The problem with the Minnesota boycott isn’t really that the boycott failed. It’s that the Minnesota football players did not realize they’d picked the wrong case to stand up for. There is a widely known phrase in the law that essentially defines this case: “Bad facts make bad law, and good facts make good law.” The problem is that high-profile bad cases tend to drive bad laws. Given how much media attention this case has received, that could be very bad for due process on campus.
washingtonpost.com By Justin Dillon and Matt Kaiser
Monthly Archives: December 2016
One of the few Duke undergraduates to protest the prosecution of the Duke lacrosse players was Stephen Miller of the class of 2007. Miller wrote multiple articles for the Duke Chronicle and spoke on multiple news programs criticizing the prosecutor and Duke administrators. After graduating in 2007 Miller worked for Republicans on Capitol Hill and in 2015 he worked for Trump’s campaign and has been the speechwriter for Trump’s major speeches. washingtonexaminer.com
‘When our peers are accused of heinous acts, we should be the first to demand they be given the presumption of innocence-their immutable right. Instead, from the first day, many immediately presumed the lacrosse players’ guilt and called for their punishment. Sadly, I imagine many will continue to do so.’ Stephen Miller’s 2006 piece in the Duke Chronicle
Former Baylor football recruit Jeremy Faulk, who was kicked off the team remains uncertain about his future, even though a Title IX investigation involving him at Baylor has been suspended, and apparently will never see resolution. Faulk had NFL aspirations when he arrived at Baylor as an All-American junior college transfer. Faulk learned from his attorney, Richard Tate, that his Title IX case at Baylor has been dismissed. From Tate: Baylor has already “successfully imposed upon him the Title IX equivalent of the death penalty by forcing his withdrawal from school,” adding that the delay in getting answers would leave him with no NCAA eligibility.
kwtx.com By Julie Hays and Mikel Lauber
The feds tried to fix discrimination and instead created a regulatory Tower of Babel. Between the bureaucracies, the consultants, and the university offices that have expanded, people now speak of a ”Title IX industry,” — one that is absorbing large amounts of resources but not doing anything to actually educate students.
usatoday.com By Glenn Reynolds
It’s getting harder to justify the ridiculous kangaroo court system created by Title IX and the infamous “Dear Colleague” letter that mandated “compliance” by creating campus tribunals hearing sexual assault cases with a preponderance standard of proof. The Sixth Circuit Court of Appeals needed twenty-nine pages to show how the University of Cincinnati’s “Administrative Review Committee’s” satisfied two former students’ due process rights and complied with Title IX. Somehow, a system that restricts accused students from buildings, allowed a “victim impact statement” to be read before an “adjudication,” and a hearing conducted in front of a panel that doesn’t even know the burden of proof is perfectly legal and denies no rights whatsoever.
mimesislaw.com by Chris Seaton
Football Player’s Father: “It’s just been a total shock, it’s almost like I’m in the movies or the ‘Twilight Zone.’ Ray’s a strong kid, but obviously you’re frustrated. You feel like you’ve put this behind you…The police have cleared you and found that you were telling the truth. The prosecutor’s office has cleared you and found you were telling the truth. And the judge has cleared you, and this group [the EOAA] comes in and says they were all wrong.”
After months of litigation, a tentative settlement has been reached between Erica Kinsman and falsely accused Jameis Winston. In 2014, a retired state Supreme Court justice who presided over an FSU code of conduct hearing cleared Winston of four violations. Investigations by the Tallahassee Police Department and State Attorney’s Office ended with no charges brought against Winston. Attorneys for both sides said the case was “resolved to the satisfaction of the parties”.
tampabay.com By Matt Baker
How will Trump’s victory impact the campus rape debate? The bizarre manner in which sexual assault disputes are investigated on campuses could be overhauled. Accused persons are frequently denied legal representation, the right to confront their accusers, the ability to properly consider the evidence against them, and the right to an impartial jury. “We’re holding college students to a much higher standard than we’re holding the leader of the free world.” In Miltenberg’s Q & A he talks about a Title IX hearing, “It’s almost like you missed the meeting before the meeting, everyone is that decided. It’s a very kabuki theater like event.”
reason.com By Robby Soave
CA Dem. Rep. Jackie Speier wants college students found responsible for violating a school’s sexual misconduct code to have that information noted on their transcripts. Many of the students who would be affected by Speier’s legislation have not been convicted in a court of law. The College Title IX process is heavily weighted in favor of the accuser and denies the accused basic principles of due process. Speier’s bill makes no distinction for wrongly accused students.
watchdog.org By Ashe Schow
“The majority of Title IX complaints received this year (more than 6,000) were filed by a single complainant alleging discrimination in schools’ athletics programs,” “The Department of Education’s Sexual Harassment Guidance radically expands harassment liability (such as saying colleges have to regulate off-campus conduct, which the courts have said they don’t…Hans Bader, who worked for OCR said “The only reason there are more complaints to the Education Department than there used to be is because its Office for Civil Rights has defined perfectly legal practices as illegal.”
breitbart.com By Dr. Susan Berry