A lawsuit facing the University and UT President Gregory Fenves argues that Fenves circumvented due process in suspending a male student accused of rape in a Title IX case. This case is one of many in recent years that addresses due process and Title IX sexual assault cases. In this case, the University hearing did not find enough evidence to punish the male student. However, when the case was appealed, Fenves determined the female student was incapacitated and therefore unable to give consent.
dailytexanonline.com By Will Clark
Monthly Archives: November 2017
“The problem hasn’t penetrated the public consciousness. People don’t know that a young man can be expelled from college without ever having received specific written notice of what he’s alleged to have done wrong.”…”I have not talked to a single young man who’s been through this who wasn’t suicidal, and you hear people say, ‘Well, if he’s a rapist, he should be suicidal.’ OK, but we don’t know he’s a rapist.”
reason.com By Robby Soave
Recently Biden criticized the Trump Administration and U.S. Secretary of Education Betsy DeVos for revisiting Title IX policies for sexual assault investigations on campus. But having represented more than 100 male students on campuses across the country, in both blue and red states, I have seen firsthand how wrongfully accused male students are being unfairly punished, with no opportunity to defend themselves. Recognizing the need to restore due process rights on college campuses, Secretary DeVos and the DoED announced major improvements to a broken system, including providing reasonable interim measures, eliminating double jeopardy, and requiring the consideration of exculpatory evidence. Unfortunately, her announcement was met with divisive political rhetoric and on-going protests.
www.nj.com By Andrew Miltenberg
Since 2011, the federal government has required all universities that receive federal money to provide “training or experience in handling complaints of sexual harassment and sexual violence” to adjudicators and investigators. It makes sense to train those who are assigned to investigate campus sexual-assault allegations, but the ideological regimes used on campuses are designed more to stack the deck against accused students than to ensure a fair inquiry. “The biggest problem with these training materials, is that if the accuser comes in, contradicts herself and the evidence, all that gets explained away because of ‘trauma.’ Junk science like that makes it extraordinarily hard for students to defend themselves effectively,” says Justin Dillon, a lawyer who has defended dozens of students accused of sexual assault.
weeklystandard.com By Johnson and Taylor
The nightmare: You are a male undergraduate. A female friend accuses you of raping her. Your university charges you with sexual assault. You figure the matter will be easily resolved, since your girlfriend and another friend were sitting nearby the entire time, and both will testify that there was no rape, no physical contact…You figured wrong. At your disciplinary hearing your university reached findings that contradicted the evidence and disregarded the testimony from your two eyewitnesses that no assault had occurred. You were found guilty, suspended and denied a college education for two years.
jewishjournal.com By Arthur Willner
Tulane University ignored the results of a polygraph test that cleared a student, gave no reasoning when it found him responsible for sexual misconduct and arbitrarily hiked his punishment, according to a new due-process lawsuit against the private New Orleans school.
thecollegefix.com By Jeremiah Poff
A jealous boyfriend convinced four female students to falsely accuse a graduating male of sexual misconduct years after the alleged behavior. According to the former student’s lawsuit “John Doe” accuses Hamilton College of changing its sexual-misconduct investigative procedures so drastically – that it effectively denied him due process and discriminated against him based on his gender. Doe’s complaint alleges Hamilton ignored his text-message evidence that the accusations were a setup. Doe was heavily sanctioned by the college 12 days before he was supposed to graduate.
thecollegefix.com By Jeremiah Poff
A New York Times article provided a view into the distressing fight that mothers take on to clear their sons who are accused of sexual assault on campus. The stories of these women provide a fresh reminder that Secretary of Education Betsy DeVos was right to rescind the Obama Administrations guidelines about combating campus sexual assault. Those guidelines eroded rights of accused students and led to a perverse environment on campuses. In many cases, the young men are cleared, but their lives can’t return to “normal” because assault allegations have damaged their name, reputation, and career and education prospects. iwf.org By P. L. Onwuka
The Massachusetts Senate has voted unanimously in favor of a bill that looks like it would kill due process for those accused of sexual misconduct on campuses. Due process for the accused was almost eliminated in 2011 by Obama’s Department of Education, but Trump’s Secretary of Education rescinded Obama’s anti-due process guidelines in Sept. 2017. In Massachusetts, a number of lawsuits filed by accused parties in response to their treatment at the hands of colleges have seen settlements. In a federal complaint involving Brandeis University, Judge Saylor ripped Brandeis administrators for “appearing to have substantially impaired, if not eliminated, an accused student’s right to a fair and impartial process.”…Last month Democratic CA Governor Jerry Brown vetoed a measure to codify Obama’s 2011 guidelines.
iwf.org By Charlotte Hays
Officials say an attempted sex assault reported to Michigan State University police didn’t actually happen. The accused were described to police as three black men, all wearing MSU clothing. But investigators now believe the report was false. Police made the determination based on interviews with witnesses and a review of surveillance footage.
usatoday.com By C. Haxel