Most broadly, FIRE is concerned that CASA still treats the problem of addressing sexual assault on campus like a one-sided issue of supporting victims, instead of attempting to protect the rights of both complainants and the accused.
www.thefire.org By Joseph Cohn
Monthly Archives: February 2015
The campus sexual assault panic — one of many runaway social epidemics in our nation’s history that have ruined innocent lives and corrupted justice — has now reached its peak.
www.bostonglobe.comBy Harvey Silverglate
“The idea that one in five college women has or will be sexually assaulted is mind-boggling and horrifying. It’s also not true…we’re inventing fictional rapes and throwing actual men under the bus.”
www.commentarymagazine.com by Heather Wilhelm
I cannot begin to describe how exasperatingly difficult it has been to try to explain to people what an informal complaint is and how there was never any evidence — nor any effort made to discover evidence — to substantiate the claim made by my accuser.
www.bostonglobe.com By Patrick Witt
The attorneys argue that although cases still go to a hearing if the investigator concludes that the accused is more likely than not guilty, those hearings lack a number of crucial safeguards meant to ensure a fair and accurate result, such as cross-examination.
www.thefire.org By Susan Kruth
“Our client’s integrity is intact, his transcript is clean and he will now be able to move on with his life without Jane Doe’s false allegations holding him back,” said Kimberly Lau
www.coloradodaily.com By Sarah Kuta
Nungesser was exonerated in a process with far fewer protections for the accused than a criminal trial. Yet he has been widely treated as a rapist in the media… The story is also a reminder that rape cases should be handled by police and courts, not universities –
www.newsday.com By Cathy Young
SAVE’s Open Letter to the Senate Education Committee calls out the Office of Civil Rights’ overreach
SAVE has provided some serious fodder for due process advocates by preparing questions and legal arguments to show how the OCR has violated multiple laws and flouted Supreme Court decisions in its “Dear Colleague” Letter regarding sexual assault enforcement at U.S. colleges. And the Senate Health, Education, Labor, and Pensions committee is set to begin hearings tomorrow, February 24.
Under what legal authority is the Office for Civil Rights overriding a Supreme Court decision in order to dictate the standard (preponderance of evidence) that courts must use to resolve private disputes?
How can the Office for Civil Rights fulfill its Congressional mandate when it apparently believes that equitable procedures only need to be provided to one party in the dispute?
The OCR guidance generally imposes liability on institutions even if they discipline the accused harasser, if they do not also “prevent its recurrence” and “remedy its effects,” and OCR says that even punishing the harasser “likely will not be sufficient” to comply with Title IX. (See “Questions and Answers on Title IX and Sexual Violence” (April 29, 2014), pg. 25 —http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf ).
This was major change accomplished without any notice and comment, as required by the Administrative Procedures Act.
The latest national hysteria over campus sexual assault combines aspects of its predecessors: the salacious outrage that characterized the daycare sex panic and the dubious federal stamp of approval that made McCarthyism’s excesses so dangerous. Spectacular — but widely disputed — statistics are touted: 1 in 5 women is sexually assaulted in college, 1 in 3 male students is a potential rapist. The rhetoric popularized by mattress protests and awareness documentaries is a simple one: “Believe the accuser!”
By Harvey Silverglate Boston Globe
More than a dozen student affairs associations, nonprofit organizations and victims’ advocate groups are releasing an open letter today urging state legislators to reconsider pending bills in several states that the letter says would interfere with colleges’ efforts to prevent campus sexual assault.
The letter, written by NASPA: Student Affairs Administrators in Higher Education, was sent to lawmakers in all 50 states; in several states, legislatures are considering bills that would require college officials to refer all reports of sexual violence to law enforcement or that would give accused students judicial rights, such as allowing a lawyer to fully participate on their behalf, that are not available to accusers.
by Jake New Inside Higher Ed