Brock Turner, who was found guilty of sexually assaulting a female is applying for an appeal. His lawyers called the initial trial “a detailed and lengthy set of lies.” Turner’s legal adviser, John Tompkins said they are appealing because the facts do not reflect the verdict. In the 172-page appeal, Turner’s legal team claims that they were at a disadvantage for three reasons: The jury did not get a lot of evidence that represented Turner’s character; The jury was not allowed to consider a lesser offense; The jury was subjected to “extensive ‘behind-the-dumpster’ propaganda.”
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.
The Education Department’s civil rights unit recently determined that Catholic University failed to uphold the rights of an accused male student, in violation of the anti-discrimination law known as Title IX. The report from the Office for Civil Rights is the result of a four year investigation into an incident that involved two students, alcohol and a dispute over sexual consent…The Trump administration has declared a shift in federal guidance on Title IX, saying it wants to work more closely with colleges to ensure the due-process rights of all students -including the accused – are protected in sexual violence cases.
washingtonpost.com By Nick Anderson
Great news. Innocent John Doe will return to the University of Texas. Doe’s finding of innocence by the hearing examiner in February stands and the Univ. of Texas can attempt no further appeals.Read plaintiff’s response to UT’s motion to dismiss the due process hearing A settlement was reached after 45 minutes of closed-door negotiations that has spared UT President Gregory L. Fenves from having to testify about the school’s [biased] sexual misconduct policy. Brian Roark, a lawyer for Doe, told reporters that the student’s reinstatement last week by the university will remain in effect and that there will be no further review of the matter by the school. UT agreed to drop its plan to turn the matter over to an unnamed third party.
statesman.com By Autullo and Haurwitz
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
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