A University of Cincinnati graduate student, will be allowed to resume classes this spring after a federal judge’s decision rescinded a one-year suspension imposed by the university. The male graduate student alleged the university violated due process and Title IX in how it handled the investigation and ruling of the case against him. The student’s lawyer, Josh Engel, said the key to Judge Michael Barrett’s decision is “the recognition that students in this situation have a right to confront their accuser.”
cincinnati.com By Kate Murphy
Monthly Archives: November 2016
Joanna Newberry, falsely reported she was assaulted in a campus basement while attending Lindenwood University. She faced up to six months in jail and a $500 fine. This week, Judge Elizabeth Swann issued a suspended imposition of sentence for Newberry and placed her on supervised probation for two years. Ms. Newberry is to continue counseling.
stltoday.com By Mark Schlinkmann
Earlier this fall, OCR announced its findings against Wesley College for mishandling a case against a falsely accused student. He was denied rights to present evidence of his innocence. The main reason we need due process is to make sure you don’t get punished if you’re innocent. A college hearing board cannot imprison an accused, but it can take away the educational opportunities he has earned, cut him off from his community, and impose a stigma that can deny him future opportunities. It should not impose these life-altering consequences without substantial evidence that has withstood close scrutiny. It should give the accused a meaningful chance to defend himself.
Advocates of college men who claim their lives were destroyed by false rape claims are hoping the incoming Trump administration will change a policy they say tramples on civil rights. “The Education Department’s Office of Civil Rights has gone too far, schools are now operating out of fear rather than cooperation with the government -leading those accused of sexual assault to be found guilty even before they are judged…there are so many young men whose lives have been destroyed by these allegations.” Cynthia Garrett, FACE C0-President.
Adoption of the Dear Colleague letter in 2011-coupled with campus pressure from activists and their faculty and administrative allies-has paved the way for all sorts of procedural abuses in campus sexual assault cases. The latest example comes in a lawsuit filed against Williams College. This case was unusual…one of its employees had leveled serious, uncorroborated allegations against a student with whom she’d had an inappropriate romantic relationship. The complaint claims Dean Bolton assured her that Doe’s expulsion was virtually assured, despite firm college rules that preclude someone in Bolton’s position discussing another student’s disciplinary proceedings with someone in the employee’s position.
academicwonderland.com By KC Johnson
Lawyers for former Yale basketball captain Jack Montague are seeking a court order that would allow him to return to class while he fights his expulsion for being accused [falsely] of sexual misconduct. Montague says the October 2014 sexual encounter was consensual, and no criminal charges were brought. “He has already suffered, and continues to suffer, irreparable injury -his ability to complete his education and receive the degree he had all but earned prior to his expulsion hangs in the balance, and his employment prospects are dim,”
Ohio University realized that the survey it conducted on “sexual misconduct victimization” was full of problems – yet it released the results anyway. Measuring campus sexual assault is one of the great objectives in higher education, yet survey instruments tend to produce more heat than light. Clearly this survey had such a low participation rate that any result will be suspect.
thecollegefix.com By Greg Piper
It is with a heavy heart that SOS is posting the following. The California Court of Appeal, Fourth Appellate District has rendered their decision in Doe v. Regents of the University of California. In short, John Doe lost big time…’The judgment is reversed. The matter is remanded to the superior court with orders for the court to enter an order denying the petition for writ of mandamus as well as entering a judgment in favor of the Regents. The Regents are awarded their costs on appeal.’
According to the claim, both parties were students at Tulane University and Jane Doe falsely accused him of sexually assaulting her at her campus apartment. The suit states she filed the allegedly false complaint on March 29 and that the complaint caused him to be expelled from the university. The defendant is accused of defamation of character.
louisianarecord.com By Carrie Bradon
Since 2011, the federal government has made successful and devastating efforts to undermine civil liberties on campuses. The surprise outcome of the presidential election raises at least the possibility that this illicit campaign, based on a vast extension of Title IX, will be reversed. Thousands of students accused of sexual misconduct but denied due process have been victimized. In order to change systems that have been designed to avoid due process, it may well require a new, more affirmative push by the Department of Education requiring colleges to fundamentally alter everything they’ve been told they had to do over the past few years in order to create a constitutionally appropriate system.
blog.simplejustice.us By Scott H. Greenfield