U.S. Education Secretary Betsy DeVos is beginning to assess campus sexual harassment and assault practices put in place by the Obama administration, policies which many claim violate the due process rights of accused persons… DeVos met with Georgia state Rep. Earl Ehrhart, who has sued the federal education department over the 2011 guidance which, he says, is “unconstitutional,” citing a lack of due process for the accused. “You cannot make a law just because you’re some bureaucrat that lives in a hole in Washington, D.C., and you have a whim,” Ehrhart said. “When you accuse someone of a crime, a heinous crime, or when you threaten their entire life and career and everything else and threaten to take that away, then it rises to the level of this type of due process,”
breitbart.com By Dr. Susan Berry
The American Council on Education, an organization of 1,600 college presidents, has called the Department of Education’s Office for Civil Rights a “Star Chamber” that railroads colleges unfortunate enough to come under Title IX investigation. The results of a new survey by insurance group United Educators show just how expensive OCR’s threats and bias in favor of accusers have been for colleges. They have lost $60 million responding to sexual-assault allegations over 10 years, and the average cost of an accuser’s claim is $342,000, according to United Educators’ new Title IX risk management service, Canopy Programs.
There is a strange fiction that dominates American college campuses. It is the belief that America’s most “tolerant,” progressive, and sensitive communities are simultaneously virtual hellholes for marginalized members of the community, justifying emergency extra-constitutional measures designed to end oppression and defend the defenseless. Thus, the federal government hypes false statistics that a staggering 20 percent of female students will be victims of sexual assault. Thus, campuses implement disciplinary practices and policies that deny due process and treat straight men as guilty until proven innocent. And, colleges claim, it’s all necessary. After all, rape and sexual harassment represent life-changing traumas. False accusations and unjust punishment? Well, that’s just a momentary inconvenience – a small price to pay for the cause of social justice… Tell that to the family of Thomas Klocke, a student at the University of Texas at Arlington.
A male senior student at Cornell University has filed a Title IX lawsuit against the university, a Cornell Title IX investigator and Interim Judicial Administrator Jody Kunk-Czaplicki. The lawsuit states the university wrongfully suspended him and intentionally inflicted a flawed Title IX investigation process that denied him the right to a hearing and due process. Additionally, the lawsuit claims the university refused to investigate the male student’s own accusations of sexual misconduct and physical assault against a female student.
ithacajournal.com By Matt Steecker
Rolling Stone has settled with former University of Virginia dean Nicole Eramo over the magazine’s portrayal of her in a since-debunked story about a gang-rape that never happened. Rolling Stone and the author (Sabrina Erdely) still face a lawsuit from the fraternity maligned in the article, whose U.Va. house was vandalized and protested after the article was published. The woman who made the false accusation was recently ordered to comply with that lawsuit.
watchdog.org By Ashe Schow
Close examination of court records shows how the mandates and procedures from Obama’s government amount to a de facto presumption of guilt. It also shows that colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased…In 2015, Brown University broadened its definition to treat as sexual assault any “manipulation” that is followed by sex. The school then disciplined a male student for having violated this provision in 2014. As judge, William Smith, observed in 2016, the vague provision could make a rapist of a male student who gave flowers to a female student before the two students had consensual sex…Western New England University found a student guilty of violating a new “affirmative consent” rule – which defines anything other than “a clear, knowing and voluntary consent to any sexual activity” as equivalent to a “no” – that the school had adopted six weeks after his alleged misconduct…an Oregon judge found that the University of Oregon had denied an accused student -who had passed four polygraph tests -a chance to counter the school’s claim that inconsistencies in his accuser’s story had resulted from trauma.
winonadailynews.com By KC Johnson and Stuart Taylor Jr.
