A private university has joined a former Virginia law student’s federal suit against the U.S. DoED. over the weak standard of evidence it requires colleges to use in sexual assault hearings. Doe and Oklahoma Wesleyan claim that the Office of Civil Rights violated the Administrative Procedure Act, which requires federal agencies to issue notice, hold meetings and seek public comment before adopting new rules. The suit also notes that universities are discouraged from allowing students to question or cross-examine each other during the campus hearings, a violation of defendants’ due-process rights… Under a federal agency’s misguided guidance, American colleges have established kangaroo courts where the innocent can be declared guilty in sham trials.
Monthly Archives: September 2016
“Under the auspices of a punitive “Dear Colleague letter,” the Department of Education is forcing colleges to compromise the criminal investigation process by requiring us to convene a campus committee of faculty, staff and students to adjudicate allegations of sexual harassment and assault. As a college president, I believe this directive violates not only due process but also our students’ basic constitutional rights. Under these new “guidelines” students also lose their right to privacy and, in some cases, even the right to representation. The Department of Education is ignoring and circumventing Congress—an overreach that’s especially inappropriate, given the gravity of the crime at stake.”
heatst.com By Everett Piper president of Oklahoma Wesleyan
This is Part 4 in a series outlining the effects of college adjudication of alleged sexual assault cases. In some colleges, the Title IX coordinator and a ‘panel of students’ have only eight hours of training. This is not mock trial. This is real life… Students and officials trained for eight hours do not have the capacity to collect evidence, conduct investigations and cross-examine. I would bet that the majority have never even read the Constitution in its entirety. How can they be the ones determining these young people’s futures?
westernjournalism.com By Jessica Denis
When this conversation about campus sexual assault came up I was reading these stories about alcohol and consent, and I started to think about how blackout plays out in that. It’s a really gray area of consent. Blackout is not the same thing as passing out. A person having a blackout may look like they know what they’re doing. How the hell is a man, who might be drinking to excess himself, supposed to know that the woman he takes to bed is too drunk to consent? What if she accuses him of rape? I think it’s something that all of us would do better to understand.
theamericanconservative.com By Rod Dreher
Here we go again. All across America, universities are making a mess of sex assault cases and the rights of the accused are being violated.. According to the plaintiff, he never had the right to freely confront his accuser, which tells you all you need to know about the outrageous violations of due process in these campus courts. He says he was never told the specific allegations against him. The man was expelled without being given any explanation of how the board reached its conclusion. He appealed the decision, but was denied. Like this Rider plaintiff, male students are increasingly claiming discrimination under Title IX, the federal gender-equality statute – a perfectly valid complaint, when you consider the backstory here.
Warshaw Burstein Partner Kimberly Lau on the lack of due process in alleged college sexual assault and rape cases. Watch the 4 min. video
To get the attention of a male student, Jackie Coakley lied about being raped at a fraternity party. Rolling Stone then published Jackie’s lies resulting in vicious violent attacks on Phi Kappa Psi. To correct this injustice, the fraternity sued. Recently a Virginia judge denied Rolling Stone’s attempt to throw out a $25 million lawsuit filed by the fraternity. Circuit Judge Richard E. Moore said in his decision that the statements made about the fraternity in the now debunked UVA rape story could reasonably be considered defamatory and the lawsuit can move forward.
The Education Department’s Office for Civil Rights issued a “Dear Colleague” letter in 2011 that severely limited an accused student’s ability to defend himself while threatening to remove funding from schools that did not toughen up on campus sexual assault. In the wake of the letter, accused students have been expelled at what appears to be an alarming rate. The percentage of lawsuits filed by either party involved in an accusation shifted heavily toward the accused, according to a report from Stop Abusive and Violent Environments, an organization trying to reform the way schools handle accusations.
washingtonexaminer.com By Ashe Schow
This is Part 3 in a series outlining the horror stories caused by campus adjudication of sexual assault cases, the clear lack of due process as well as discrimination and civil rights issues…Betrayed by a school and crushed by the experience, ‘John Doe’ should be with his friends at San Diego State University but that’s not the reality he is living in today. John Doe was found “responsible” with no information on how to appeal or what his options were, only to find out later that “only a complainant has the right to an appeal.” He was not only permanently expelled, but also banned from any California state school.
westernjournalism.com By Jessica Denis