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
Monthly Archives: September 2017
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.”
So you’re a thoughtful liberal and you have friends who voted for Trump – and you know for a fact that your friends are neither bigots nor buffoons. How could they feel so desperate, politically speaking, to cast their ballots for Trump? For a sense of the answer, look no further than Education Secretary Betsy DeVos’s announcement Thursday that her department would revisit the Obama administration’s Title IX guidelines on campus sexual assault. The guidelines, she said, had “failed too many students” by radically curtailing due process. She’s right.
nytimes.com By Bret Stephens
At many schools, the rules intended to protect victims of sexual assault mean students have lost their right to due process—and an accusation of wrongdoing can derail a person’s entire college education. Many remedies that have been pushed on campus are unjust to men, and ultimately undermine the legitimacy of the fight against sexual violence.
This is the first 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 second installment here.
theatlantic.com By Emily Yoffe
A second football player caught up in a Title IX investigation at Liberty University has sued the school, university spokesman Len Stevens, and the accuser who brought sexual assault allegations against him. Avery James, a former Flames defensive back, filed suit alleging violation of his Title IX rights by Liberty, two counts of defamation by LU, two counts of defamation against Stevens, and two counts of defamation against the former LU student athlete who accused him and two other football players of sexual assault related to an incident dating back to August 2015. James is seeking a total of $100.2 million in damages from the three defendants.
newsadvance.com By Josh Moody