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
Monthly Archives: September 2017
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
A federal judge recently ordered the public university to let “John Nokes” back on campus, lift his punishments (save for a no-contact order) and not release his real name, as Nokes’ lawsuit against the public university continues. Miami University may be in a mood to settle, and not just because U.S. District Judge Michael Barrett shredded its adjudication procedures for failing the most basic rules of fairness – notably, the opportunity to cross-examine “adverse witnesses.” The university also has already drawn a warning from Barrett for violating the rules of his court
thecollegefix.com By Greg Piper
In the midst of a national controversy over US Department of Education Title IX directives, a federal judge recently ruled to allow a male student’s Title IX lawsuit against Case Western Reserve University (CWRU) to move forward. The plaintiff, John Doe, was a sophomore at CWRU when he was wrongfully accused of sexual misconduct and suspended for three years. CWRU failed to provide a fair and unbiased investigation of the encounter, resulting in the violation of Title IX and John Doe’s fourteenth amendment rights to due process. The university failed to avoid conflicts of interest by having one employee pursue both the investigation and adjudication of John Doe; this Title IX staffer had written her doctoral dissertation on “The Dangerous Reality: Sexual Risk Taking Among College Women.”
prnewswire.com Nesenoff and Miltenberg, LLP
Colgate University’s student population was 4.2 percent black in the 2013-2014 academic year. Fifty percent of the alleged sexual violations reported to the central New York university that year were against black males. They were 40 percent of the students “formally adjudicated.” Men of color- and especially foreign men of color, students from Africa and Asia- were uniquely defenseless when charged with sexual assault, typically lacking financial resources, a network of support, and an understanding of their rights.
Eighteen of the 48 Senate Democrats tweeted about Betsy DeVos’ Thursday Title IX speech. Each criticized the speech. None of the Democratic senators mentioned fairness, due process, or the presumption of innocence.
academicwonderland.com By KC Johnson
Assertions about how trauma physiologically impedes the ability to resist or coherently remember assault have greatly undermined defense against assault allegations. But science offers little support for these claims… Listen to the audio version of this article soundcloud.com: the-bad-science-behind-campus-response-emily-yoff:
theatlantic.com By Emily Yoffe This is the second story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the first installment here, and the third one here.
Kyle Carrington, a former Liberty University football player, has filed suit against LU, its spokesman Len Stevens and the accuser who made sexual assault allegations against him. Carrington joins former Flames Cameron Jackson and Avery James in suing Liberty, Stevens and the accuser in separate lawsuits related to the sexual assault claim and subsequent LU investigation. “Mr. Carrington’s primary goal is to clear his good name. He also desires to be properly compensated for the damage that has been done to his future and his reputation,” Rebecca Wetzel, Carrington’s attorney.
newsadvance.com By Josh Moody
DUE PROCESS Report: Universities Deny Fair Hearings. DO NOT Guarantee The Accused a Presumption of Innocence
According to a first-of-its-kind report from the Foundation for Individual Rights in Education, a new survey reveals that the overwhelming majority of America’s top universities fail to provide students accused of serious misconduct with the most basic elements of fair procedure. A shocking 85 percent of top institutions maintain policies that receive a D or F grade for due process protections. Nearly 74 percent of institutions don’t even presume a student innocent until proven guilty. “Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”