Judge Orlando Hudson issued a ruling on a preliminary injunction allowing a suspended men’s soccer player to remain at Duke. “He selected Duke,” argued his attorney “When he came to Duke after doing that research and deciding on Duke, he agreed that he would play soccer for them and live by their rules. And Duke has to live by the rules too.” Judge Hudson responds: “I also agree that he has established and carried his proof on his claims that his hearings were fundamentally unfair, the mandatory injunction will be allowed.”
dukechronicle.com By Frances Beroset
Monthly Archives: February 2017
With the NY Times setting the tone, the mainstream media have presented a misleading picture of almost every aspect of the campus sexual assault problem. The coverage has three critical flaws. The first is the “believe-the-survivor” dogma, which presumes the guilt of accused students. Second, journalists have embraced without skepticism or context surveys purporting to show that 20 percent of female college students are sexually assaulted-Third, media coverage of alleged sexual assault on college campuses fails to report in any meaningful way the actual procedures that colleges employ in sexual assault cases… SOS requests that NY Times speak with FACE and write an honest story about those accused.
As per this Title IX lawsuit: A female college student walked into John Doe’s dorm room, jumped in his bed and came on to him. He was drunk. Both consented to mutual kissing and more. In the middle of [alleged] oral sex she asked him to stop. He did. He stopped. She cried assault. She actually believes she was assaulted, even though she initiated their contact, and he stopped when she asked. After a biased kangaroo court T9 hearing he was kicked out of Miami University for sexual assault. Currently John Doe continues to receive treatment for psychological and emotional trauma related to this false accusation.
A Texas Tech athlete, is asking a Lubbock court to reverse a decision by a Title IX hearing panel that found him responsible for violating the school’s code of conduct by having sex. He is suing Tech and university President Lawrence Schovanec, claiming his rights to due process were violated, and he is alleging there were “procedural and substantive errors that significantly impacted the outcome” of a Title IX hearing.
amarillo.com By Sarah Rafique
A former Allegheny College student has filed a federal civil rights lawsuit against the school, claiming he was unfairly expelled after a sexual assault allegation was levied against him in 2014. “The college has punished ‘John Doe’ with its most severe sanction -expulsion and a permanent record of the alleged violation -with no credible evidence and as a result of a process that contains virtually no procedural safeguards for accused students and is permeated with gender bias,” the suit states.
goerie.com By Madeleine O’Neill
The U.S. legal system operates on the theory that the accused is innocent until proven guilty. But Stuart Taylor argues that, when it comes to sexual assault allegations, college campuses are turning the American justice system on its ear and declaring young men guilty based on accusations alone.
What do campuses say is sexual assault? 2:26
What if the man and the woman are both intoxicated? 6:08
“Pressure from government to hand down guilty verdicts” 7:08
What happens if you question the campus orthodoxy? 8:35
“What we oppose is presumption of guilt” 10:52
“There is no rape culture” 11:51
“Campus rape activists do not take rape statistics seriously” 14:55
“What is it like to be falsely accused?” 15:32
Activists admit that their methods don’t work 19:22
“Activists say it’s better to presume guilt” 19:59
How does the media deal with campus rape claims? 24:01
Mattress girl 27:12
What happened to due process? 28:17
The roots of campus rape hysteria 33:21
“Is there a way out of the false campus rape narrative?” 35:21
Georgia State Rep. Earl Earhart has won committee approval for legislation that would remove the adjudication of felony sexual assault from campus administrators and return it to law enforcement. The bill would require any college or university employee who is told about a sexual assault that falls under the definition of a felony to report the crime to law enforcement. The actual text of the legislation is quite short, and takes less than a minute to read. Yet still it has been mischaracterized. Ehrhart has made campus due process one of his pet issues and this bill would go a long way toward establishing a system that could produce real justice.
watchdog.org By Ashe Show
Conviction in criminal trials in the USA requires establishing a defendant’s guilt beyond a reasonable doubt. By contrast, in Title IX proceedings allegations of wrongdoing are adjudicated according to a much lower ‘preponderance of the evidence’ standard. This article provides a framework for using information regarding false conviction probabilities in criminal trials to model the probability of false guilty verdicts in Title IX proceedings. An innocent person facing a 4% of being found guilty under the beyond a reasonable doubt standard would face a 33% probability of being found guilty under Title IX’s preponderance of the evidence standard…when the burden of proof is preponderance of the evidence, the risks faced by innocent defendants will be substantial.
academic.oup.com A-probabilistic-framework-for-modelling-false By John Villasenor
The University of Minnesota panel cleared four students, eased the sanctions on one player and upheld the punishments for the other five. “Green, McCrary, Shenault and Winfield Jr. are very pleased to be vindicated by the panel’s rulings,” attorney Hutton said. “The allegations against them were unwarranted and could have greatly harmed their bright futures. They look forward to putting this incident behind them and moving ahead in their academic and athletic pursuits.” Hennepin County authorities twice declined to charge any of the players, citing a lack of evidence, but Title IX accusation hearings carry a significant lower burden of proof.
Cheers go out to investigators at the University at Buffalo North Campus. A female student claimed she was sexual assaulted. The investigators were unable to find evidence to support her claim. The student admitted that her claim was false. Thank God this young girl realized her mistake in making a false accusation, and admitted her mistake before she could ruin an innocent young man. This is why due process and fact finding is essential when an accusation of an assault is made.
buffalo.edu By Kate McKenna