St. Scholastica is facing legal trouble for its alleged response to a sexual assault. John Doe the accused, filed a federal lawsuit claiming the school’s policies state that investigations of sexual misconduct are to be conducted by trained investigators. But Doe alleged those who investigated are experts in educational decisions, not allegations such as this. According to Doe, the woman threatened to press charges if he continued to fight for his rights. Doe claimed he reported this retaliation to the school, and that the school ignored him.
Monthly Archives: September 2017
The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations. In a speech today, Betsy DeVos decried “a system run amok,” “kangaroo courts” and repeatedly emphasized the plight of the accused. In an emotional address, DeVos told anecdotes about accused students contemplating, and committing, suicide. She mentioned a controversial case in which a University of Southern California football player was expelled for what his girlfriend says was merely “playful roughhousing.”
“Are you today rescinding the Obama administration guidelines?”…”Well, that’s the intention, and we’ve begun the process to do so,” DeVos responded. “And as I’ve said earlier, in all of this discussion, it really is a process not an event.” She reiterated, “But it is the intention to move beyond that and move towards a better way.
In a major speech assailing the deprivation of due process protections under the Obama administration, Education Secretary Betsy DeVos will vow to rein in the federal guidance compelling colleges to adjudicate sexual assault disputes between students.
reason.com By Robby Soave
In a 2012 resolution agreement with the OCR, Yale became the nation’s only university required to document all sexual assault allegations on campus. The university “uses a more expansive definition of sexual assault” and “assigns complaints to general categories such as ‘sexual assault’ that encompass broad ranges of behavior.” Only 3.7 percent (1 of 27) of Yale accusers who say they were sexually assaulted reported that offense to the police. All others went to the Title IX office. Title IX tribunals function as de facto substitutes for law enforcement and only heighten the importance of their failure to provide fair procedures.
mindingthecampus.org By KC Johnson
Four members of the Harvard Law School faculty have called on the U.S. Department of Education to revise the Obama Administration’s policies enforcing Title IX in matters of sexual harassment and sexual assault on college and university campuses. “Now is the time to build in respect for fairness and due process, academic freedom, and sexual autonomy.”
law.harvard.edu Scholars: Janet Halley, Jeannie Suk Gersen, Elizabeth Bartholet, and Nancy Gertner
“It feels like your entire world is crashing down around you.”
“It strips you of your future.”
“I attempted suicide.”
That’s how Jonathon Andrews, a former Hanover College student, describes the impact of being falsely accused of sexual assault in late November 2015. Andrews, 23, is fighting back as an advocate for the falsely accused. Perhaps now, more than ever, Andrews and others have Washington behind them in the person of Education Secretary Betsy DeVos.
cincinnati.com By Kate Murphy
Students in University System of Georgia institutions are getting more due-process protections in campus sexual-assault proceedings, following recent legislative attempts to protect the wrongly accused. In cases that could result in suspension or expulsion, colleges will have to notify the university system itself. Accused students will get written notice of the complaint and allegations and the right to remain silent “without an adverse inference resulting,” among other safeguards. Because “due process is the standard now,” Rep. Earl Ehrhart is convinced that “false allegations won’t have a place to survive.”
thecollegefix.com By Jorin Burkhart
This month, thousands of college students are heading back to school, but we wonder how many will be destroyed by biased Title IX sexual misconduct hearings. Accused college students are denied fundamental due process rights such as witnesses appearing on their behalf, the introduction of exculpatory evidence, and the ability to question or cross examine the accuser’s account. Equally troubling is that, with young lives hanging in the balance, attorneys are often barred from participating in university Title IX hearings. We need the Dept. of ED to issue regulations that give students access to consistent, clear, and transparent processes that provide fair and equal treatment to both parties and ensure impartiality in the investigation.
washingtonexaminer.com By C.D. Mock