A Worcester County resident expelled this year from Johnson & Wales University following allegations of sexual assault is suing the school, claiming that he was falsely found responsible by an unfair disciplinary process…In the lawsuit, John Doe claims that the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. The sexual encounters were consensual, he claims, alleging that ‘Mary Smith’ was pressured into reporting them as a sexual assault by her boyfriend — who also served as her advisor during the hearing.
masslive.com By Dan Glaun
Consent, Drinking, & Sex
If you hooked up, and she regrets it you lose. It’s about money and not your presumption of innocence. Get a lawyer fast.
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
“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
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
Liberty University and the accuser at the heart of three Title IX and defamation lawsuits have filed responses in court, denying the merits of the claims brought by three former Flames football players. In her legal response, the accuser denied having a sexual relationship with the men before the alleged assaults but acknowledged she communicated with and had sexual encounters with all three men in “an effort to take back control as a victim” in the months following the incident in August 2015.
UNC: Accuser & Lawyer Doctor Evidence. Hickeys Magically Turn 2 Bruises. Ruins Innocent-Accused Allen Artis
The secrecy of campus sexual-assault investigations and resolutions has kept outrageous examples of violated due process and kangaroo tribunals largely out of the news – until litigation gets filed and drags on. Ashe Schow has turned in a worthwhile deep dive into a single incident between a white female and black male at the University of North Carolina. What stands out in this case, is the school’s somewhat fair treatment of the black male – and the accuser’s blind pursuit of criminal charges and unfounded accusations against UNC when the evidence largely ran against her…Evidence that only favored her, it turns out, when her lawyer apparently altered it.
www.thecollegefix By Greg Piper
Dear Governor Brown,
I am a long time California resident, attorney and Co President of Families Advocating for Campus Equality (FACE), a nonprofit formed to provide support and advocacy to innocent students wrongfully suspended or expelled from their college and university campuses following Title IX disciplinary proceedings.
Today I am asking you please, please veto SB-169.
Do not stop reading because you think you know what I’m about to say, because you do not know the half of what I have seen, and how many times I have been brought to tears by the destruction the Title IX machine has left in its wake.
Most Americans would be stunned to learn how Title IX disciplinary processes are conducted on many campuses, and those who have learned cannot fathom that such Kafkaesque “trials” are allowed to occur in our country, land of the free and fair.
In the past three-plus years hundreds of students and some professors have contacted FACE after experiencing result-driven Title IX disciplinary processes in which school officials have: refused to disclose details of the conduct of which they’ve been accused; denied them access to the very same evidence relied on to find them responsible; refused them the opportunity to question their accusers and witnesses; relied on hearsay and other evidence inadmissible in any other adjudicatory arena; ignored their lack of harmful intent or good faith beliefs; and dispensed with any presumption that the student may actually be innocent.
Denied the protections which normally accompany the use of the required (under California law) preponderance standard of evidence, innocent students are routinely found “more likely than not” to have committed what, more often than not, is not a crime, but a technical violation of the school’s conduct code. For this they earn lengthy suspensions or expulsions.
Though FACE representatives met personally with the SB-169’s sponsor Sen. Jackson, the Senator refused to acknowledge or even consider that students most tragically affected by these one-sided proceedings are the underserved, minorities and scholarship students, most of whom have worked diligently to rise above the circumstances into which they were born.
When faced with Title IX investigations, these innocent students believed the advice, variations of which they’ve heard their entire lives, that they should “just tell the truth and you’ll be fine.”
Unfortunately, these young students – often just 18 or 19 years old – are blindsided by experienced campus attorneys and administrators who effectively act as their prosecutor, compiling evidence and testimony only to establish their guilt, while denying them access to an equivalently experienced advocate or attorney because their families do not have the resources to retain one. Imagine constructing your own defense at that age. The consequences of this David v. Goliath farce are students left with no opportunity to complete their education, loss of a promised career and significant loans to pay for a diploma they will never receive.
No wonder an African American mother told me that, to them, “it’s just more of the same.”
Perhaps even more tragically, the foundation on which these students have relied since childhood, the promise of a better future and their belief in the American sense of justice, is destroyed. Disturbingly, many attempt suicide, some successfully, many, many are hospitalized and most suffer significant life-long trauma, PTSD and anxiety. Some have psychotic breakdowns and, in at least one case, a California college student developed schizophrenia, documented to have occurred as a direct result of the traumatic Title IX process he endured at his college.
When will this stop?
When will our representatives realize the lives of our children are being lost, destroyed, permanently and irrevocably changed?
When will our legislators take off their political hats and, as human beings, open their eyes to see the resulting destruction of promising young, innocent lives, not only in California but across this entire country?
Governor Brown, will you be the hero who opens your eyes to help stop this madness?
Cynthia P Garrett
FACE Co President
San Diego, California
The Title IX Inquisition of today is largely the product of a small group of ideological feminists. The legal case against USC is complex and massive. There are at least nine lawsuits at the Superior Court level, all by male respondents who have contested the fairness of their sanctions. Much of the Title IX investigative/adjudicative power is concentrated in the hands of two highly biased individuals, Kegan Allee and Gretchen Means. The damage caused by their extremist politics is significant. Multiple star athletes have already been ruined by their Title IX policy…The enrollment rate for male students at USC has dropped down to ~45%, an unprecedented low, for 2016-17.
titleixforall.com By John Doe
Expert Carrie Lukas says college crime reports are difficult to examine due to differing definitions of rape, sexual assault. Most university reports adhere to the FBI Uniform Crime Reporting Statistics’ definition of rape, however, there are instances of administrations making revisions. These divergences and the subjectivity of the term “consent” can be misleading to the public. “We have to prioritize what is preventable and punishable. That means having an actual justice system responsible for investigating and prosecuting cases, and teaching young men and women to take more responsibility and take action that helps avoid bad outcomes.”
freebeacon.com By Rachel Frommer