Stop the Cover-up of Rape and Sexual Assault by Mount San Antonio College in Walnut, CA and all School Administrations

Defend Title IX

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 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,

The 14th Amendment guarantees equal protection under the law, and courts must establish precedent that legally entitles survivors to fair Title IX investigations into sexual misconduct complaints as courts have established for rapists and the accused,

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 (Administrative Review Letter, p. 3) despite admitting under oath that they knew Ms. Mosavi was traumatized (Deposition of Lorraine Jones P. 85 L17-20), 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 was hiding text messages that implicated his guilty conduct surrounding the night he raped her; Brown later admitted under oath he deleted them; Lorraine Jones admitted under oath that she and co-defendant James Czaja closed the investigation into Mosavi’s complaint (Deposition of Lorraine Jones p. 33 L3-8), and denied Aarefah the right to a hearing to appeal their wrong decision (Deposition of Lorraine Jones, p. 116 L 25, p. 117 L1, L9-25);

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 (Mosavi v. Mount San Antonio College et al Document 263 p. 12 L.12-15; p. 13 L7-10; p.16 L20-23); 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; Ms. Mosavi did not have a jury of her peers; she neither had assault survivors nor 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; allowing Brown to use prejudicial documents he altered against Mosavi during trial; violating Ms Mosavi and her supporters' 1st Amendment Constitutional right to protest by prohibiting them from protesting with signs around the full block of the Federal Courthouse (Mosavi v. Mount San Antonio College et al Document 263; p. 32 L.17-20; p.33 L. 2-4); 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,

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 lower courts' sexist and Islamophobic findings favoring the college and rapist Chester Brown be reversed.

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 removed 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 altered 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, rape/sexual assault, and be held accountable for sexual harassment and religious discrimination. 

7. Defend Title IX Protections for victims of sexual assault

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 a note taker. 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 her sister who had 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 biology 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. 

The Courts, already entrenched in age-old misogynist tradition 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 re-inact the rape even though she was visibly emotionally distraught. 5) They admitted under oath that they did not question Brown’s credibility when he claimed he "lost" his phone that contained the messages pertaining to the night the rape took place. 6) Jones admitted under oath there was no hearing process for Aarefah to appeal the decision (Deposition of Lorraine Jones, p. 116 L 25, p. 117 L1, L9-25).

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 the full block around the Federal courthouse (Mosavi v. Mount San Antonio College et al Document 263; p. 32 L.17-20; p.33 L. 2-4). The Supreme Court has ruled that sidewalks are protected. 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 case. 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. By 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