A federal court says a public university in Virginia violated a student’s right to due process by punishing him severely after exonerating him of rape allegations. The university’s five-and-a-half year suspension of Doe only happened after his accuser, “Jane Roe,” appealed a finding in his favor. The U.S. Constitution does not allow an accused person to be tried again after exoneration, known as double jeopardy, but the practice was forced on colleges by the Department of Education’s 2011 “Dear Colleague” letter.
thecollegefix.com By Kayla Schierbecker
Monthly Archives: January 2017
Until recently, Yale insisted that accused professors enjoy basic due process, including the rights to a public, recorded hearing; to legal representation; to present evidence; to question opposing witnesses; and to a presumption of innocence unless convicted by “clear and convincing evidence.” Today, however, Yale and other universities routinely ignore or limit these rights. Yale now adjudicates sexual misconduct proceedings in secret. The standard of proof is reduced to “a preponderance of the evidence,” the lowest possible bar. And Yale made these changes [in secret] without the formal consent or approval of its faculty…SOS Note: College males have never enjoyed due process at Yale or at hundreds of other colleges.
washingtonpost.com/opinions By Judge José A. Cabranes
The Winthrop University Police Chief says after a thorough investigation, the report by a student that she was sexually assaulted is “unfounded.” The police investigation included a review of video from a number of security cameras in the area where the assault is said to have happened. “Winthrop Police found no evidence to substantiate the allegation that an assault occurred or that an assailant was present on campus. The campus was not in danger.”
Families Advocating for Campus Equality’s press release criticizing Obama’s last-minute efforts to reinforce Title IX overreach
January 9, 2017 – In recent weeks President Obama has made two key civil rights appointments in an apparent attempt to strengthen his administration’s ideological stranglehold over the issue of campus sexual harassment.
On December 15th, Obama appointed Catherine Lhamon, current head of the Department of Education’s Office for Civil Rights (OCR), to the nonpartisan U.S. Commission on Civil Rights, a position guaranteed through 2020. As head of OCR, Lhamon co-authored and aggressively enforced the infamous April 2011 Dear Colleague Letter (DCL), which coerced college and university campuses across the nation to adjudicate complaints of sexual misconduct on a “more likely than not basis,” while simultaneously constraining schools’ ability to provide procedural protections intended to ensure accused students are presumed innocent and disciplinary findings are reliable.
U.S. Senator James Lankford (R-OK) has repeatedly echoed the objections of members of congress, scholars, legal experts and various organizations by condemning the illegally-issued 2011 DCL for its failure to provide “essential protections” to accused students which, ‘“coupled with the requirement of a lower standard of proof, indisputably tips the playing field against the accused, making the disciplinary process anything but “equitable.”’
That Lhamon is personally biased against students accused of sexual harassment is indicated by evidence she “played a key role in the infamous Rolling Stone rape hoax,” which conveniently dovetailed with Lhamon’s preferred narrative that our nation’s campuses are hotbeds of depravity. Last week, OCR’s public list of open investigations of purportedly recalcitrant colleges and universities had reached 300, while students who appear to have been wrongfully accused continue to file lawsuits at the rate of at least one each week, and their success rate is improving. Hundreds of traumatized students and their families have sought support and guidance from FACE.
In an effort to guarantee continued enforcement of misguided and illegal OCR Title IX policies, on January 4, 2017, Obama appointed Harvard’s controversial Title IX officer Mia Karvonides as OCR’s head Title IX enforcement officer. Not only have Ms. Karvonides’ radical sexual harassment policies raised the ire of two dozen Harvard law professors who argued the policies “lack the most basic elements of fairness and due process,” and “are overwhelmingly stacked against the accused,” but Harvard students also criticized Karvonides’ explanation of “unwelcome conduct” as unintelligible. This is hardly surprising, as the Obama administration’s definition of “unwelcome conduct” is similarly vague and expansive (“name-calling, graphic or written statements”), and inexplicably instructs campuses to disregard whether or not a subjectively offensive act was intended to harm.
