The Obama administration twice rewrote federal rules governing how allegations must be handled at colleges. In particular, since 2011, when DoED reinterpreted Title IX to require that sexual assault cases be judged by a “preponderance of the evidence” -a lower burden of proof than is used in criminal cases -more than 100 accused students have sued their schools. In most of these recent cases the colleges have lost, as they should have. Colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased. The vast majority of schools we studied now use procedures that stack the deck against accused students. Recent cases can be divided into two groups. In the first are colleges that considerably broadened the definition of sexual assault. The second group includes schools that violated their procedures, which were unfair to begin with.
latimes.com By KC Johnson and Stuart Taylor
CAMPUS RAPE FRENZY
Articles related to KC Johnson & Stuart Taylor”s book: The Campus Rape Frenzy: The Attack on Due Process at America’s Universities
No matter who Trump nominates, the key task for the next OCR head to do is to reverse its intrusion into campus discipline procedures for students accused of sexual assault. The toxic effects of that intrusion are the subject of a recent book by Johnson and Taylor. In The Campus Rape Frenzy: The Attack on Due Process at America’s Universities, the authors give a detailed account of the damage wrought by OCR’s “guidance” to colleges. One of the most startling points the authors make is that the use of OCR methods actually undermines an important element of the justice system—Miranda rights. That is because OCR encourages schools to share evidence they’ve obtained without the presence of an attorney with the police, who can then use it if they press charges. “The major effect of this policy,” write the authors, is “an end-run around the accused’s constitutional right not to be subjected to custodial questioning by police without lawyers.”
jamesgmartin.center By George Leef
“Procedures that most colleges and universities use in sexual assault cases are so structurally unfair to accused students- it calls into question the schools’ commitment to pursuing the truth.” “The lower threshold as articulated in guidance in 2011 by the Office for Civil Rights provides the foundation for a likely outcome of responsibility”… “It’s not about finding the truth, or administering justice. The purpose of the guidance is to make it more likely that accused students are found responsible, whether or not they have done anything wrong.” Excerpts from ‘The Campus Rape Frenzy: Attack on Due Process at American Universities’
washingtonpost.com By Johnson and Taylor
With the NY Times setting the tone, the mainstream media have presented a misleading picture of almost every aspect of the campus sexual assault problem. The coverage has three critical flaws. The first is the “believe-the-survivor” dogma, which presumes the guilt of accused students. Second, journalists have embraced without skepticism or context surveys purporting to show that 20 percent of female college students are sexually assaulted-Third, media coverage of alleged sexual assault on college campuses fails to report in any meaningful way the actual procedures that colleges employ in sexual assault cases… SOS requests that NY Times speak with FACE and write an honest story about those accused.
The U.S. legal system operates on the theory that the accused is innocent until proven guilty. But Stuart Taylor argues that, when it comes to sexual assault allegations, college campuses are turning the American justice system on its ear and declaring young men guilty based on accusations alone.
What do campuses say is sexual assault? 2:26
What if the man and the woman are both intoxicated? 6:08
“Pressure from government to hand down guilty verdicts” 7:08
What happens if you question the campus orthodoxy? 8:35
“What we oppose is presumption of guilt” 10:52
“There is no rape culture” 11:51
“Campus rape activists do not take rape statistics seriously” 14:55
“What is it like to be falsely accused?” 15:32
Activists admit that their methods don’t work 19:22
“Activists say it’s better to presume guilt” 19:59
How does the media deal with campus rape claims? 24:01
Mattress girl 27:12
What happened to due process? 28:17
The roots of campus rape hysteria 33:21
“Is there a way out of the false campus rape narrative?” 35:21
Many parents have no idea what is happening to our young men on college campuses today, the innocent are being falsely accused, and families are being destroyed. At the heart of the problem is a legal system that has created broad definitions, weakened due process, and removed the presumption of innocence. Attorney Cynthia Garrett, Co-President of Families Advocating for Campus Equality (FACE), and Board President of Stop Abusive and Violent Environments (SAVE) describes the devastating impact that the 2011 “Dear College” policy has had on young men who have been falsely accused of sexual misconduct
politichicks.com By Sonya Sasser
A decade ago, after we wrote a book on the Duke lacrosse case, we assumed that universities and the media would see events in Durham as a reminder of why fair procedures matter-universities especially need procedures that will safeguard against the passions of the mob. The past few years however, have witnessed the emergence of an even more one-sided campus atmosphere. The system currently in place at colleges and universities runs far too great a risk of innocent students being found guilty. A recent study from UCLA’s John Villasenor estimated that as many as 1 in 3 innocent students suffer this fate.
washingtonpost.com By KC Johnson and Stuart Taylor
A “rape culture” does not pervade our campuses. Nevertheless, our universities have curtailed basic civil liberties and perpetrated gross miscarriages of justice. Those who doubt due process has been degraded in college disciplinary proceedings should read “The Campus Rape Frenzy: The Attack on Due Process at America’s Universities” by KC Johnson and Stuart Taylor, Jr. The authors of the indispensable “Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case” have once again performed an outstanding public service. In tale after harrowing tale, they expose “a system on our nation’s campuses in which accused students effectively have to prove their innocence, often under procedures that deny them any meaningful opportunity to do so.”
realclearpolitics.com By Peter Berkowitz