The most terrifying book you will read this year isn’t written by Stephen King. It’s written by a lawyer and a history professor, and it will blow your hair back. The book is The Campus Rape Frenzy: The Attack on Due Process at America’s Universities, by KC Johnson and Stuart Taylor, Jr. I cannot recommend it highly enough. There are too many things to praise about this book, so I think I’ll just focus on my favorite part – what it does to the faulty, yet oft-repeated, statistics in this area…The book is much more than statistics, of course. Johnson and Taylor do a terrific job highlighting the terrible abuses of due process on college campuses across the country, the find-guilt-at-all-costs mentality of many Title IX coordinators, and the sheer hypocrisy of liberals who once claimed to care about due process.
abovethelaw.com By Justin Dillon
Monthly Archives: March 2017
More than 150 lawsuits brought by students accused of sexual misconduct who allege they were denied basic fairness in campus proceedings have been filed since 2011. Two recent rulings illustrate how malleable and susceptible to varying interpretations the law in this area is, leading to a mixed bag of results for plaintiffs. Some judges are deeply reluctant to interfere in universities’ internal disciplinary systems and will defer to universities even when the circumstances would likely strike most people as outrageous. Other judges are more willing to allow accused students’ lawsuits to move forward, at least beyond the initial pleadings and into the discovery phase. Today, we will look at one of each of those cases.
www.thefire.org Samantha Harris
Northwestern University announced last month that female students had “potentially” been drugged and raped at the Sigma Alpha Epsilon house. It later said another student might have been drugged and raped at a different, unnamed fraternity. Who reported these horrific crimes? No one knows. They were done anonymously. Northwestern launched a witch hunt against two fraternities, intentionally naming one, without even knowing who the alleged victims were. And now the university that cried “wolf” is closing its investigation with no punishments…TIX rape accusations are becoming so trendy that I bet pretty soon designer wear will be created to go along with these trendy TIX false rape claims. (SOS)
thecollegefix.com By Greg Piper
For the past six years, the Department of Education’s Office for Civil Rights (OCR) has threatened to revoke federal funding from colleges that don’t use the “preponderance of evidence” standard, which requires only 50.01 percent certainty that a student committed rape. That is too low for the American College of Trial Lawyers. In a report highlighting failures of due process in Title IX investigations, the group calls for use of the “clear and convincing” standard. The report examines multiple areas where colleges are depriving students of common protections in judicial proceedings. They include the right to be accompanied by counsel, ability to cross-examine complainants and witnesses, access to evidence, consideration of partiality, and provision of a written summation of facts and conclusion.
thecollegefix.com By Brian Bensimon
A former University of Maryland student opposed a motion from campus administrators to dismiss his complaint in a federal lawsuit seeking $5 million. The ex-student and plaintiff, John Doe claimed in his Sept. 30 complaint that he was wrongfully expelled. Doe alleged he was not given due process or advised of his rights during this university’s sexual misconduct investigation and was not given proper notice of investigation procedures. University officials also “filtered through the police report” and didn’t let Doe tell his side of the story while ignoring certain details of the incident. Doe seeks reinstatement to this university and for all files related to the investigation to be removed from his record. At the time of his expulsion, he was three credits shy of graduation.
dbknews.com By Jessica Campisi
On Friday Manhattan federal judge Gregory Woods said Nungesser could not prove he was harassed based on his gender and tossed the lawsuit “with prejudice” To win, Nungesser would have had to prove that Columbia knew he was being harassed based on his gender. But Nungesser himself argued in his lawsuit that “Sulkowicz’s conduct was motivated by her anger at his rejection of her as well as her anger at his having been found ‘not responsible’” for the rape. Nungesser’s lawyer said his client intends to keep fighting. “We think we have a good appeal. We’re going to have to go to to the Second Circuit (Court of Appeals) and get it done right.”
nypost.com By Kaja Whitehouse
As it left office last year, Obama’s administration made one final move in its crusade against campus due process: it requested a massive increase-$30.7 million, or 28.7 percent-in funding for OCR. To translate: OCR head Catherine Lhamon wanted to hire nearly 200 permanent employees, who would work under a true believer (Harvard’s ex-Title IX coordinator), because she had decided OCR would investigate not merely the complaints it received but thousands of other cases, even though no accuser had filed a Title IX complaint about any of these individual cases. On this matter, as on virtually all OCR-related matters during the Obama years, no sign of congressional oversight existed. It would be difficult to imagine a more wasteful use of federal funds.
mindingthecampus.org By KC Johnson
The ACTL has issued a watershed White Paper that highlights how the current system of campus rape tribunals shortchanges both victims and accused students, thereby undermining the goal of curbing campus rape. The White Paper makes recommendations regarding the need for procedural due process; impartial investigations; the rights to counsel, access evidence, and notice of allegations; cross-examination; and the inadequacy of the preponderance of evidence standard. “Under the current system everyone loses: accused students are deprived of fundamental fairness, complainants’ experiences are unintentionally eroded and undermined, and colleges and universities are trapped between the two.”
thefire.org By Alex Morey
The sexual assault conviction against former Baylor football player Sam Ukwuachu has been overturned by Texas’s 10th Court of Appeals. The appeals court overturned Ukwuachu’s conviction because text messages between the victim and a friend of hers on the night of the alleged assault were improperly excluded from evidence. Ukwuachu claims the texts show that he had consensual intercourse with the woman. The court ruled that Ukwuachu be given a new trial.
It’s ironic. Pretty girls crying get what they want. Pretty boys crying do not get due process..A Senate committee killed HB51 that would change the way Georgia’s public universities investigate and punish allegations of sexual assault on campus. The bill’s sponsor, state Rep. Earl Ehrhart, was unfazed by the vote, saying he would give him more time to work on the measure. “This is too serious an issue” to push it, Ehrhart said. “It’s not dead by any stretch of the imagination. The issue hasn’t gone away.”
www.myajc.com By Rhonda Cook