Last month, the Washington State Supreme Court ordered Gonzaga University in
Spokane, Wash. to pay $1.15 million to former student Ru Paster who had been
accused of date rape.
The story of Paster's seven-year struggle to get that settlement is both
horrible and heartening. Heartening because it is part of a growing backlash
against political correctness; horrible because it dramatizes how PC
feminist hysteria on campuses is denying to many male students even the
appearance of due process.
In October 1993, Paster was pursuing an education degree at Gonzaga, when
Roberta League, a teacher certification specialist, overheard a conversation
between a student named Julia Lynch and a friend. Lynch complained that
Paster had raped another student, eventually dubbed "Jane Doe."
Recognizing the names, League reported what she had heard to Dr. Susan Kyle,
the director of field experience for student teachers.
League also alerted an investigator at the Office of
the Superintendent of Public Instruction that certifies teachers of Paster's
possible sex offense. Paster was identified by name. The investigator
advised Gonzaga to speak with both Paster and the victim.
When pressed, Lynch repeated her accusation to League and Kyle. But upon
hearing of the University's investigation, however, "Jane Doe" became
furious and refused to file a complaint against Paster. She acknowledged
having an affair with him.
Even after a second meeting with Kyle, "Jane Doe" refused to file a
complaint or to make a formal statement. Then two more university staff
members met with her. One reported that she confessed to the sexual assault,
the other that she refused to confirm the "non-rape." (In later testimony,
"Jane" remarked that, when she refused to admit to the rape, the second
interviewer had asked if she knew "where people who lie go.")
In February 1994, the Dean of the school of education, Corrine McGuigan,
read written summaries of various interviews and decided not to support
Paster's application for a teacher certificate.
Without such support, Paster would not get his certificate. Under Washington
State law, teacher candidates are required to include a statement from their
school confirming that they have not been convicted of a crime nor have
"serious behavioral problems."
No one had spoken to Paster yet.
On the day he paid his final fees and tuition, Paster was called into
McGuigan's office and left alone to read a letter. It explained why he was
being denied the affidavit and therefore his teacher certificate. The letter
did not state who had made the date rape allegations. When Paster asked
about an appeal, he was told it was not possible.
In June 1994, Paster sued Gonzaga.
At trial three years later, "Jane Doe" testified via videotape and a
deposition that Paster had not raped her, that Lynch had "really blown
things out of proportion," and that statements from university officials
about her interviews contained "falsehoods."
Three years after the de facto verdict of date rape, Paster was finally able
to testify in his own defense and to present witnesses.
The university eventually was found guilty of "defamation, invasion of
privacy, and negligence" and ordered to pay $1.15 million in damages.
Gonzaga appealed and won a new ruling stating that the university had
followed state law that required it report behavior problems. The Court of
Appeal reversed the substance of the lower court's decision. The issue of
whether Gonzaga had defamed Paster when it notified State authorities of the
accusation was sent back to trial court.
In May 2001, seven years after the first legal complaint had been filed, the
Supreme Court of the State of Washington upheld the substance of the 1997
decision and award. The court found that Paster's civil rights had been
violated and he had been defamed.
Interestingly, no negligence was found as "Gonzaga had no duty to
investigate allegations." Various staff members had assumed the duty on
their own initiative.
According to Paster, they destroyed his teaching career and his dreams.
