Over 100 sexual assault lawsuits alleging lack of due process, sex discrimination, and/or breach of contract have been filed against colleges. While most of these cases are resolved by means of a confidential settlement, some cases are being adjudicated by the courts. Click on the link below to see the cases in which the plaintiff prevailed:
Monthly Archives: February 2016
Sen. James Lankford, an Oklahoma Republican, has accused the Education Department of overreach in pressuring colleges to fight sexual discrimination to comply with Title IX. [Lankford]said the department’s 2010 and 2011 guidance letter on sexual violence have been decried by “legal scholars and academics across the political spectrum” as pressuring colleges to take steps that threaten students’ free-speech and due-process rights. Catherine E. Lhamon, the department’s assistant secretary for civil rights, defended her agency’s action and it appears to set the stage for a clash between the Education Department and the Senate over the department’s powers.
chronicle.com By Peter Schmidt
Jason Casares, the associate dean of students and deputy Title IX coordinator at Indiana University who writes curriculum for campus rape investigators, was accused of sexual assault by Jill Creighton. “I made the mistake of letting my guard down while socializing with Jason about Association business,” Creighton wrote. “Jason took advantage of me after I had had too much to drink…” Casares “categorically denies the false accusations of sexual misconduct leveled against him by a colleague.”
motherjones.com By Madison Pauly
The University received 78 complaints of sexual misconduct — an all-time high since Yale began publishing records of its complaints in 2011
yaledailynews.com By Monica Wang
During the hearing, one of the panelists scribbled a note that reflected the contemptuous approach often seen toward due process at the campus level: “Also ->this is NOT a court. We don’t have to do things like in law school.” UC policy prohibited him from directly cross-examining his accuser, the hearing panel refused to examine either the surveillance video of the students walking into the dorm or text messages from the accusers’ phones. A fair process that might determine the truth, UC filings suggested, is beyond the legal obligations for any university.
mindingthecampus.org By KC Johnson
What happens when the campus rape narrative is scientifically proven false? Psychologists deeply invested in their discredited theory launched a crusade of retaliation against the people who proved them wrong, and filed a scientific misconduct case against Dr. Mary Koss. The dispute between Lisak/Hopper and Swartout/Koss may seem academic, but it has major implications for how the public confronts the issue of sexual assault on college campuses.
reason.com By Robby Soave
Both lawsuits argue that UT has sought to gain a reputation for being tough on sexual assault…“The university has been placed under enormous political pressure to appear tough on those accused of sexual assault and as a result have adopted a practice of expelling males from the university without regard to the rights of the accused student of the evidence,”
patch.com By Tony Cantu
Under an affirmative consent law, everyone is guilty except for monks, nuns and eunuchs. Think back to your own sexual experiences for a moment. Did you stop and ask for affirmative consent every single time? Probably not. Does that make you a rapist? No. It makes you a human..Our justice system is based on due process and the presumption of innocence, and this necessitates disbelieving all allegations until evidence can be presented in a court of law. This might seem harsh, but it is our only protection from a nightmarish system of witch trials and kangaroo courts.
dailynexus.com By Jason Garshfield
The Obama administration’s final budget makes clear that neither due process for students accused of wrongdoing, nor fidelity to the rulemaking process, is a priority…Keep in mind this budget was released after congressional leaders started demandinganswers from Ed about what authority it has to issue substantive regulations without letting colleges first weigh in on them.
thecollegefix.com By Greg Piper