While Know Your IX and FIRE disagree on several major points, the State Policy Playbook released by Know your IX demonstrates an understanding that the status quo is unfair for both accused students and complainants. The playbook recommends schools guarantee a number of rights for students that would leave them better protected against inaccurate findings of responsibility than they currently are at many institutions. And despite our several policy differences, it is refreshing to see a group whose mission centers on survivor advocacy also acknowledge that all students are disserved by the status quo and should be guaranteed certain basic rights in order to ensure a fair hearing.
thefire.org By Susan Kruth
On a factual basis, the Amherst case is one of the most egregious since the Obama administration implemented its policy in 2011. The lawsuit revealed documents that the public almost never gets to see, such as the full investigative file, the transcript of the disciplinary hearing and other material from the campus process. As laid out in the legal complaint and subsequent filings, the controversy over the investigation has focused mostly on a string of texts that the accuser sent the night of the incident. The texts suggest that she had initiated the sexual encounter and that she was in search of a “good lie” to avoid fallout for having hooked up with the accused student, her roommate’s boyfriend. After the judge expressed strong skepticism toward Amherst’s investigation, the two sides came to a settlement.
washingtonpost.com By KC Johnson
Pennsylvania State University knows that it’s supposed to “believe the survivor,” but a federal judge just told the public university it has to verify her claimed evidence… John Doe alleged that Penn State refused to require his accuser to provide a written statement with specific allegations throughout the nine-month investigation, preventing him from giving an informed defense. Because the outcome of the proceeding depended on “credibility-based determinations,” the university was wrong to block “almost all” of Doe’s 22 questions for Roe. Judge Brann had particular scorn for Katharina Matic the Title IX investigator.
A Drake University student who was expelled for sexual assault despite evidence he was the party assaulted, received a win in court when a judge refused to dismiss his lawsuit. His accuser admitted during Drake’s campus hearing that she sexually assaulted him, performing oral sex without his consent. Yet she was never punished, while he was expelled based on her accusation.
thefederalist.com By Ashe Schow
“Recently, Inside Higher Ed published a story regarding the University System of Georgia (USG) that contained significant misinformation about the USG’s Title IX and student conduct policies. As the Title IX Administrator for the University System of Georgia, here is my response to set the record straight regarding our commitment to campus safety and to ensure consistency and quality in student conduct investigations across the University System.” -Kimberly Ballard-Washington, associate vice chancellor USG
The sexual assault charges brought against former Cornell basketball forward Xavier Eaglin ’19 in March 2016 have been dismissed. Although Eaglin no longer faces criminal charges, he will not be able to return to Cornell. After his arrest, Eaglin was dismissed from the basketball team and banned from campus. He spent seven days in jail before he was bailed out by his parents and then returned home. “We are just thankful justice prevailed and that we can start repairing our lives,” said Eaglin’s mother Clara Eaglin.
cornellsun.com By Anna Delwiche
A former member of the Texas A&M University Corps of Cadets filed a federal Title IX lawsuit against the university, alleging A&M officials violated his due-process rights by showing a male gender bias. The suit claims that John Doe was wrongfully accused of sexual misconduct by a female member of the Corps of Cadets and that the Title IX investigative process took place while Doe was hospitalized for treatment of depression without giving him an adequate chance to defend himself.
wacotrib.com By T. Witherspoon
It is not often that the veil of university Title IX procedures is lifted, but when it is, as described in Zoe Katz’s heartfelt letter regarding her Orwellian experience at the University of Southern California, the public captures a glimpse of the dystopian inner workings of a system designed to “help” victims of sexual assault.
washingtonexaminer.com by Cynthia P. Garrett and Alison Scott
Mary Zolkowski, a Michigan college student was charged Monday after she falsely reported to campus police that she was attacked and raped. Police said she told them that the suspect was an acquaintance. Mary said she didn’t give consent because she was too intoxicated. She also refused a physical examination. Facts proved that this was a false college rape accusation and Zolkowski was arraigned for one count of false report of a felony.
nypost.com ByJackie Salo
Over the past six years, students who believe they were falsely accused of sexual assault have sued colleges. On average, United Educators and colleges ended up paying $187,000 per case. In 40 percent of the cases, institutions were out more than $200,000. In nearly 60 percent of the accused-student cases reviewed, at least one of the students involved had consumed alcohol.
chronicle.com By Sarah Brown