Not to be outdone, on January 5, 2017, Vice President Biden issued his own letter to the nation’s colleges and universities exhorting them to continue implementing the disastrous effects of OCR’s aggressive Title IX enforcement policies. Biden’s letter relies on the repeatedly discredited one-in-five-college-women-are-assaulted statistic, even as his linked January 2017 “Guide” cites a U.S. Bureau of Justice Statistics study which showed non-students of the same age group are 1.2 times more likely to be sexually assaulted than are college students.
As a representative of hundreds of students adversely impacted by the Obama administration’s ill-conceived campus sexual harassment policies, FACE urges congress to take immediate and decisive action to counteract any and all efforts to prolong enforcement of those policies, and to restore civil rights on campus.
FACE advocates for equal treatment and due process for those affected by sexual misconduct allegations on campus and to support those students and their families through outreach and education. www.facecampusequality.org
A Connecticut state court judge rebuffed Central Connecticut State University’s attempt to use FERPA to deny an accused student access to evidence against him. The decision is a shot across the bow for schools considering invoking FERPA to withhold police records during disciplinary proceedings even though FERPA explicitly excludes law enforcement records from being withheld. The university’s distorted interpretation of FERPA is noteworthy because it perversely construed the statute, which was designed to protect students’ rights, to require the denial of one of the most fundamental due process rights of the accused-the right to present a defense.
www.thefire.org By Zach Greenberg
If you’re male and 18 and waiting anxiously for your acceptance at a college or university the authors of The Campus Rape Frenzy would undoubtedly have two words of advice: Don’t go. If you do go and then have sex, your partner can accuse you of rape if you kiss her or reach for her hand without her permission. She can say she was afraid of you when she did give permission and was coerced. She can claim that after a single drink she was under the influence of alcohol and therefore unable to give consent and can make these claims months after the fact without you being aware that she has made them. Think that’s scary? What happens next is even worse.
freebeacon.com By Bruce Fleming
Judge Elizabeth Dillon proved that some campus procedures are just too outrageous to survive judicial review. The judge’s due process ruling came in a case out of James Madison University. The case illustrates the effects of an often-overlooked effect of the 2011 Dear Colleague letter-the requirement that colleges allow accusers to appeal not-guilty findings…this double-jeopardy principle creates an additional layer of injustice. “No reasonable jury,” [Judge Dillon] concluded, “could find the accused student was given fundamentally fair process. Instead, the undisputed facts show that JMU denied him a ‘meaningful hearing.’”
www.mindingthecampus.org By KC Johnson
“John Doe” is suing to get his diploma from Williams. Doe’s scheduled graduation in June was suspended pending the results of a Title IX investigation initiated by his ex-lover, who allegedly accused him of rape only when she feared he would get her fired. According to Williams College, A sexual-consent policy that tells both partners they need each other’s consent means the same thing as a policy that forces accused students to prove they obtained consent.
thecollegefix.com By Kayla Schierbecker
Many accusations of sexual assault on college campuses involve female students alleging the male student made all of the advances. But in this scenario, the female student, Marion Zerfoss was the aggressor yet she was not punished for taking advantage of a drunk male student, Aaron Farrer. Marion Zerfoss claimed to campus investigators and police that she was “s— faced” but that he was completely sober, which he denies. Farrer alleges that Marion reported him because she was embarrassed about her behavior and wanted to cover up the fact that she had cheated on her remaining boyfriend (she had broken up with the other). Farrer is suing his accuser, Marion Zerfoss for defamation and intentional infliction of harm.
thehill.com By Ashe Schow
Serial accuser, Angela Cameron is being sued. Katharine Westaway a women/gender studies professor is being sued…Falsely accused student, David Jia sued the University of Miami, two officials and his accuser for “negligence, Title IX violations, intentional infliction of emotional distress, defamation, and other claims.” Jia is seeking justice against the university that railroaded him. Two things stand out about Jia’s suit-Police determined that serial accuser Angela Cameron blatantly lied, and professor Katharine Westaway, was moonlighting as an unofficial “rape counselor” while she harassed David Jia.