A recently released Duke University sexual assault survey suggests female students at the prestigious university are raped at a higher rate than in America’s most dangerous city. U.S. News & World Report lists Duke as having 6,639 undergraduate students. That would mean approximately 520 undergraduate female students can say they have been raped since enrolling. America’s most dangerous city St. Louis, which has a population of more than 300,000, had 551 rapes reported in 2015 and 2016… Duke’s survey defines sexual assault as “any unwanted, nonconsensual sexual contact” and includes both sexual battery and rape in the definition which also combines unwanted touching and forced sexual assault “as if the severity of the offenses were the same.” [At some point parents will wake up and stop sending their sons to Duke.-SOS]
thecollegefix.com By Nathan Rubbelke 10 Years Later The legacy of the Duke Lacrosse Scandal
A former Columbia University student, Paul Nungesser, who is suing his alma mater for failing to stop his accuser from publicly harassing him has lost in court a second time. “From the outset of this case, Judge Woods has been decidedly closed-minded to Paul Nungesser’s claims,” Miltenberg said. “Based upon that, we are not surprised with Judge Woods’ decision dismissing the second amended complaint. Still, we are exceptionally disappointed; Paul is a real victim, and the 100 page complaint is very detailed and clearly sets forth substantial claims including violations of Title IX, basic principles of equity and beyond.” Paul’s parents released their own statement regarding the decision: “We are disappointed but we are looking forward to bringing the case to the U.S. Court of Appeals for the Second Circuit. If Judge Woods’ decision stands, an acquittal at a university hearing is utterly pointless, since it would allow university sponsored defamation and public harassment of innocent students.”
Important Lawsuit Seeks to Hold College Accountable for its Unfair and Harmful Disciplinary Action Filed on April 4, 2017
When a college student is accused of misconduct, he or she is entitled to a fair investigation, and if a disciplinary hearing is warranted, a fair proceeding. When such a student is denied a fair review and hearing of serious misconduct allegations, the consequences may be life altering and devastating.
Far too often, college administrators who receive complaints of misconduct pre-judge guilt based on stereotypes that arise merely from the type of allegations that are made, regardless of the facts. Charged with an obligation to swiftly and harshly punish misconduct, they often decide the “case” without a real investigation, evidence or a hearing of any kind. And when they do so, they do so quickly, arbitrarily punishing the accused students on an interim and permanent basis. The range of punishments routinely doled out in such circumstances often includes expulsions or suspensions, and an obligation on the part of the accused student to report the fact that he or she suffered severe punishment for a disciplinary violation. When applying to graduate school or for employment a report of these disciplinary sanctions on the accused student’s record more often than not, destroys their candidacy for admission or the hiring they seek.
In many unfair disciplinary cases, the college officials in question circumvent established, mandatory disciplinary policies and procedures that are published by the college for the purpose of ensuring fairness. The only way this type of unfairness and the devastation it causes can be corrected, is through legal action. Legal action that holds accountable those colleges who punish students unfairly and unlawfully will serve as a reminder to all colleges that they must protect the rights of complaining students, and accused students, and ensure that fairness always prevails.
On April 4, 2017, Chaiken & Chaiken, P.C. , joined by Friedman, Suder & Cooke, P.C. filed a lawsuit against the University of Texas at Arlington (UTA), alleging that school officials unfairly mishandled a student’s misconduct complaint against another student, and ignored the rights of the accused student to a fair review and response to the allegations against him. The lawsuit charges that despite knowing the matter involved Title IX issues, the two UTA officials handling the complaint circumvented UTA’s mandatory Title IX investigation and hearing procedures. These mandatory procedures require a fair and impartial investigation by a Title IX investigator, and a hearing before a neutral hearing officer.
The lawsuit further charges that upon circumventing these mandatory procedures, the same two UTA officials severely punished the accused student on an immediate, interim basis, without conducting a proper investigation. Ultimately, a few days after the complaint was made, and again without a proper investigation, they chose to punish him on a permanent basis. Inexplicably, they did so despite acknowledging in emails to each other that there was no evidence to support the allegations against him, or the punishment they meted out, nevertheless. Tragically, the embarrassment, stress, mental anguish and damage to reputation suffered by the accused young man, and the fear that this unfair disciplinary sanction would prevent him from attending graduate school or finding a job, caused him to take his own life.
This important case serves to remind us that fairness in disciplinary proceedings on college campuses is not a given, even when the colleges’ policies and procedures say otherwise. Those who are accused of misconduct on campus find themselves in the midst of a true legal crisis with devastating potential consequences, if they do not navigate the intricacies of campus disciplinary procedures in a manner that invokes their rights to fairness. Only when students and their families understand this reality, and the need to take specific action to invoke the rights that are designed to protect fairness in campus misconduct cases, can tragic consequences be avoided.
This case report and complaint was sent to Alice from Attorney Kenneth Chaiken.
Thank you for bringing this terrible injustice of an innocent life now gone to my attention. For inquiries about this case contact: Kenneth Chaiken 214/722-9494
A University of North Carolina football player was falsely accused by Delaney Robinson last year. An attorney for Allen Artis the athlete, says the university’s Title IX compliance coordinator found no violation of the school’s sexual misconduct policy after conducting a thorough investigation.