Two former members of the University of Virginia’s Phi Kappa Psi fraternity have a strong enough defamation argument against Rolling Stone that the case should proceed to trial, an appeals court ruled Tuesday. The decision is a major blow to Rolling Stone‘s publisher, Jann Wenner and to Sabrina Rubin Erdely, the disgraced author of a now thoroughly debunked RS article about a gang rape on UVA’s campus. No one disputes that no such assault took place at Phi Psi. The question is whether Erdeley and her editors screwed up so colossally that the magazine can actually be held liable for defamation. And now, for a third time, a court has said, yes.
reason.com By Robby Soave
Monthly Archives: September 2017
Sandra Vasquez, Pitzer’s new Dean of Students, was cited in a court order for concealing evidence in a Title IX investigation at UCSB. Vasquez concealed two pieces of material evidence despite assuring the [accused] student that she had disclosed to him all information. Vasquez willfully denied the accused the opportunity to respond to all the evidence against him. The evidence turned out to be completely fabricated, but not before the accused student was punished with a suspension. In his ruling, Judge Thomas Anderle chastised Vasquez and her colleagues for violating the student’s due process rights and ordered the university to lift the suspension against him. This story demonstrates one of the fundamental reasons why Betsy DeVos is correct in seeking to overhaul the Obama Administration’s 2011 “Dear Colleague” letter.
dailywire.com By Elliot Hamilton
Nearly 60 Democratic legislators tweeted criticism of Education Secretary Betsy Devos’ speech, which advocated a fairer approach and more respect for due process in campus Title IX tribunals. The preferred adjectives included “terrible,” “despicable,” “insulting, “perverse,” “appalling,” “disgraceful,” “shameful,” and “dangerous. No congressional Democrat, in any way, praised her remarks, which insisted on the rights of both accusers and accused.
mindingthecampus.org By KC Johnson
A day after Education Secretary Betsy DeVos cited Matt Boermeester’s expulsion from USC as an example of a “failed system” for handling sexual assaults on college campuses, the former Trojans kicker lost a bid to return to school. Los Angeles County Superior Court Judge Amy D. Hogue stayed the expulsion Friday — but barred the man from enrolling in classes or coming within 100 yards of campus. “I have a hunch the order doesn’t make anybody happy,” Hogue said. Matt’s girlfriend, Zoe Katz issued a statement calling USC’s investigation “horrible and unjust” and has remained adamant in two declarations filed in court that she has “never been abused, assaulted or otherwise mistreated by Matt.”..This is a solution that attempts to cut the baby in half while killing the baby,” Matt’s attorney Mark Hathaway told the court.
latimes.com By Nathan Fenno
Two years ago, Miami University in Ohio, convicted one of its male students of sexual assault and banned him from the university. “John Nokes” as court documents refer to him, subsequently filed suit against the university, claiming he was denied his due process rights. A federal judge has now ruled in favor of his appeal. A week later, Education Secretary Betsy DeVos made a speech announcing the reversal of Obama-era changes to federal law regarding campus sexual assault. One would be hard-pressed to find a better illustration of the need for that reversal than how Miami University found John Nokes guilty of sexual assault. His is an appalling example of due process being suspended. Due process always counts and should never be suspended, for any higher purpose.
Two Nashville lawsuits reflect a new chapter in the debate over how colleges respond to sexual assault claims, echoing concerns over Title IX outlined this month by Betsy DeVos. At Belmont U. John Doe was cleared of sexual misconduct but later expelled for being “purposefully untruthful.” Doe’s lawsuit says the woman who accused him of assault was not similarly punished for being “the untruthful party.” And in May, a student identified in court papers as Z.J. sued Vanderbilt University saying he had been wrongfully accused of sexual assault. The Belmont and Vanderbilt lawsuits come in the midst of a sea change involving Title IX.
tennessean.com [SOS disagrees with Tennessean rape stats] CNN “Surveys that get you to one in five or one in four are highly misleading if not fraudulent.”
A male student who says he was falsely accused of sexual assault and kicked out of Northwestern University has filed suit against the university, asserting he was discriminated against by university administrators amid a biased investigative process designed only to side with a female accuser he said twisted a consensual sex act into a rape accusation. ‘John Doe’ is demanding Northwestern reverse its findings and expunge his record, allowing him to resume an academic journey that has been “shattered” by what he says were false accusations brought by a female student angry over a breakup.
For the first time, it looks as if women’s voices coming from an entirely different quarter may actually have had more influence on Education Secretary Betsy DeVos’ thinking and policies. Families Advocating for Campus Equality (FACE) was founded in 2013 by three mothers of sons who had been falsely accused of sexual misconduct at their respective colleges. FACE has built a formidable legal case and established itself as a serious political presence in the US. Earlier this year, representatives of FACE had a lengthy discussion in person with Betsy DeVos. The mothers who have banded together in FACE are part of a growing worldwide movement consisting of women speaking on behalf of men. On behalf of their sons, these women are demanding better treatment for boys in schools.
telegraph.co.uk By Neil Lyndon
A student who claims the University of Notre Dame wrongly expelled him in April- by conflating suicidal texts to a former romantic partner with “dating violence” – has found a sympathetic ear in federal court. In a motion for “partial summary judgment” last month, Doe sought relief based on “undisputed facts” that show the university violated his due process rights. The three-page letter requests that U.S. District Judge Philip Simon “hold as a matter of law that Notre Dame has breached its contract with Plaintiff.” The Catholic university’s chances of getting out of the lawsuit unscathed look questionable. It has met with attorneys for “John Doe” twice since July, in a “settlement conference.”
thecollegefix.com By Kayla Schierbecker
A week after U.S. Education Secretary Betsy DeVos announced a review of Obama-era guidelines on campus sexual assault, the California Legislature voted to enshrine the former president’s rules into state law. In 2011, the Obama administration established guidelines meant to spur more aggressive action against campus rape and harassment. DeVos has argued that policy does not properly protect the rights of the accused.
latimes.com By Melanie Mason