betsy DeVos Send a letter of support calling on the 9th Circuit to grant Ms. Mosavi’s appeal to: ronald.cruz@ueaa.net  BACKGROUND  Via United for Equality and Affirmative Action (UEAA) "Years before the #Metoo movement, Aarefah Mosavi, a female Muslim student at Mt. San Antonio college began a public campaign that forced the man who raped her, Chester Brown off the campus and the resignation of several administrators who tried to cover up that she had been raped. Her case has taken on national importance as her video testimony went viral, providing leadership and inspiration to many other women who have come forward to publicly name their rapists. Aarefah’s continuing struggle has helped lay the ground work for the #Metoo movement.  The brave actions of women like Aarefah Mosavi, Christine Blasey Ford, and the #metoo movement founded by Tarana Burke have created a major shift in popular consciousness in favor of believing women and survivors, further discrediting the misogynist victim-blaming and slander used to silence women. They have brought what has been for far too long the private struggle of millions of individual women, out into the public light. Our movement is now putting the rapists and those who protect them on trial to face the public shame of what they have done. We stand with Aarefah Mosavi in demanding the Ninth Circuit Court grant her appeal. Aarefah’s fight for justice is the fight for us all. Aarefah’s Fight for Justice: On December 12, 2013, Aarefah Mosavi was raped by another student and co-worker, Chester Brown. When she reported the incident to Mount San Antonio College, she faced what almost every college student comes up against in seeking justice against their assailant; an administration prepared to do everything they could to crush her into silence. First the Title IX coordinator told Aarefah to re-enact the rape by performing the rapist’s actions on another administrator. Aarefah had already described what Brown did to her in previous interviews, but when she expressed discomfort in reenacting the rape, the administration cited this as “failure to cooperate.” They accepted testimony from Chester Brown’s supervisor and his friends vouching for his ‘good character,’ but dismissed and refused even to interview Aarefah’s witnesses, including another woman who had also faced sexual harassment and religious discrimination by Chester Brown. They permitted Chester Brown to remain on campus during the so-called ‘investigation,’ where he continued to work in the same building Aarefah attended class. When Aarefah complained of the rapist loitering at the footsteps leading up to her class, the Title IX coordinator told Aarefah to not report unless he “touched” her or “said anything” to her. The Title IX coordinator refused to provide Aarefah with notes that were taken during interviews after she repeatedly asked for all records pertaining to her complaint. But Aarefah refused to be silenced, and she took matters into her own hands. She began a public campaign of rallies, marches, and public tribunals to expose Chester Brown and the administration’s cover-up. A video of Aarefah’s testimony inspired other women to come forward at Mt. SAC, UC Berkeley and other campuses. Aarefah filed federal lawsuits against Chester Brown and against the Mt. SAC administration for their gross violations of her Title IX rights through attorneys Shanta Driver, Ronald Cruz, and Monica Smith. The Courts, already entrenched in age-old misogynist tradition, and now emboldened by Trump’s promotion and defense of sexual assault and abuse of women, have so far failed to provide justice for Aarefah. After ruling twice in her favor, Judge Michael W. Fitzgerald wrongfully threw out Aarefah’s case against the Mt. SAC administration, despite the multiple abuses of her rights and attempt to cover-up the rape that were made clear during testimony the college defendants made under oath. 1) They admitted under oath that they did not interview Aarefah’s witnesses but interviewed Brown’s; 2) They admitted under oath that they did not review changes in Brown’s testimonies given to campus public safety (which describe a sexual assault) 3) The Title IX Coordinator admitted under oath that she and co-defendant James Czaja closed the investigation into Aarefah’s complaint before they were supposed to.  4) The Title IX coordinator admitted under oath that she saw that Aarefah was traumatized, but still demanded that she simulate the rape in her traumatized state. 5) They admitted under oath that they did not question Brown’s credibility when he destroyed all text messages pertaining to the night the rape took place.  In August, 2018, Aarefah took Chester Brown to trial. From before the trial even started, Judge Virginia A. Phillips issued rulings limiting what the jury could see or hear, unquestionably influencing the scope of the trial and the final verdict. Judge Phillips 1) threatened Aarefah Mosavi and her counsel with jail if Aarefah or her counsel said she was raped by Chester Brown; 2) she threatened Aarefah and her legal counsel with a mistrial if the words “Metoo” were used in court; 3) she refused to allow Aarefah’s counsel to question jurors to eliminate the potential for bias; 4) she deprived Aarefah of her right to a jury of her peers by disqualifying prospective jurors simply on the basis that they had previously been victims of sexual assault or rape and by lacking young Muslim women who wear hijab on the jury; 5) she refused to allow Aarefah to refer to her medical records, which document extensive injuries she sustained because of the rape Chester Brown committed against her; 6) she demanded that any mention of the college’s transgressions be stricken from the record, but she allowed the college Title IX coordinator to serve as a witness for Brown. 7) Phillips allowed defendants to use altered documents against Aarefah during trial, but refused to allow Aarefah’s counsel to refer to her medical records. 8) Phillips violated 1st amendment constitutional rights of Aarefah’s supporters when she prohibited them from protesting within 2 blocks of the Federal courthouse. 9) Attorney Martin Carpenter for Chester Brown was caught influencing Brown to lie about what Brown could remember. 10) Chester Brown perjured himself on the witness stand with no admonition from Judge Virginia A Phillips. Virginia A Phillips’ unjust actions are reprehensible and were largely responsible for depriving Aarefah of her right to justice and a fair jury trial.  At the core of Aarefah’s relentless fight for justice are her unshakable conviction of her own dignity and equality, and determination that the truth must prevail, and an understanding that taking on both the rapist, and the institutions that defend him, requires organization and a movement. Aarefah is speaking out publicly across the state of California and beyond to gain public support for her appeal to the 9th Circuit Court. The Federal nature of this lawsuit will affect students across college and university campuses that receive federal funds, and it will set a precedent that will establish what more colleges and universities can get away with in their suppression of sexual violence on college campuses. As Trump’s Education Secretary Betsy DeVos is attempting to gut Title IX protections for rape and sexual assault survivors at schools and college campuses, championing Aarefah’s case and her fight for justice, and inspiring survivors to publicly name rapists and hold them accountable through collective action, we can defeat these attacks. Most importantly we can change the entire climate for women so we can be free to develop our talents and fulfill our dreams without the constant threat of sexual assault and harassment. “Survivors are resilient, we are triumphant: we are soldiers, we are Olympians, we are lawyers, we are doctors, we are academics, artists and musicians: we are champions in every profession, and neither our resiliency nor our success shall be used against us to deny us the virtue of justice that is owed to us, and our liberty that is inalienable to us!” –Aarefah Mosavi Aarefah’s legal fight is not over, and the movement is only just getting started. The justice survivors can win is in the palm of our hands, our voice, and our defense of each other and our common humanity.

Aarefah Mosavi
1,322 supporters