Title IX can be weaponized, with the accuser using the threat of a complaint with the Office for Civil Rights (OCR) to effectively force a college to do her bidding…working through the Title IX coordinator at her own institution, she (accuser) wrote to an administrator at Middlebury, with an ill-concealed threat: “I am pursuing,” said she, “a complaint with the office of [sic] civil rights.” And suddenly Middlebury, decided that it would conduct a second investigation—even though the accuser wasn’t a Middlebury student.
mindingthecampus By KC Johnson
Monthly Archives: September 2015
A false rape accusation against former University of Michigan student Drew Sterrett cost the young man three years of his life.. “OCR’s interpretation of Title IX contributed to the climate that produced the unjust expulsion in the Sterrett case.
thecollegefix By Derek Draplin University of Michigan
OCR’s guidance overreach has been weighing on Sen. Lamar Alexander, R-Tennessee, chairman of the Senate committee that handles education…It bothered him so much that he crashed a different committee’s hearing Wednesday to lecture a Department of Education official about her lawless underling at OCR.
thecollegefix By Greg Piper
These surveys are trying to describe the most intimate activities of people by forcing them to answer binary questions about behavior that can be ambiguous, complicated, and confusing…there is a danger when the findings of surveys like AAU’s are treated as proof that vast numbers of female college students are victims of sexual violations. It puts schools under increasing pressure to prove that they are doing something about this alleged epidemic, and this, in turn, has led to the creation of policies that offer little due process, but severe punishment, for men accused of misconduct.
www.slate.com By Emily Yoffe
…the survey, by the Association of American Universities (AAU), was itself deliberately designed to exaggerate the number of sexual assaults on campus, even the AAU said that “estimates such as ‘1 in 5′ or ‘1 in 4′ as a global rate” across all universities is [sic] oversimplistic, if not misleading”…The problem is no doubt serious, if shrinking. But it has been vastly exaggerated by the Obama administration, anti-rape activists, their media allies and universities pandering to them.
…colleges trample the rights of accused students in favor of protecting the civil rights of accusers…Schools can play a productive role in helping students who say they have been assaulted — by assisting these students through the legal system. But that would decrease the likelihood of punishment, since evidence and credibility are required in criminal and even civil trials.
washingtonexaminer By Ashe Schow
…college students accused of sexual misconduct are routinely denied due process in campus judicial proceedings. In recent years, an increasing number of those students have been taking their universities to court, arguing that unfair campus proceedings violated their constitutional due process rights, breached contracts, and even discriminated against them on the basis of sex.
thefire.org By Samantha Harris
Florida State University quarterback Jameis Winston has been cleared by a school panel that considered whether he violated the student conduct code in relation to allegations that he sexually assaulted another student two years ago.
After exhausting his appeals at Middlebury, John Doe sued… the case’s unusual history, in which one academic institution cleared John Doe while another expelled him, created “a unique situation.” Still, Judge Murtha agreed that John Doe, a senior, should not have his education interrupted before his lawsuit could be heard.
saveservices By Andrew Mytelka
“Only in an Orwellian world would students be smeared as sex offenders for violating a policy that didn’t even exist,” notes SAVE spokesperson Sheryle Hutter…affirmative consent is a controversial, possibly unconstitutional policy, and most colleges had not implemented the policy when AAU fielded the survey in April 2015.
saveservices Press release