Today, in a ruling of nationwide importance, a federal appellate court gave a Columbia University student suspended for sexual misconduct a new shot at proving that the university denied him a fundamentally fair proceeding…While many students have sought to challenge the unfair processes that universities often use to adjudicate claims of sexual assault, such claims—while morally compelling—do not always fit neatly into a legal framework. This is particularly true at private universities, where there is no constitutional right to due process.
thefire.org By Samantha Harris
Monthly Archives: July 2016
Five years ago, the Office for Civil Rights issued the “Dear Colleague” letter that ushered in a period of unprecedented federal intervention into colleges’ internal disciplinary systems. In just those five years, students around the country have filed more than 110 lawsuits alleging that they were denied a fair hearing in campus sexual misconduct adjudications. These cases are now working their way through the courts. This is an overview of the past month’s developments, which include two settlements, a dismissal, a trial, and a number of new complaints.
thefire.org By Samantha Harris
Cornell’s Judicial Codes Counselor Amanda Minikus, reviewed all sexual assault cases at Cornell during the 2013-2014 academic year. “In its efforts to swiftly revise its procedures and crack down on sexual misconduct, Cornell has implemented policy far beyond what is necessary to comply with OCR’s guidance and created a process fraught with inequities.” In one case Title IX determined the accuser’s suspicions were more credible than the suspected student’s denials, even though the investigators had no evidence that the accused student had done anything wrong. The male was found guilty of sexual misconduct and his transcript stamped for life. Read the full report below.
Cornells year of sexual assault cases By KC Johnson
UVA student Jackie Coakley concocted a wildly false rape fantasy. Text messages have been released showing Coakley’s fictional “Haven Monahan” personality trying to catfish her crush Ryan Duffin. Warning: Coakley swears like a drunken sailor.
dailycaller.com By Blake Neff
Due process helps to ensure the accused has a fair and unbiased hearing. Take for example the case of Doe v. University of Southern California (2016). In Doe, a California appeals court held that the plaintiff was denied a fair disciplinary hearing for lack of basic due process and reversed the university’s decision. One way to help students receive the due process they deserve is by allowing them to have advisors present and active throughout the entire disciplinary process. For example, Students Defending Students can help students prepare statements and cross-examine witnesses.
The University System of Georgia has settled two lawsuits. The settlements follow complaints about Georgia Tech, particularly Rep. Earl Ehrhart, who criticized school leaders for their treatment of students accused of wrongdoing in sexual assault cases. Georgia Tech had been one of the most aggressive schools in its handling of accused students. Tech had expelled or suspended nearly every student it investigated for sexual misconduct allegations in the past five years, and also handed down stiff penalties to fraternities.
ajc.com By Janel Davis
In February of this year, a male student was cleared of all charges after a trial by jury. But University of Alaska Fairbanks is holding on to his degree over the unresolved campus Title IX investigation related to the now-debunked rape claim…Title IX coordinator Mae Marsh is quoted as saying that the “alleged perp graduates in three weeks, we need to get the administrative investigation concluded so we can make a preponderance call and expel prior to graduation.”
thecollegefix.com By Jennifer Kabbany
We have reached the point where federal bureaucrats are the true overlords of higher education and officials in OCR have pushed their ideas so far past the written law that we are now getting a strong legal counterattack. One suit is: Doe v. Lhamon. The other case involves Yale University and Montague’s complaint is available here. “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.” States Robert Shibley executive director of FIRE.
forbes.com By George Leef
The GOP has written a platform that ought to be applauded by people concerned about the rights of the presumptively innocent. Like it or not it is the GOP, not the Democratic Party, that seeks to protect our sons from the politically correct witch hunt against them on our college campuses. For many of us who have spent decades of our lives as Democrats, it is a bitter pill to swallow–this is not the party of Bill Clinton. This is something qualitatively different, and it is out to punish an entire gender by making it far too easy to punish the presumptively innocent for offenses they didn’t commit.
Related how the government stole sex
“We need to recognize the overreach not only of the Education Department’s Office for Civil Rights, but campus definitions that make most college men rapists just for being young men and defining college women as victims in waiting… involving the criminal justice system with the current definitions will put more young men into the system as accused rapists” says Shelley Dempsey. Even if the police dismiss the charges or never charge in the first place, the student can be branded an “accused rapist” and will receive the very public ire of activists who don’t know the actual details of the case.
washingtonexaminer.com By Ashe Schow