Vindication for a Student Suspended from Savannah State University
Joseph Roberts

One cannot truly understand the question, “If God is so loving, why do evil people flourish and innocent people perish?”, until you stand in the shoes of an accused student at a university. My name is Joseph Roberts, and this is my story.

I grew up and graduated from high school in Atlanta, Georgia. After military service in the Navy, I decided to be the first in my family to graduate from college. In 2009 I enrolled at Savannah State University, the oldest public historically black college in Georgia. I became an English major and held several leadership positions, including captain of the quiz bowl team.

Then in late April 2013, three weeks before my graduation day, I received an email at 10:30pm from the Vice President for Student Affairs, saying I had been accused of sexual harassment. The email stated I was being summarily suspended by the school and prohibited from attending classes pending a university "investigation."

A few minutes later I received a message emailed to every student and faculty member on campus. The email displayed my photograph, with a warning to immediately report me to campus police if I was seen on university property.

The SSU Student Handbook states, “Students accused of violating the Code of Student Conduct shall be entitled to an expeditious hearing of the case.” But the hearing never took place. I was never questioned by police. I never got to share my story with any school official.

If I had been given the opportunity, I would have explained that the allegation did not arise from a late-night hook-up gone wrong, nor was it a “he-said, she-said” misunderstanding. Rather, I would have said that the allegation was a fabrication, motivated by the fact that my accuser was running for a student government position, and I had come out in support of her opponent.

Despite the embarrassment of one's name becoming the focus of campus gossip, I did not slip away quietly into the night. I repeatedly requested the Assistant Vice President of Student Affairs to view the incident report. Those requests were ignored.

My temporary suspension soon turned into a de facto expulsion. Graduation day approached, and my disappointed and confused family had to cancel their hotel and flight reservations.

I then brought my concerns to university president Cheryl Dozier. I explained that “without any details of the incident, a hearing, or due process rights, I have the right to appeal." She did not respond.

Savannah State University is part of the University System of Georgia, so the next step was to appeal the case to the Georgia Board of Regents.

Since I was now barred from campus, I conducted my research at a local law library. I devoted long hours to drafting the appeal. I canvassed the internet for legal theories and precedents.

With the support of family and friends, I remained optimistic that this situation would pass and I would return to my normal course of study. But to my dismay, after a nine-month suspension, the Georgia Board of Regents denied me the opportunity to even present my case.

This didn’t stop me.

Discovering that local lawyers were not sympathetic to the notion of a man being falsely accused of a sexual offense, I had no other choice than to become my own attorney. I immersed myself in the law collection at the Chatham County Law Library. Four months later in April of 2015, I filed a 48-page civil complaint in the Northern District of Georgia federal court.

Lacking knowledge of how to present my case using the proper legalese, the federal court ruled against me. I didn't survive the attorney general’s motion to dismiss for failure to state a claim.

But two years later I received a vindication of sorts.

In April 2014, two male students at Georgia Tech University engaged in consensual sexual activities. But afterwards “John Doe,” as the student was named in the subsequent lawsuit, desired to end the romantic relationship, even though the two had remained on friendly terms.

A year later the rebuffed student filed a complaint with the University, alleging the sex had been non-consensual. The Georgia Tech investigator eventually determined that Doe should be expelled. The case was appealed to the president and the expulsion was upheld. So John Doe brought the case to the Board of Regents.

And in late December 2015 – one year after my request had been denied by the very same group – the Board of Regents ordered that John Doe be reinstated. http://www.washingtonexaminer.com/expelled-georgia-tech-student-reinstated/article/2579610?custom_click=rss&utm_source=dlvr.it&utm_medium=twitter

I became even more elated when a month later Rep. Earl Ehrhart called out the Georgia Tech administrators. “The president and the administration are just clueless when it comes to due process on that campus and protecting all those kids. If I have to talk to another brokenhearted mother about their fine son where any allegation is a conviction and they toss these kids out of school after three and a half years, sometimes just before graduation, it’s just tragic,” Ehrhart charged. http://politics.blog.ajc.com/2016/03/07/powerful-state-lawmaker-calls-for-georgia-tech-presidents-ouster/

“After three and a half years, sometimes just before graduation” – that’s exactly what had happened to me.

In retrospect, the ordeal gave me a crash course in the importance of strong legal representation. My experience solidified my desire to assure due process and fairness for everyone.

I now understand the importance of strong family support, perseverance, and a strong work ethic. The constant struggle to prove my innocence was excruciating. But the pain and hurt made me even more determined. I pushed forward.

Most of all, I learned to never allow a scurrilous accusation of sexual misconduct to define me.