Just as affirmative consent standards are proliferating at campuses across the country, a Tennessee state judge issued a ruling that casts doubts on their legality… Critics of affirmative consent have long argued that this standard perverts due process by essentially requiring the accused person prove that he is innocent. McCoy’s ruling is a full-throated endorsement of this reasoning. www.the-american-interest.com
Court Rulings & Settlements
The case is being watched nationally as concern has grown that the intensified crackdown on campus sexual assault over the last few years has at times skewed too far against those accused.
www.latimes.com By Teresa Watanabe
“My only wish in this world was to be a USC Trojan and to be successful while being a student athlete at one of the finest institutions in the world. I did not know it could all end by having a false allegation thrown at me.”
www.washingtonexaminer.com By Ashe Schow
“Plaintiff’s allegations, taken as true, suggest that W&L’s disciplinary procedures, at least when it comes to charges of sexual misconduct, amount to ‘a practice of railroading accused students,’” stated the judge, citing precedent.
thecollegefix.com By Julianne Stanford
The University of Tennessee shifted the burden of proof and violated the rights of accused student Corey Mock.
reason.com By Robby Soave
…the court stated in no uncertain terms that public university students have constitutionally protected due process rights that universities must take into account.
www.thefire.org By Samantha Harris
A California court has ruled that UCSD acted improperly by using a deeply flawed system to adjudicate a sexual assault allegation and sanctioning the accused based on a process that violated his rights.
www.thefire.org By Joseph Cohn
“Our client’s integrity is intact, his transcript is clean and he will now be able to move on with his life without Jane Doe’s false allegations holding him back,” said Kimberly Lau
www.coloradodaily.com By Sarah Kuta
Winston’s attorneys have maintained for months that their client was falsely accused and that the sexual encounter that night was consensual.
www.usatoday.com By Rachel Axon
A student at Keene State College reported she was sexually assaulted, but now police say it was all made up.