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
Monthly Archives: November 2016
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
The Administration has stacked the deck against students accused of sexual harassment or assault in campus disciplinary proceedings. Colleges are required to impose “interim measures” against accused students before they receive a hearing on the charge against them, measures that can include expulsion from a dorm and classes shared with the accuser. ..OCR instructed colleges to restrict cross-examination, even though the Supreme Court has declared that cross-examination is the “greatest legal engine ever invented for the discovery of truth.” OCR ordered colleges to abolish the clear-and-convincing standard of evidence that was once the norm in college discipline, recommending instead the far weaker “preponderance of evidence standard (50.001 percent certainty)
mindingthecampus.org By Hans Bader