The complaints continue to roll in. Five new federal lawsuits have been filed alleging unfair treatment in campus sexual misconduct proceedings. In one important ruling, an Ohio federal judge allowed several of an Ohio State University (OSU) student’s due process claims to survive a motion to dismiss, even holding that several OSU administrators might not be entitled to qualified immunity on those claims.
thefire.org By Samantha Harris
Monthly Archives: November 2016
I have warned that political correctness actually is a problem on college campuses, where the far-left has gained institutional power and used it to punish people. What is political correctness? Smug, entitled, elitist, privileged leftists jumping down the throats of ordinary folks who aren’t up-to-date on the latest requirements of progressive society. I warned that political correctness run amok and liberal overreach would lead to a counter-revolution if unchecked. That counter-revolution just happened.
reason.com By Robby Soave
Denison University settled a lawsuit with a former student who sued after being expelled over a sexual assault allegation. A female student who was drinking accused a freshman of assaulting her. According to the young man he walked her home safely, and according to SOS, his Good Samaritan actions got him falsely accused by an embarrassed young girl who was drunk. The young male was expelled following a student disciplinary hearing. The falsely accused male filed suit alleging libel, defamation, negligence and infliction of emotional distress, among other things, and said he was illegally prohibited from using an attorney and presenting evidence or testimony of his innocence.
Denison’s vice president for student development, said that she “cannot confirm that a settlement has been reached, but we can confirm that the case has been dismissed in the courts.” Clarifying, she stated, “The matter was resolved by mutual agreement and together we sought dismissal by the court.”
The falsely accused’s attorney, Eric Rosenberg, said there was a settlement but the case is officially recorded as dismissed because of semantics.
Eric Rosenberg has a growing number of lawsuits filed by young college males who are expelled following campus judicial proceedings. “I’d like to convey to students the risk of being involved with women who have been drinking…. because later she may say she was sexually assaulted.”
A federal jury has awarded $3 million in damages to a former University of Virginia associate dean after finding that a Rolling Stone magazine article sullied her reputation by alleging that she was indifferent to allegations of a gang rape on campus.
washingtonpost.com By T. Rees Shapiro
Wesley College, in Delaware, violated the Title IX rights of a male student who was accused of sexual assault, the Education Department said in findings released on Wednesday. Experts say the case sends a message to colleges about the importance of conducting fair investigations. They say OCR seems to be making a statement about what colleges need to be doing to ensure fairness during sexual-violence investigations.
Title IX Landmark Ruling By Sarah Brown
California law gives to state courts some discretion in reviewing the determinations of administrative hearings—which includes campus sexual assault tribunals. As a result, some of the most pro-due process decisions have come from California state courts. While it’s always dangerous to predict an appeals outcome from oral argument, it was clear that all three justices had concerns about the fairness of the UCSD system.
academicwonderland.com By KC Johnson
A Kenyan man filed a $3 million federal lawsuit against BYU, alleging that administrators favored his female accusers when they expelled him to shield themselves from accusations that they fail to protect women from sexual assault. The suit claimed the university denied him due process rights that he believed would have exonerated him of all wrongdoing. The dean of students suspended and then expelled ‘Mr. Doe’ in 2013. The lawsuit asks the court to order BYU to give him an A in every class during semesters affected by what it calls false, inaccurate and misleading accusations. It also requests that the court order BYU to list him as a student and employee in good standing.
deseretnews.com By Tad Walch
The 10 member jury concluded that the Rolling Stone reporter, Sabrina Rubin Erdely, was responsible for defamation, with actual malice, in the case brought by Nicole Eramo, a U-Va. administrator who oversaw sexual violence cases at the time of the article’s publication. The jury also found the magazine and its publisher responsible for defaming Eramo.
washingtonpost.com By T. Rees Shapiro
Feminist academic Christina Hoff Sommers is attracting attention for speaking out against untruths in the gender equality debate. She is the star of hit YouTube series The Factual Feminist, which doesn’t just stick up for men, but also calls-out the sisterhood on false stats, cruel comments and double-standards.
telegraph.co.uk By Peter Lloyd
Due process is under attack on college campuses across the country. Colleges and universities seem too quick to want to expel accused students rather than assess the facts and understand that they might not be dealing with incorrigible criminals but rather students who can be saved. Washington state Sen. Michael Baumgartner, seems to understand this. “This situation is unacceptable. It’s unacceptable to have any student expelled with a lack of due process,”
washingtonexaminer.com By Ashe Schow