A new Illinois law will do a lot to tip the scales in favor of those making accusations of sexual assault on campus. The law requires schools to provide trained confidential advisers available to those making accusations in order to inform them of their rights and reporting options. No such adviser is available for accused students so that they can learn their rights or what they can do to defend themselves from false accusations. The news conference made it clear what the state of Illinois is to do: Find more accused students responsible.
washingtonexaminer.com By Ashe Schow
Monthly Archives: August 2016
“John Doe” filed a federal lawsuit earlier this month claiming Rider University kicked him out of school and “blindly accepted” a female classmate’s claims that he sexually assaulted her. While John was forced to sit at home, he was subjected to a Title IX disciplinary process that was unabashedly pro-complainant, refused to afford him any semblance of fundamental fairness, and considered him guilty until proven innocent.
nj.com By Kelly Heyboer
Schools have been forced-through threat of lost federal funding-to adopt procedures that deny due process rights to accused students. The federal government cherry-picked what it wanted from civil court (the lower standard of evidence) and ignored everything else (all the protections afforded to the accused). Defendants in civil court still have the right to be represented by an attorney, to see the evidence against them, the ability to compel production of evidence, the ability to cross-examine their accusers and more. College students accused of sexual assault have none of those protections.
washingtonexaminer.com By Ashe Schow
Yale University continues to impose sanctions on students and faculty even when they are not found responsible for sexual misconduct. In contrast to previous reports, this one has totally scrapped details on complaints that didn’t result in investigations, though it continues to list such complaints in statistical tables. The move suggests that Yale does not want to provide information that might cast doubt on the suggestions that the university is experiencing an unprecedented crime wave.
thecollegefix.com By Matt Lamb
The Department of Education has used misleading data and a hypocritical invocation of the law to reduce fundamental rights…Researchers were so troubled by the misuse of their findings that they “felt the need to set the record straight” and published a piece in Time Magazine stating “the 1-in-5 statistic is not a nationally representative estimate of the prevalence of sexual assault…” If those numbers were true then we would have a crisis of terrifying proportions. As it turns out, that epidemic is false. What’s at stake here isn’t some mere technicality; process is the lifeblood of American justice. Still, the Department of Education and its supporters stand by this reduction in procedural rights.
huffingtonpost.com By Tamara Rice Lave
In the course of a year, Sherry Warner-Seefeld went from high school teacher to activist promoting fairness for students accused of sexual misconduct. Explaining why, for her, means revisiting a night of shock and a phone call she will never forget…She co-founded, with other aggrieved mothers, an organization called FACE (Families Advocating for Campus Equality) designed to assist other parents who received similar phone calls and, bewildered and scared, don’t know where to turn…Most important, FACE offers information on how to get advice from an attorney or a parent who has been through it, and how to get involved in changing the way things work.
washingtonpost.com By Fred Barbash
John Doe accused the university of creating a gender biased, hostile environment against males- based in part on UC’s pattern and practice of investigating and disciplining male students who accept physical contact initiated by female students, retaliating against male students, and providing female students preferential treatment under its Title IX policies.” A key component of the situation is a 2011 letter from the OCR regarding Title IX compliance while dealing with sexual misconduct complaints. The letter, Doe asserted, spells out how schools are “to provide females preferential treatment” and “imposed numerous mandates to make it more difficult for males accused of sexual misconduct to defend themselves.”
cookcountyrecord.com By Scott Holland
Michele Dauber, a Stanford University law professor is leading an effort to have voters decide next year whether Judge Persky should remain on the bench…While it may be understandable that Judge Persky has had enough of this crap, despite the support of every player in the criminal justice system who recognizes that Dauber and her shrieking minions are dangerous and wrong, this bodes poorly for the legitimacy of the system. The threat to every judge who has the audacity to not check the feminist rulebook before imposing sentence, and become the next Judge Persky, is clear. Cut a defendant a break and they will rain shit on you, your name, your family, everything you ever touch.
simplejustice.us By Scott H. Greenfield
Athletes accused of sexual assault say they are being denied due process in Title IX investigations. ESPN attempts to weigh in on the matter with two speakers. One speaker Jennifer, lies repeatedly as she claims that the 2011 Dear Colleague Letter protects the rights of the accused. The second speaker Joe Cohn, speaks truthfully and honestly about the numerous due process rights denied to the accused during Title IX investigations and hearings.
In our current cultural climate, there’s no way for a man to shake the charge of rape, even after he’s found innocent…Parker was tried, and acquitted on all counts 15 years ago.
washingtonpost.com By Cathy Young