Hyper-aggressive federal officials have taken the vague language in Title IX and treated it as if it gave them plenary authority to control anything on a college campus having to do with sexual misbehavior. “OCR has acted as though decreasing due process rights will increase justice. In fact, the opposite is true. Real people’s lives are being irreparably harmed.”
popecenter.org By George Leef
Related: Lawsuit challenges DoED’s over-reach
Monthly Archives: June 2016
Earl Ehrhart is worried about his sons… he has heard all about the college sexual-misconduct hearings in which young men are presumed guilty until proven innocent. The proceedings are flawed, he says, they’re like “kangaroo courts.” Ehrhart fears that his boys—as with male students across the state—could end up expelled based on a false accusation of rape. That’s why, in April, the Republican lawmaker and his wife sued the US Department of Education and its Office for Civil Rights,
motherjones.com By Madison Pauly
This is my own story of what happened when the phone rang late one night.
..”don’t worry Mom, I’m fine but I’ve been taken out of my dorm room and moved elsewhere…. A girl and I had sex a few weeks ago, … she filed a complaint against me…. She agreed to have sex, I have it in writing,… I don’t know why she filed. Also Mom, I’m on suicide watch.”
That’s how my family’s nightmare began.
Initially I wanted to run and be on campus with him. He was a first year student. Who did he know that could be his protector against such an unfounded lie from this college girl?
Well I slowly learned over the months, that the college would do nothing to help my son through their Kafkaesque college investigation and hearing process. But the college would do everything and more, to help the girl in all ways possible, at all times. When we asked to see what the charges were, or other pertinent questions we were met with no comment, or you have to figure that out for yourself. Thankfully, we had an attorney who communicated with the college. Often he didn’t succeed any better than we did in obtaining information about the upcoming hearing, but we could commiserate together at the brazenness and arrogance of the college. In the months leading up to the hearing, I was thinking, this is my 18 year old son and this is how you treat one of your finest and brightest students? How dare you. You trample on his rights, your treat him as dangerous, and act as if he’s guilty before the college hearing even takes place? Before you review the evidence? Shame on you!
I think this was my biggest faux pas. I believed that the college, as an educational institution teaching truth and justice, would do the right thing. Act in a fair and impartial manner, as one would do in a court of law. I actually assumed they would look at the facts, and based on those facts, find my son innocent. I was naive. I didn’t know that the college had already pre-determined that my son was guilty, right at the moment the girl filed her complaint.
So it didn’t matter that a criminal investigation cleared my son, or that the police looked at the evidence and didn’t press charges or that witnesses offered to testify for my son. It really didn’t matter what evidence we had to prove his innocence, because the adjudicator refused to allow most of my son’s evidence into the college hearing. But what did matter at the college hearing was that the girl had as many staff around her as she needed to keep her upright and hold her hand. So that during the daylong hearing, she and her female friends could unleash their hatred at my son for his alleged assault and spew their fear-based, anti-male words at my son. He most certainly got a hysterical feminist tongue lashing from the staff, and also from the pitiful weak minded wounded girls (includes one of her witnesses.) Of course my son was shaken up. Who wants to be trapped in a room with girls yelling vicious lies at you for seven hours?
And of course, he must sit still, listen and take it. No rebuttal.
It is an unimaginable process that these college hearings engage in. Many of my son’s rights were denied. He didn’t have the right to review the evidence, or to question the witnesses, little cross examination was allowed, and he was denied his due process rights. Basically, this was not a fair and impartial college hearing; also his attorney wasn’t allowed in the hearing room; but of course college staff were permitted in the hearing room to sit and coddle the girl. And most of the staff supporting her had law degrees. Many constitutional rights were denied to my son. These are horrific college hearings. They’ll never be exposed properly. But in time I do hope reason and fairness will win and college boys will have their constitutional rights upheld in the future.
When the finding of guilt was emailed to my son, we were shocked. His friends were in disbelief. The sly adjudicator twisted words and logic into a pretzel, and found my loving, generous, handsome and kind-hearted son guilty. This injustice was very hard to take, and my son’s education, and successful future, has faltered because of this girl’s false accusation. She continues her education in college, very much in la-la land, insulated by neo-feminists, and wrapped in her own lie and label.
Today we continue to be in legal proceedings with the college, where their goal is to delay proceedings, and run us into the ground financially. But when you have an innocent son, nothing stops a mother from fighting for truth and justice.
– Mother of a falsely accused son,
Still fighting, having filed a lawsuit against the college for violating his rights three years ago
We live in America, where usually these social systems function well under the Constitution. We’re used to seeing First Responders doing their jobs, teachers, small-town mayors, everyone getting on and keeping us safe. We take safety for granted, because that’s how we grew up. But then we’re hit with some otherworldly bizarre logic that is the campus kangaroo system that’s mixed in with a feminist agenda: mix with water and stir, and presto, a unreal and horrifying episode in our family life that we never thought could happen here. What our sons went through is akin to everyday occurrences in a Third World country, or a political climate such as Pinochet’s Chile, or something like that, where logic and fairness aren’t part of the normal equation, and hardly the look of a civil society. It’s hard for us to understand this, because this isn’t the America we know. We’re not used to this academic dictatorship and a systemic and cascading failure of fairness and due process. To me, that’s what’s been so shocking. That’s my take, anyway, and that’s why it’s so surreal to those of us who are logical.
