Dive Summary:
- Swarthmore College student Mia Ferguson alleges the school denied her a position as a resident adviser due to her role in two sexual misconduct complaints and her refusal to name an alleged rape victim to authorities.
- Ferguson says she was accepted to the position during the spring term, before the complaints were filed with the U.S. Education Department, but Swarthmore officials say they are just following the law and intended no retaliation.
- According to the school, Ferguson, acting as a paid R.A. and "responsible employee" under the Title IX law, would have been required to report the student's name to authorities, though she says that requirement doesn't apply to information gathered long before accepting the job—and some legal experts agree.
From the article:
... That is a particularly delicate question for someone like Ms. Ferguson, whose activism had made her a confidante for a number of victims who told her their stories but wanted to remain anonymous.
But Swarthmore officials point to odd twists in this case that they say bolster their argument. They say they learned of the rape accusation only last week — and learned of it from Ms. Ferguson, who brought it up during resident adviser training. And though the episode occurred three years ago, the person who was allegedly the assailant is still a student at the college. ...