The lawsuit filed by Northwestern Title IX accuser “Nola Hartley” against best-selling author Laura Kipnis (Unwanted Advances) has attracted substantial attention. The Kipnis book looks primarily at four cases, and the second case which involved Ludlow and a graduate student in his department prompted the Title IX complaint against Kipnis and is also the subject of the lawsuit…Beyond the exaggerated claims, the baseline premise of the lawsuit is a chilling one: that while the Ph.D. student purportedly “takes no issue with [Kipnis’] choice to write on this topic,” Hartley, as a Title IX accuser, some of whose claims Northwestern accepted, should have a veto power over which “facts” Kipnis can present. This argument should raise grave concerns.
mindingthecampus.org By KC Johnson
On college campuses young men are treated to lectures and workshops that teach them their masculinity – an element at the very core of their identity – is dangerous, poisonous and even toxic…Discussions of sexual assault that assume a male perpetrator and a female victim, or the use of phrases like “Teach men not to rape,” constitute the gendering of a crime that is in fact committed by people of all genders…One of the goals of Title IX is to ensure that no student must endure a hostile educational environment based on sex discrimination. It’s hard to imagine a more hostile educational environment than one that characterizes the gender identity of a large number of [male] students as poisonous.
usatoday.com By Glenn Reynolds
When an overly-intoxicated girl showed up on the steps of the Alpha Epsilon Pi fraternity house during Orientation Week in 2015, the brothers’ first response was to help her. “We only brought her onto our porch because we decided she needed help and that turning her away would be immoral,” Johnson said. They never expected it would lead to a five-month long battle with the Office of Student Conduct about whether or not they had violated the University’s alcohol policy. “We were innocent by their own terms, and then they decided to throw out their terms,” said Todd Miller*, Pratt ‘16 and a senior member of AEPi at the time.
dukechronicle.com By Claire Ballentine
The Title IX compliance group that NCHERM endowed, the Association of Title IX Administrators, is offering to teach trigger-happy campus bureaucrats how to protect due process in campus adjudications. At its Title IX training and certification course next month, ATIXA is including a $1,499-per-person “due process track” that is open to anyone who is a “seasoned administrator.” It laughably claims to be “placing a renewed emphasis on due process,” rather than the more accurate “emphasis for the first time.” FIRE’s Samantha Harris has a good laugh at this turn of events, noting that FIRE will educate campus bureaucrats for free and that Sokolow once accused her group of “sticking up for penises everywhere.”
Last month, Patricia Hamill filed a lawsuit against the University of Notre Dame on behalf of “John Doe” alleging that Notre Dame unfairly expelled him just a few weeks before he was slated to take his last two finals and graduate. After filing his suit, Doe moved for a temporary restraining order and preliminary injunction permitting him to take his last two finals. Doe’s efforts were successful, and the court granted his preliminary injunction. Last week, Judge Simon ordered Notre Dame to administer Doe’s last two finals, minimizing the disruption to Doe’s education should his suit succeed. While Doe raised several claims in his complaint, the opinion only discusses Doe’s breach of contract claim. While the entire opinion is worth a read, particularly for due process litigators, I’d like to focus on two particular issues: the right to active counsel and a plaintiff’s choice of remedies.
thefire.org By Brynne Madway
Show me the money! Starting this fall, all incoming freshmen and transfers at the University of Maryland will have to undergo a bystander intervention training in person…And they’ll pay for the privilege of doing it. The university already added six new Title IX-related positions and the Title IX office budget jumped by more than half between its first and second year, reaching $1.01 million. Its director has called cross-examination in sexual-misconduct proceedings “harassment,” and she has previously admitted that extra funding for her office would not result in fewer rapes.
thecollegefix.com By Greg Piper
Laura Kipnis, the Northwestern University professor who faced down a Title IX investigation after writing an essay about sexual relationships between students and professors, is now being sued for defamation. The lawsuit contends that Kipnis’s book misrepresents ‘Jane Doe’ as “litigious.” But how is that a misrepresentation? Doe has used both the Title IX process, and a lawsuit, to adjudicate her dispute with Kipnis…There’s a sense in which this lawsuit actually proves the central ideas of Kipnis’s book – that sexual paranoia pervades the modern university campus, where messy relationships are treated like assault, women are presumed to lack agency when it comes to consent, and tribunals are seen as the solution to every dispute.
reason.com By Robby Soave
Two Michigan State University students ‘Nathan and Melanie’ began a consensual sexual tryst in the backseat of a car in 2014. A passerby interrupted them, and Melanie revealed that the incident brought up unpleasant memories of a previous abusive relationship. Later that night Nathan tried to resume the encounter, but stopped after she rejected him. Sixteen months later, Melanie who now identifies as a man – made a formal complaint to MSU officials for the “one-time, non-consensual touching.” Melanie cited being transgender as a key reason for coming forward, and claimed to fear encountering her ex-lover in the male bathrooms…“The so-called sexual harassment is not really sexual harassment. The breast touch occurred in the summer, off campus, the school was not in session, it had nothing to do with the school – Title IX does not require you to take cases when they don’t involve the school.” Deborah Gordon, Nathan’s attorney
foxnews.com By Hollie McKay
Researchers behind the 1-in-5 statistic explain how their results are misinterpreted. “Taking the 1-in-5 statistic and applying it universally, or using it politically, is a misleading representation. People have taken our work from previous studies and used 1-in-5 from it. They create statistics that they then want to use as if they’re a national average, or that this is the magnitude of the problem everywhere. We’ve never said that. But that’s how it gets used..Reductive, one-size-fits-all data leads to policies that might not help much.” Dr. Krebs.
weeklystandard.com By Alice B. Lloyd
A former student is suing Vanderbilt university alleging he was wrongfully expelled three days before his planned graduation a year ago. The plaintiff “Z.J.” alleges that Vanderbilt officials violated his rights of due process and equal protection after he was accused of sexual assault by a female student. The university’s investigation found Z.J. at fault and expelled him; an internal appeals board upheld the findings and expulsion. ZJ’s lawsuit claims the investigation was biased, that the alleged victim’s testimony was inconsistent, and that the spotlight on the administration following the much-publicized rape trials might have affected the university’s decision to expel him. ZJ is seeking $10 million in damages, in addition to an expungement of the assault, an admission of fault by the school and a conferring of the plaintiff’s degree.
nashvillescene.com By Cari Wade Gervin