Harvard Law School professor Jacob Gersen criticized the federal government for enforcing its Title IX “guidance” as law. Gersen also echoes FIRE’s concerns that the guidance all but requires that schools dispense with due process…Gersen explains why this kind of enforcement is not just problematic, but illegal:
thefire.org By Alex Morey
Monthly Archives: January 2016
At USC, and hundreds of other campuses, an online Title IX training course must be completed before students can register for classes. Among the questions asked was: “How many times have you had sex (including oral) in the last three months?” The course also asked how many partners students had had within this period, how many times they had used a condom and whether they had been drinking alcohol or using recreational drugs just prior to their sexual encounters….Violations of privacy, due process and other liberties are the inevitable result of creeping federal intervention in education.
ocregister.com By Adam B. Summers
Parents interviewed for this article echoed this description of the dramatic mental health toll of their sons’ experiences of being falsely accused of sexual assault on college campuses—even when they were ultimately found not guilty of the charges…“I was just in a rut. I moped around my house. I didn’t work. I gained weight. I didn’t want to go back to the gym and show my face because everyone thought I was supposed to be at school. I didn’t want to answer questions about why I was there [and not at school]. I thought about the situation and cried myself to sleep. I was borderline suicidal.”
thedailybeast.com By Emily Shire
I’ve written before that there seems to be a war on college men, a campaign to subject them to kangaroo-court procedures in which to be accused of a crime is to be presumed guilty, and to punish them severely. It’s reaching the point that many campuses are becoming hostile educational environments for male students.
usatoday.com By Glenn Harlan Reynolds
A falsely accused college male filed a complaint in U.S. District Court in October 2014, alleging that a 2012 sanction by ASU barring him from playing football his senior year violated his rights of due process and equal protection under the 14th Amendment and discriminated against him based on gender in violation of the federal Title IX law. The university and three administrators were named as defendants.
wataugademocrat.com By Anna Oakes
In George Will’s opinion Marco Rubio has a ‘recurring penchant for ill-considered undertakings. Stating that Rubio’s support of S-590, the Campus Accountability and Safety Act, indicates a susceptibility to trendy temptations, carelessness regarding evidence, and indifference to constitutional values.
George Will goes on to write:
Wielding irrelevant laws, spurious social science and financial coercion, the Obama administration is pressuring colleges and universities to traduce standards of due process when dealing with students accused of sexual assault. Claiming that a 1972 law prohibiting sex discrimination in education somehow empowers the government to dictate institutions’ disciplinary procedures, the administration is dictating that a mere “preponderance of the evidence,” rather than “clear and convincing” evidence, be used in determining a life-shattering verdict of guilt.
Stuart Taylor Jr. and KC Johnson — a lawyer and an academic, neither Republicans — write that the administration justifies this by citing a single “resoundingly discredited” study purporting to prove an epidemic (involving one in five women) of campus sexual assaults. The administration opposes allowing accused students to cross-examine their accusers, and favors a form of double jeopardy — allowing accusers to appeal not-guilty findings.
Rubio is one of 12 Republican senators collaborating with the administration by co-sponsoring legislation that would codify requiring improvised campus disciplinary proceedings to supplant law enforcement and the criminal justice system. Proposed by Democrat Claire McCaskill of Missouri, the legislation is, as Taylor and Johnson say, “designed to advance the administration’s agenda.” The legislation’s language radiates prejudgment: By repeatedly referring to accusers as “victims,” it presumes the guilt of the accused. Taylor and Johnson write:
“America’s universities are in the grip of a dangerous presume-guilt-and-rush-to-judgment culture. … An entire generation of college students is learning to disregard due process and the dispassionate evaluation of evidence. And dozens of clearly or at least probably innocent students, whose cases we will detail in a book we are now writing, have been branded sex criminals, been railroaded out of their universities, and seen their hopes and dreams ruined.”
By co-sponsoring S-590, Rubio is helping the administration sacrifice a core constitutional value, due process, in order to advance progressives’ cultural aggression. The next Republican president should be someone committed to promptly stopping this disgrace, not someone who would sign S-590’s affirmation of it.
To read the full article click here: www.dailycamera.com
Georgia Rep to colleges “If you don’t protect the students of this state with due process, don’t come looking for money,”
In a sub-committee hearing this week, Georgia House of Representatives blast colleges for denying due process rights to their tuition paying college students. Specifically denying due process to those accused of sexual assault, which currently are a majority of male students. To view the hearing click on the link below, and move your cursor 12:00 forward to hear Rep. Earl Ehrhart begin the hearings.
As nearly 200 unresolved cases remain before U.S. Office for Civil Rights, an increasing number of lawmakers and law professors accuse the office of abusing its power regarding how to lawfully interpret the gender-equity law.
thecollegefix.com By Michael McGrady
“You think you’ve got an issue with federal bureaucrats threatening your federal funds? This committee controls your funds”…Ehrhart said he wouldn’t even talk to college presidents until they adopt “simple, basic due process protections.”
washingtonexaminer.com By Ashe Schow
Advocates for due process on college campuses have come out in full force in the first months of 2016. Law professors, legislators, editorial boards and even a presidential candidate have stepped up to defend the constitutional rights of those accused of sexual assault on college campuses.
washingtonexaminer.com By Ashe Schow