Michigan State has good reason to be particularly sensitive to threats of suit, allegations of Title iX violations, failing to believe the “victim.” Given its failure to protect a great many women from Larry Nasser, the last thing it needed was another incident. Which gave rise to a situation ripe for abuse.
According to the suit filed by Andrew Miltenberg on behalf of former Houston Texans wide receiver, and former MSU student, Keith Mumphery, the psuedonymous Jane Roe was the aggressor, infuriated by Mumphery’s refusal to have sex without a condom.
At this juncture, Plaintiff called a friend to discuss what had just happened and whether he had acted incorrectly in bringing up wearing a condom. Roe participated in this conversation, and at one point took Plaintiff’s cellphone from him and spoke with Plaintiff’s friend.
The timing of this telephone call is corroborated by Plaintiff’s cellphone bill.
After speaking with his friend, Plaintiff and Roe began to argue. As Roe began to raise her voice, it quickly became apparent to Plaintiff that he needed to extricate himself from the situation—leaving approximately 30 to 40 minutes after he arrived.
Roe was the aggressor, and Mumphery chose not to catch the pass. Under other circumstances, he would be applauded for refusing to have sex without a condom, then extricating himself from the situation when it became clear that the “victim” was becoming belligerent at his refusal to engage in unsafe sex. And there was evidence, hard evidence, to prove it.
Even though the accusation by Roe was investigated and dismissed by law enforcement, that didn’t save him from expulsion.
The suit alleges MSU violated Mumphery’s constitutional due process rights, with “repeated failures” to give him “proper notice of the proceedings”:
There was no proper hearing, there was no cross-examination; there was no sworn testimony, and the evidence that supposedly supported Jane Roe’s false allegations was originally determined to exonerate Plaintiff.
Mumphery graduated in 2014 and was going for his masters as he played for the Houston Texans. Until the Detroit Free Press learned of the matter and asked the Texans how it missed this when drafting Mumphery. He was then unceremoniously cut from the team. It’s #MeToo time.
“Michigan State, in trying to distract attention from its other misdeeds, has made former Academic All American and Houston Texan, Keith Mumphery its next victim. The misapplication of Title IX has reached new depths, being used to destroy the NFL career of an individual several years after graduation,” said Andrew Miltenberg, Mumphery’s attorney. As a result of Michigan State’s biased and unlawful actions, Keith Mumphery is being unfairly persecuted for false sexual misconduct allegations that have ruined both his career in the NFL and his future educational prospects.”
That it ended a professional football career is significant only in that it reflects the speciousness of arguments of insignificance of campus Title IX adjudications. This is a life-changing event for Mumphery, based not on his skills playing football but on the ill-motivated expulsion despite conclusive evidence that he was the victim of an unhinged accuser.
Had Mumphery been properly convicted of sexual assault, the abrupt termination of his professional football career might evoke no tears, even though some might argue that the penalty for his conduct was his “sentence” and was as far as it should go, and playing football was beyond the penalty. After all, he “paid his dues” and we’re all about second chances. Except when it comes to sexual assault.
But he wasn’t cut because he committed a sexual offense. Indeed, he wasn’t expelled for that either. He was expelled because MSU didn’t need the bad press and aggravation of another woman accusing it of failing her, and decided that Mumphery was expendable, despite the evidence proving no sexual assault occurred. Better to sacrifice its football player than its reputation.
And the Texans showed no greater fortitude. When Freep outed Mumphey, they threw him under the bus rather than face the mob. Granted, it would have been nearly impossible to sell his retention to the outraged public, given the tenor of the times and the depth of passionate ignorance, that Mumphery committed no wrong and was, in fact, the victim of an accuser and a University more concerned about its own problems than destroying the career of a star football player. Hey, you can’t reason with a mob.
Keith Mumphery lost his reputation and a very lucrative career for which he’s spent his life preparing. But when fear dictates the outcome of the process, what’s an innocent guy’s life compared to believing the victim? And if you’re MSU, after enabling Nasser’s decades of abuse, Mumphery was just one more life of many ruined.