In my 13 years at the Foundation for Individual Rights in Education, I had never heard of any college that operated differently until 2011, when the Office for Civil Rights decided that accusers in campus cases must be able to appeal even when the accused was found not to have committed the offense. The second change, was the requirement that colleges “must use a preponderance of the evidence standard”… Most of the time, neither party to the hearings has a right to active participation of counsel. Cross-examination is limited or even forbidden. There’s no guarantee that all the evidence will be shared with both parties — even exculpatory evidence — the rules of evidence don’t apply, with hearsay and other irrelevant “evidence” regularly considered. Colleges decide for themselves who will preside over campus hearings and who will serve as jurors. .The parties are usually not placed under oath, and consequences for lying are generally nonexistent. Colleges frequently don’t even record the hearing or explain why they came to their decision…
washingtonpost.com By Robert Shibley
Monthly Archives: September 2016
A federal judge in Rhode Island ruled against Brown, finding that it violated Doe’s “reasonable expectations” -breach of contract- by judging him under a sexual-consent standard that was not in place when Doe was accused of rape. Judge Smith had harsh words for how Brown trained its adjudicators, and he ridiculed student activists who flooded his court with emotional appeals…”These tactics have no place in the judicial process. This is basic civics, and one would think students and others affiliated with a prestigious Ivy League institution would know this. Moreover, having read a few of the emails, it is abundantly clear that the writers, while passionate, were woefully ignorant about the issues before the Court. Hopefully, they will read this decision and be educated.”
thecollegefix.com By Greg Piper
Experts say accused feel they must seek to clear their names in court at a time of increased focus on campus sex assaults and more serious consequences at schools. Eric Rosenberg, an Ohio lawyer who has represented clients suing their accusers and universities, said many of the accused suffer damaged reputations and lost educational and career prospects. He said the number of such lawsuits have increased as the consequences for those accused at schools have intensified. “They can’t get into school, they can’t get into the military. A lawsuit’s their only way out,” he said.
washingtonpost.com By Darcy Costello
“I need my little brother to see me stand up for myself here,” Allen Artis, a 21-year-old junior linebacker, said in his first public comments released Tuesday. “I want him to know that a false accusation will never intimidate me.”
nbcnews.com by Erik Ortiz
An Ivy League university discriminated against a student because of his race and gender John Doe claims in federal court. Doe learned of the accusations against him through a “Draft Report” that the lawsuit describes as “far from an objective account.” The suit goes on to claim that the report cobbled together snippets of statements that match gender and racial stereotypes, all to support the preordained conclusion [that Doe raped Roe]…”allegations must be treated seriously, but not at the expense of convicting the innocent and denying basic due process rights to the accused, including the right to a fair, balanced and competent investigation.”
courthousenews.com By Lowell Neumann Nickey
Two students at the University of St. Thomas, had started flirting at a campus party where the alcohol was flowing freely. After several drinks, they made their way to a bathroom… This spring, the young man, identified only as “John Doe,” sued the university, saying he was suspended for sexual assault without a fair hearing or even a lawyer to present his side of the story. It’s one of a flood of lawsuits across the country asserting that colleges are trampling the rights of the accused in a rush to crack down on campus rape.
startribune.com By Maura Lerner
Sherry Warner Seefeld’s son was found to be innocent after being accused of sexual assault. The woman who accused her son was charged with lying to police. It took more than a year before before his school, the University of North Dakota, agreed to let him back on campus…Now she’s on a mission to help other families in that same “horrific” spot, as the co-founder and president of Families Advocating for Campus Equality (FACE), a support group for the accused.
startribune.com By Maura Lerner
Judge’s decision is a partial win for UVA Dean…Nicole Eramo, the University of Virginia dean maligned by Rolling Stone’s debunked gang rape story, will get the chance to argue to a jury that she was maliciously defamed by the magazine. And whether Jackie Coakley’s lies and Sabrina Erdely’s [sloppy] mistakes satisfy ‘actual malice’ is a question only a jury can answer, says judge.
reason.com By Robby Soave
The Obama administration expects colleges to massively meddle in students’ romantic lives, even off campus, by pressuring colleges to vastly increase their regulation of students’ sex lives, and demanding investigations students don’t want. Even if you liked being kissed, a college may deem it sexual assault if there was no explicit discussion beforehand to establish the existence of “affirmative consent…enthusiasm is a requirement of consent itself—anything less than enthusiasm is sexual assault.” There is also talk of enacting “affirmative consent” as a national requirement for not just students but all citizens.
mindingthecampus.org By KC Johnson
They met at a party, both were drinking, they danced and had sex. He says the sex was consensual. She says it was rape. No criminal charges were filed. Instead, the case went through the university’s [sham and kangaroo style] administrative process. He eventually [read coerced] signed an agreement that exiled him from the University of Michigan. Now the man has changed his mind and asked a federal court to strike down the university ruling and reinstate him to campus. Angered by this the female is suing him, The dueling lawsuits are asking the courts to weigh in on what was an internal adjudication done by university officials behind closed doors that first found in his favor and then, on appeal, found he had sexually assaulted her.
freep.com By David Jesse