More than a dozen new lawsuits have been filed against universities by students who allege they were discriminated against and denied due process in campus sexual misconduct proceedings, and even more complaints are in the works. There have also been a number of new rulings in the many ongoing accused-student lawsuits. Today, I’ll talk about two of this month’s decisions in which federal judges denied accused students’ requests for preliminary injunctions in their cases.
www.thefire.org By Samantha Harris
Monthly Archives: March 2017
Three Minnesota football players have been cleared of sexual harassment allegations in the final round of appeals at the school and will be allowed to return to spring practice. “These couple of months have been nothing short of a nightmare for me and I want to thank everyone who has reached out to me and shown nothing but love,” Winfield posted on Twitter. “Today I have officially been cleared and I am excited to tear up the field for my brothers and my gopher fans.”
reviewjournal.com By Jon Krawczynski
For 23 years Tom Rossley was a member of the Drake Board of Trustees. Rossley is now suing Drake after his fellow trustees voted to remove him because of his defense of his son. Rossley’s son, who is identified only as John Doe in court documents, and who appears to be a victim of sexual assault, is also suing Drake for gender discrimination in a separate lawsuit filed late last year. What follows is a campus sexual assault investigation unlike any other, which has so many elements from other outrageous campus kangaroo-court fiascos it could have been written for an episode of Law & Order: Special Victims Unit. Sadly, for Rossley and his son, this nightmare was not written by Hollywood; it is their current reality.
watchdog By Ashe Schow
William Blackstone declared, “It is better that ten guilty persons escape, than that one innocent suffer.” In 2011, the U.S. Department of Education took a different position. They decreed that Title IX sex tribunals should embrace a weaker “preponderance of the evidence” standard. So how high a risk of false conviction do the innocent face under the OCR’s Title IX guidance standards? UCLA Professor John Villasenor set out to answer that in a study that uses probability theory to model false Title IX convictions under the preponderance of the evidence standard. What he found should take all fair-minded Americans aback.
reason.com By Ronald Bailey
Over the last few years, we have become all but immune to what, under any other circumstances, would be a fantastic claim—that one in five female undergraduates will be victims of sexual assault. This rate would translate to several hundreds of thousands of violent crime victims (with almost all of the incidents unnoticed) annually, and implies that about the same percentage of female college students are sexually assaulted as women in the Congo where rape was used as a war crime in the nation’s civil war…Even within this environment of pie-in-the-sky statistics, a recent survey from Duke stands out.
mindingthecampus By KC Johnson
Tufts Community Union Senate voted down Student’s Advocating for Students resolution “Requesting Fair and Protective Title IX Procedures.” Twenty-five student Senators voted against fair and protective Title IX procedures, and no Senators voted in favor of these procedures. The hearing prior to the final vote was a shocking yet accurate display of Tufts University’s egregious campus culture…Senators directly defended allowing victims of sexual misconduct to determine Title IX sexual misconduct cases- violating Tufts’ obligation to provide impartial Title IX proceedings.
sa4s.org By Students Advocating for Students
Georgia colleges tread where prosecutors won’t, but some claim secret tribunals are unfair to the accused. A three-month AJC investigation into the secretive world of campus tribunals found that Georgia’s largest universities are pursuing cases that prosecutors won’t touch. But the newspaper also found that campus justice comes with steep trade-offs. Procedures vary widely and are often poorly understood by both the accused and the accuser. Students, and sometimes their parents, expect the strict rules of a court of law, but instead encounter a looser system where cross-examining witnesses is sharply curtailed and the burden of proof is far lower. Several students claim the proceedings in place are deeply flawed and violated their rights to due process.
investigations.myajc By Shannon McCaffrey and Janel Davis
There are fundamental deprivations of justice, and then there’s what happened to a male student at Drake University. The student, “John Doe,” was expelled for sexual misconduct-ostensibly because he engaged in nonconsensual sex with a female student, “Jane Doe.” In truth, John was punished for failing to realize quickly enough that he was actually the victim in the encounter. Drake officials still refuse to fix their mistakes.
reason.com By Robby Soave
An incoming freshman at UC Santa Barbara is suing the university to remove a suspension that has barred him from attending the school since August. “Even though my client has never been charged by UCSB with any violation of University rules, he sits out of school and it is now clear he will miss the entire school year unless a court ultimately intervenes,” Doe’s lawyer, Robert P. Ottilie said.
dailynexus.com By Jose Ochoa