Campus courts don’t necessarily give weight to evidence that favors students accused of rape. Fortunately for those students, real courts aren’t so flagrantly biased. A California Superior Court judge in Los Angeles tossed the state’s case against USC student Mr. Premjee, citing surveillance video from throughout the evening he spent with his female accuser.
Monthly Archives: August 2017
University of Cincinnati is desperate to claim the nation’s most unfair campus sexual assault process. In this case, two students met on the Tinder app. The female later claimed the sex wasn’t consensual; the male said it was. At the hearing, neither the accuser nor the Title IX investigator, bothered to appear, denying indirect cross-examination. Panel Chair:’ OK, so the complainant is not here…Respondent, do you have any questions of the Title IX report?’ Accused Student: ‘Well, since she’s not here, I can’t really ask anything of the report.’ The student was found guilty and then sued. UC maintained that its denial of any cross-examination didn’t violate the student’s due process rights.The accused’s attorney Josh Engel faced no skeptical questions from the sixth circuit appeal panel, and made important points about why due process matters.
6th Circuit Summary w Audio Excerpts By KC Johnson
A lawsuit filed by a former Augustana University student who claimed the school unjustly expelled him following a rape accusation has been dismissed. “It was resolved to the satisfaction of the parties” lawyers said, “That is all I can say.” The school’s investigation failed to take into account that his accuser had also accused other students of sexual misconduct, including threatening a prior boyfriend with a false rape allegation. Crucially, the complaint said, Tsuruta was physically incapable of committing the rape as alleged because he had lost his feet in a motor vehicle accident.
argusleader.com By Jonathan Ellis
One of the best ways to determine whether a case is weak is to watch good minds try and fail to make it. This is exactly what happened in the New York Times yesterday, as Jon Krakauer and Laura Dunn teamed up to defend the Obama administration’s incoherent, unlawful, and disastrous streamlining of the process for punishing alleged campus rapists…There is an important word that appears nowhere in Krakauer and Dunn’s essay: “Constitution.” They act as if the Department of Education has complete discretion to determine the proper legal standards in such cases, which it most surely does not. DeVos isn’t just right to re-examine those directives; her re-examination is a constitutional imperative.
nationalreview.com By David French
Two male students accused of sexual misconduct say the University of Texas at Austin and Texas A&M University botched their cases, the latest in a growing backlash against federal requirements that critics say improperly favor campus assault and harassment complainants over the alleged perpetrators.
houstonchronicle.com By Lindsay Ellis
Police at a junior college in Wyoming have closed a sexual assault case involving a member of the University of Oregon’s 2017 Final Four basketball team, and no charges will be filed. The case came to light this summer after Bigby-Williams already announced plans to transfer to Louisiana State University from UO. “We had sex, she took a shower, came back and we were laying in bed, talking to each other,” he told police.
registerguard.com By Dylan Darling
It would seem fairly self-evident that when a college establishes procedures for handling sexual misconduct claims, it should actually follow them. That, however, was not the case in Matter of John Doe v. Skidmore College, a recently issued decision by the State of New York Supreme Court, Appellate Division. Given what it termed “multiple failures that . . . taken together, demonstrated a lack of substantial compliance” with Skidmore College’s investigatory and adjudicatory protocols, the court nullified the plaintiff’s expulsion for sexual misconduct, once again demonstrating the obvious difficulty some colleges and universities have in implementing the most elementary procedural safeguards in student-on-student sexual harassment cases.
I have written for several years on my belief that Title IX investigations on campus are fundamentally broken. But even I’m stunned to see some of the stories – like the one involving USC kicker Matt Boermeester. Here you have a boyfriend and girlfriend in a one year relationship who are allegedly playing around outside their apartment. An unnamed witness sees this -we know nothing about this witness – tells a USC athletic department official and then a Title IX investigation ensues and shortly thereafter Matt is kicked out of school. All because one anonymous witness saw the duo playing around outside their apartment. And if you think Matt Boermeester at USC is the only innocent victim, you’re wrong. There are thousands of other students just like him all over this country. It’s way past time for reasonable people to acknowledge campus Title IX investigations are broken and return some sanity to the system.
A rape charge has been dropped against one former Lindenwood University men’s basketball player, and a second former player pleaded guilty to a misdemeanor. Asked about the dismissal and the plea, Prosecuting Attorney Tim Lohmar said, “Any time you’ve got what appears to be a credible allegation of date rape, you’ve got to take it seriously.” But Lohmar said that further investigation showed the case was “not as it first appeared.”
Before Paul Nungesser secured a handsome settlement from Columbia University, a federal district judge had slapped down his earlier Title IX lawsuit for gender discrimination. Judge Gregory Woods ruled that by assuming “sex-based discrimination” covers sex acts, Nungesser’s claim would let every person accused of sexual assault file a Title IX claim against their school. This ruling had an ominous tint for rape accusers as well, suggesting that in Woods’ court, they would have a difficult time arguing they faced sex-based discrimination from their schools because they alleged they were victims of sex acts…Now a different federal appeals court has put the same boundaries around Title IX claims as Woods, ruling against a high school student who claims she was raped at a fraternity party on a college recruiting visit.
thecollegefix.com By Greg Piper