A 19-year-old San Diego State University student expelled over sexual assault allegations has filed suit, claiming the sex with his female accuser was consensual and that campus officials dismissed polygraph results that supported his side of the story. The lawsuit also alleges Doe’s due process rights were violated by a shoddy and haphazard hearing process. It adds the university is under pressure from the federal government to show it’s taking Title IX complaints regarding sexual assault seriously.
thecollegefix.com By Ben Parker
Monthly Archives: May 2016
A seven woman Norfolk jury unanimously returned a verdict for Virginia Wesleyan College in the Jane Doe trial. The jury correctly rejected Ms. Doe’s claim that Wesleyan College failed to take reasonable and adequate steps for the safety of its students. Attorneys for the university insinuated the [alleged] victim was lying so she can get $10 million dollars. wtkr.com
The case epitomizes the highly charged atmosphere on college campuses, illustrating the depth of disagreement and uncertainty about the campus systems that attempt to mete out justice when one student accuses another of sexual assault…”The sole dispute is as to the sexual intercourse in the fourth episode,” it “defies logic and common sense that a woman would seek to re-connect and get back into bed with a man who she says forced her to have unwanted sex just hours earlier.”
www.courant.com By Kathleen Megan
The Obama administration has ordered the nation’s colleges and universities to stop asking applicants about criminal and school disciplinary history because it discriminates against minorities…Therefore colleges and universities should consider designing admissions policies that don’t include disciplinary history so they don’t have the “unjustified effect of discriminating against individuals on the basis of race, color, national origin, sex, religion and disability,” the new ED guidelines state. judicialwatch.org
Related: Ban the box cotwa.info
A Cornell University student is suing alleging that the institution denied him a fair hearing and that one of its policies violates education law…Court documents state Ballinger has been temporarily suspended. The effect of the temporary suspension on a student’s life is “sudden and devastating”, “overall, Cornell’s procedures unfairly disadvantage respondents” and “eradicate important rights of the accused.” “The law requires a fair hearing, and Cornell’s existing policy does not provide for one. That’s not right,” said Ballinger’s attorney, Alan Sash.
ithacajournal.com By Kelsey O’Connor,
Rose was playing drinking games with her new floormates. After she lost, she peeled off with a classmate she had “kind of a crush on” and they had sex in her room. A few months later, she was expelled for sexual assault.
buzzfeed.com Ema O’Connor
“Bernie agrees with us schools should not adjudicate sexual assault”…He pointed out that in school proceedings, accused students have no right to a hearing at all, no right to legal counsel, no meaningful right to cross-examine witnesses or even ask follow up questions, no right to confront their accuser or the witnesses testifying against them, no right to thoroughly investigate the claims made against them, and no right to object to inflammatory information. “The denial of all of these rights — coupled with the use of the incredibly low ‘preponderance of the evidence’ standard — denies accused students of a fair hearing,”
thecollegefix.com By Jennifer Kabbany
Universities, under pressure from the Obama administration, have cracked down heavily on campus sexual assault. Most campus investigations use a much weaker preponderance of evidence standard for determining guilt…women are often given the benefit of the doubt — even if the alleged assault occurs within a longstanding relationship, or with the clear appearance of consent. That’s led to many young men being unfairly expelled from schools and their futures irreparably tarnished.
Unknown to everyone but a handful of jurists and journalists, a meeting held in Washington, D.C. considered a measure that could have turned nearly every sexually active person — especially if male — into a sex offender awaiting detection…affirmative consent not only establishes an unrealistic standard for sexual behavior, but also skews the law toward a presumption of guilt:
newsday.com By Cathy Young
A new organization recently formed by students, Students Advocating for Students, gives a voice for students who want to fight for free speech and due process.
Their motto is: Take Back Your Campus.
Their mission: To educate and empower.
“The majority of college students in this country are tough, hard working, freedom-loving Americans, but their voice is not being heard. We can’t simply stand by as our freedoms slip through the cracks,” says Greg, the Director of Communication and Outreach. “Today we lose our freedoms on campus, tomorrow we lose our freedoms everywhere.”
The President of Students Advocating for Students is Jake Goldberg, who created an online petition last month calling on Congress to not fund OCR’s budget demands.
Please join their movement and support Students Advocating for Students. They have membership categories for students and non-students.