A male found guilty by Cornell of sexually assaulting a female could be back on campus because a judge temporarily barred the University from suspending him. Unbelievably, Cornell also slapped a second guilty finding against John Doe. Cornell ruled that the male student accused the female student of sexual assault as “a tactical maneuver and in bad faith.” The panel said the male student, in claiming that Roe had initiated sex without his affirmative consent, had put Roe “through the proverbial wringer” and that it constituted retaliation, prohibited by Cornell policy…John Doe’s lawsuit alleges both that Cornell arbitrarily and prejudicially departed from its own policies and that Cornell’s findings of guilt are unsupported by the available evidence.
cornellsun.com By Drew Musto
Monthly Archives: July 2017
A disciplinary hearing in late 2013 cleared Paul Nungesser of charges that he raped Sulkowicz, and there is strong evidence that “mattress girl” has been knowingly dishonest. But despite a settlement essentially exonerating him, Nungesser is still a rapist in a media narrative. “The public has to understand that false accusations are not a triviality-they exist and they destroy the lives of those affected. It really doesn’t matter whether 2% or 8% of sexual violence accusations are false. We have to accept that false accusations exist and learn how to deal with them. But this will only be possible if victims of false accusations are able to tell their story publicly.” Words from Paul’s mother, a feminist journalist.
reason.com By Cathy Young
The rate of allegations are far higher at elite schools. Given the disproportionate number of elite institutions in the states of the First Circuit, it should come as little surprise that the area has featured a disproportionate number of due process cases. These cases run the gamut—with one Appeals Court decision favorable to due process (Columbia) one unfavorable (Houston) and one highly unfavorable decision (Cincinnati.) The BC case could provide more clarity- and seems likely- at least based on the oral argument, to produce a victory for the accused student. The outcome from this liberal circuit could carry considerable weight… The facts of the BC case are unique: it took a year and a half for JD to prove his innocence, and the prosecutor dropped all charges. BUT the investigation at Boston College took a different course. In summary, the First Circuit seemed most concerned with the issue of breach of contract.
academicwonderland.com By KC Johnson
A jury found expelled UW-Madison student Nicholas Ralston, first arrested in 2015, not guilty of third-degree sexual assault Wednesday.
A fair process that includes due process does not impede justice. Adding balance and fairness to a corrupt system will help all parties involved, especially if it tamps down the current hysteria. To see schools settle with accused students, rather than fight them, is encouraging. What would be more encouraging is if more schools changed their policies to protect the rights of accused students and stopped the witch hunt mentality raging on campus… “a system without due process ultimately serves no one in the end.” Betsy DeVos
thefederalist.com By Ashe Schow
Bury the 1 in 5 lie. Not only is this faulty statistic and propaganda dangerous, but it has created a system in which victims and the wrongly accused never receive fair and due process. If you’ve stepped foot on a campus lately, you may have noticed the heightened paranoia surrounding sexual assault on campuses around the nation. “The Campus Rape Frenzy: The Attack on Due Process at America’s Universities” written by respected journalist and author Taylor Stuart Jr. and KC Johnson, dismantles what we’ve been led to believe about “rape culture” which he says was concocted by extreme feminists in the 1980s. This morning on “Pat & Stu,” the guys discuss this issue with the author.
By a split 2–1 decision, the US Court of Appeals for the Fifth Circuit recently held that the University of Houston did not violate the due process rights of two students who were expelled for sexual misconduct. The Plummer case presents two clearly contrasting judicial viewpoints-a majority opinion showing deference to the University and a dissenting opinion asserting that the judiciary must intervene to correct processes that are not protecting the rights of the accused. The case remains before the Fifth Circuit, where the students have petitioned for a full en banc review…In their petition, the students request that the full Fifth Circuit provide “what the [majority opinion] failed to do: guidance for colleges and universities to implement Title IX in accordance with the Due Process Clause.” (Plummer v. University of Houston, et al., No. 15-20350 (5th Cir. June 26, 2017).
nixonpeabody.com By Sciocchetti and Richard
A Title IX accused male is suing Miami University claiming “Miami was heavily invested in protecting female accusers even when there is no evidence of wrongdoing by males in order to avoid scrutiny from the (U.S.) Department of Education.” The case is the latest example of a growing legal pushback seen on some campuses nationally as men sue, and in some cases win. Some accused male students say they are wrongly presumed guilty by their universities and forced to prove their innocence -sometimes while suffering quick disciplinary actions prior to or during any college hearing process -in what they claim is a reversal of American criminal and civil law’s presumption of innocence until proven guilty.
daytondailynews.com By M.D.Clark
Paul Nungesser finally got justice last week. Columbia University announced earlier this month that it had settled the lawsuit filed by Nungesser. For universities, handling sexual assault is a matter of money. And so far the suits by those falsely accused have not been expensive or frequent enough to deter schools from these witch trials. Frankly it’s going to take some big lawsuits to change colleges’ calculations, and that’s why it’s a shame (but not an accident) that the amount of the Columbia settlement was undisclosed. The administration doesn’t want to encourage more plaintiffs to come forward at Columbia or elsewhere.
nypost.com By N.S. Riley
Many male students have confidentially reported that they had to deal with Title IX terrorism during their education at USC – which led them to experience ostracism, negative mental health, and dropping grades even in situations which did not lead to suspension and expulsion. The fact that there are eight lawsuits and an unprecedented Federal investigation should speak for itself; since many students fear retaliation and/or cannot afford legal counsel, this number is only a minor fraction of the male victims harmed by Kegan Allee’s campaign of terror…So the question is, why does USC sustain such a hostile atmosphere against male students despite so much legal trouble?