A former Catholic University of America student filed a lawsuit against the school last week seeking $1 million in general damages, saying it discriminated against him by gender in a sexual-assault investigation. The lawsuit said the procedures governing the disciplinary hearing are “entirely inadequate” because they don’t let accused students investigate allegations, vet evidence or train participants to “evaluate evidence in any manner”.
Monthly Archives: July 2017
“Young college men that are wrongly accused are mentally harmed beyond belief,” says Alice True, founder of Save Our Sons “I know of many young guys who are immobilized by a false accusation. They’ve lost their education, their future, and their career dreams. They’ve let their families down, and even though they are innocent, the stigma of a false accusation lingers endlessly. Many guys are in therapy, they can’t get out of bed, they can’t cope with general life skills, they don’t trust women, and they can’t have a simple conversation with a woman.”
glamour.com By Lilly Dancyger
Background on this insane case: Neal’s TIX investigation was based on a complaint from another female. Neal’s girlfriend did not accuse him and both Neal and his girlfriend contend their sex was consensual. Neal was not charged in court with rape or any crime…Neal filed a lawsuit against CSU Pueblo stating that gender bias against male athletes and the university’s self-interest in its reputation were reasons he was suspended indefinitely in 2015…Recently the State Claims Board voted to approve CSU Pueblo’s monetary terms of the settlement agreement. “The agreement included monetary and a number of non-economic terms.” Hopefully now Grant Neal will resume his college education and get his degree.
The University of Oregon lost in state court for suspending a student accused of rape without letting him respond to evidence and an expert opinion, and not documenting interviews with his accuser. Now “John Doe” is taking the university to federal court to obtain damages for emotional distress, harm to his academics and reputation, and attorney’s fees stretching back to UO’s investigation. Doe told investigators he wasn’t interested in having sexual contact with the accuser because he believed she had herpes, and that she may have made the accusation to get attention from her ex-boyfriend. Doe’s complaint alleges that “The University responded to Jane Roe’s accusations through arbitrary, discriminatory and illegal actions designed to reach a predetermined outcome, namely, John Doe’s suspension from the University.”
Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct. Both parties should receive written notice before a formal investigation begins, both parties should be allowed to participate in an investigation, both parties should be allowed to review a school’s initial investigative report and to respond to the final report, and both parties should have a right to appeal, according to the report by the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection.
abajournal.com B D.C. Weiss
The University of Cincinnati ignored evidence of innocence and unlawfully disciplined a male student who was accused of sexual assault in an encounter he said was consensual. “UC created an environment in which male students accused of sexual assault, such as Gischel, are fundamentally denied due process as to be virtually assured of a finding of guilt.” It adds that Gischel, was wrongly disciplined “for accepting [accuser] Schoewe’s offer to engage in sexual activity that Shoewe initiated and consented to, but apparently later regretted.” The lawsuit says [UC police detective who investigated the incident, and is himself being investigated for inappropriate relationships with women, including Schoewe, ] Richey and Schoewe “were conspiring to present false testimony against Gischel.”
cincinnati.com By Kevin Grasha
As Columbia University settles a case with a student found innocent of sexual assault, the Secretary of Education Betsy DeVos is now calling for OCR to return “to its role as a neutral, impartial, investigative agency…[because it] had descended into a pattern of overreaching, of setting out to punish and embarrass institutions rather than work with them to correct civil rights violations and of ignoring public input prior to issuing new rules.” That is, she will allow colleges to use a higher level of proof before finding someone guilty of a crime or offense. That’s not “enabling” sexual predation or excusing misbehavior, it’s making a flawed system better. There is no conflict between due process and treating victims of sexual assault with the care and consideration they deserve.
reason.com By Nick Gillespie
Things seemed to go okay during my son’s freshman year and by senior year he held several leadership positions within his Sigma Chi fraternity chapter and also one with the national organization. In one of his positions he was expected to report instances of hazing. He took his job seriously and was diligent, which caused some brothers to be upset with him…My son’s senior year began in September 2015 and what should have been an exciting time for him became a nightmare. Unfortunately, he would become the target of some vindictive brothers…
saveservices.org By Bobbie Wilson
There is a war going on to stop Betsy DeVos from rescinding Lhamon’s “guidance,” and that war is being fought by academics willing to sacrifice facts and scholarly credibility to intentionally lie to the public and convince them to fight any change to Lhamon’s radical and lawless shift of campus sexual adjudication…At the core of this agenda is the antithesis of all that comprises the fundamental basis of our legal system: blindly believe the accuser, assume the accused guilty, deprive the accused of due process and assure his guilt.
simplejustice.us By Scott Greenfield
Columbia settled the second lawsuit filed by Nungesser. In filing the lawsuit last year, Nungesser said “While I personally would like to put this case behind me, I also think this complaint raises some fundamental questions that our society deserves answers to.” Those questions, he says, include whether male and female students have the same rights, and whether “a false accusation [is] all it takes to lose any right to a normal life and a normal college experience.”
hotair.com By Ed Morrissey