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
Monthly Archives: February 2017
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
John Doe claims Denison violated Title IX by creating a gender biased, hostile environment against males, based in part on Denison’s pattern and practice of disciplining male students who accept physical contact initiated by female students…”Upon arriving in John Doe’s room, Jane Doe voluntarily started to undress herself and initiated sexual activity with John Doe. After Jane had an orgasm, Jane stated she would rather have sexual intercourse and asked John to get a condom.” Based on the information detailed in this Complaint [see below] (and) upon information and belief, Defendants’ unlawful discipline of John Doe occurred in part because of Defendants’archaic assumptions that female students do not sexually assault their fellow male students.
Remember John Doe who was expelled for sexual misconduct, even though his accuser performed a sex act on him while he was blacked out? Recently, Seattle District Judge James Robart, blocked Doe’s attempt to subpoena his accuser’s text messages on grounds that re-litigating the matter “would impose emotional and psychological trauma” on her. According to Judge Robart, John Doe who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, ‘Sandra Jones,’ was the actual violator of the college’s sexual misconduct policies, does not deserve the opportunity to make his case because someone else’s feelings are more important. Judge Robart argued that since Doe isn’t suing Jones directly, he has no right to involve her in his case against Amherst. The Moral: SUE YOUR ACCUSER
reason.com By Robby Soave
Many parents have no idea what is happening to our young men on college campuses today, the innocent are being falsely accused, and families are being destroyed. At the heart of the problem is a legal system that has created broad definitions, weakened due process, and removed the presumption of innocence. Attorney Cynthia Garrett, Co-President of Families Advocating for Campus Equality (FACE), and Board President of Stop Abusive and Violent Environments (SAVE) describes the devastating impact that the 2011 “Dear College” policy has had on young men who have been falsely accused of sexual misconduct
politichicks.com By Sonya Sasser
In the years following 2011, students accused of sexual assault have seen their due process rights eviscerated and their presumption of innocence ignored. Meanwhile, the definition of sexual assault has been expanded to include pretty much anything. The panelists who met on Capitol Hill last week aimed to provide fairness in their hearings, but rarely mentioned due process or fairness during the panel discussion….Outside of campus culture, men and women who face the risk of real sexual assault are forced to use the criminal justice system, where both accuser and accused have due process rights -apparently a terrible thing, according to activists, administrators and federal regulators.
watchdog.org By Ashe Schow
About one new due process lawsuit per week was filed last year against a college by a student who had been found guilty of sexual assault by a campus tribunal, despite what the lawsuits claim is strong evidence of innocence. The strongest federal appellate win for an accused student was issued unanimously by an all-Democratic-appointed panel. And the biggest appellate loss for an accused came a few months later, from a unanimous panel that included two George W. Bush appointees. Those two decisions are bookends for the diverse approaches that different judges have taken to the civil liberties of accused students, mostly males, whose fates are decided by campus authorities.
washingtonpost.com By Johnson and Taylor
“The lower threshold as articulated in guidance in 2011 by the Office for Civil Rights provides the foundation for a likely outcome of responsibility.” It’s not about finding the truth, or administering justice. The purpose of the guidance is to make it more likely that accused students are found responsible, whether or not they have done anything wrong. OCR has tipped the scales in favor of alleged victims, because the lives of the accused matter less than the lives of the accusers.
reason.com By Robby Soave
College fake accusations are increasing and distressingly so. I really wish that college girls would study, and focus on their career instead of teasing and throwing their body at a guy, and afterwards create a rape story to major in victim hood101. Pluze, these false accusations stink. Stop this! Stop lying! Stop craving a victim hood career. It’s embarrassing. After reading through this latest Illinois court filing, I have tremendous respect for John Doe’s courage, strength, and integrity. John Doe alleges that Columbia College Chicago violated Title IX by creating a gender biased, hostile environment against males, based in part on CCC’s pattern and practice of disciplining male students who accept physical contact initiated by female students…Upon information and belief, CCC’s agents involved in CCC’s adjudication of Roe’s sexual misconduct claims against Doe -knew Doe had not sexually assaulted Roe and that Roe had initiated and/or consented to all physical contact. Read it, the evidence is overwhelming: Docket 1 complaint doe v columbia college chicago-1