The inside story from an Anguished Massachusetts Mom
Hello, I am a mother of a son who was a transfer student to a well known university in the South. He was in school for 3 weeks when he met a girl in his class. After a couple of dates they had sex at his house where she spent the night. The next morning she invited him and his friend for breakfast at her house. They had drinks and she smoked pot.
After they left she decided she didn’t like the way his friend treated her and proceeded to threaten him with an accusation of rape if he did not implicate his friend in wrong doing. She then proceeded to accuse my son of drugging and raping her.
She spread this rumor throughout the university and my son was investigated by the local police and the university.
Luckily for us he had over 25 saved pages of text messages where she admitted to wanting to have sex and also admitted that this was her intention for the date. The police department did not pursue the case due to the evidence and the toxicology report showed no drugs in her system except for the marijuana that she had provided for herself. The university EOO investigated the case and found him not in violation of the university code of conduct.
We as a family spent many months in complete terror that this false accusation would ruin my sweet son’s life. It cost us over 15,000.00 in attorneys fees as we could not take the chance that our son would not be represented as we were not allowed to be present in the investigation.
Although he was found not guilty of these charges his reputation was ruined and to this day he can’t go out without someone threatening him and calling him a rapist. He did not have any real friends yet as he had only been there for a few weeks.
Since that time he is suffering from PTSD , anxiety and depression. He is self medicating with alcohol and he stays pretty isolated. Even though he didn’t do anything wrong and is the real victim, he is treated like the guilty one.
The system is set up to rally around her, the proposed victim. She had all the support and kindness from both the students and the faculty, especially in the first 4 months as the investigation was on going. It is criminal the way my son has been and still is being treated, as this person continues to perpetuate the lie under the guise of free speech.
We feel that she should not be able to continue these accusations when they have been investigated properly and have been determined to be false.
We were told that there is a non retaliation clause that prohibits the university from any action against her. I feel desperate to get my son out of there but he refuses to be run out as he did not do anything wrong.
He is a couple of semesters away from graduation but I am so very concerned for his well being as a part of his spirit has died and he has built a very dense wall around himself. It has taken a huge toll on him, his health, his well being and on the health and well being of his family.
I thought we were living in a country where this could not happen. That the false accusation would be met with swift action against the perpetrator. The accusation of rape is so heinous and such a soul stealing act that a false accusation should be illegal.
– Very worried mom
John Doe, contends that he had consensual sex last October. The suit says that the male student was suspended for six months and evicted from his dormitory…when the male student appealed the ruling Chief of Staff Max Allen upheld the ruling and increased the student’s suspension to one year. The suit lists a series of alleged “wrongful actions” by the university. They include failure to conduct a thorough and impartial investigation, improperly advising and advocating on behalf of the female accuser, gender bias, failure to provide the male student with a presumption of innocence and an unilateral and arbitrary increase of unwarranted sanctions
thestate.com By Kirk Brown
The following letter was sent to Stanford University’s Professor Michelle Dauber…”one aspect of your recent advocacy troubles us: the nascent campaign you have championed to recall Judge Aaron Persky, who sentenced Turner. We have deep reservations about the idea of a judge — any judge — being fired over sentencing decisions that the public perceives as too lenient.”..The letter was from 53 graduating Stanford Law students, representing nearly a third of the total class of 180 students.
Montague v. Yale University et. al joins more than 100 recent civil suits alleging that college students accused of sexual misconduct were not granted fair hearings in campus proceedings…Montague’s lawyer claims that Yale breached its contractual obligations to Montague and violated Title IX by subjecting him to the “erroneous” process that resulted in his expulsion.
yaledailynews.com By Daniela Brighenti & Maya Sweedler
At Sulkowicz’s alma mater, the administration reacted to affiliated activism by opening a second rape crisis center, instituting university-wide mandatory sexual respect workshops, and revisiting its judicial process to provide more resources for survivors – the activists’ “victories,” which seemed promising in theory, may have led to more harm than good in practice. Men are scared of women on campus now, and fear breeds anger and prejudice. Women are frustrated by men, which inspires a lack of desire to collaborate for solutions.
heatst.com By Alexandra Villarrea
Recent filings in a UC appeal of one of the most powerful opinions in favor of campus due process, by Judge Joel Pressman regarding a case at UC-San Diego, suggest that for accused students in the Cal system, their leadership believes that, in effect, they have no due process rights…The three big procedural issues were: access to exculpatory evidence, cross-examination, and the investigator’s role.
academicwonderland.com By KC Johnson