How university and college administrations have dealt with campus sexual misconduct charges has become one of the most volatile issues in higher education, with many women saying higher education leaders have not taken their trauma seriously. But the Obama administration’s response sparked a backlash, not just from the accused and their families but from well-regarded law school professors who say new rules went too far.
nytimes.com By E. Green and S. Stolberg
Nungesser’s suit charged that the University failed to protect him from-and even encouraged-sustained protest by Sulkowicz, which Nungesser initially argued was a violation of Title IX. The University announced that it had settled the suit in a conciliatory statement which reaffirmed that Columbia’s investigation had found Nungesser not responsible and expressed regret that his time after the investigation was “very difficult for him and not what Columbia would want any of its students to experience.”
columbiaspectator.com By Aaron Holmes
Why isn’t Title IX being deployed to correct the educational disparity facing young men? In America’s high schools, girls outnumber boys in almost all extracurricular activities except sports. Currently, there are over 1 million more boys playing scholastic sports than girls. Thanks to terrible legal precedents set by politically motivated judges, schools must rely on a regulatory standard that is a gender quota to prove Title IX compliance if they want to prevail against expensive litigation. The result of this twisted interpretation of Title IX is that high school administrators will be forced to deny many male students the educational benefits of participation in sports in order to enforce an arbitrary gender balance in their athletic programs.
washingtonexaminer.com By Eric Pearson
Allegheny College recently settled the federal civil-rights lawsuit brought by “John Doe”…Doe alleged that Allegheny consistently kept him in the dark throughout the 2015 proceeding. “Allegheny engaged in a pattern of conduct and employed methods, including arbitrary deadlines, unreasonable notice, and unfairly withholding information, which violated its own policies, all of which denied John a meaningful opportunity to defend himself against Jane’s false claim,” and gave him no “meaningful appeal” of his expulsion, the most severe sanction a college can impose.
‘Jane Roe’ initiated sexual activity with ‘John Doe’. Roe told Doe she had hooked up with men from other fraternities and she “repeatedly” affirmed she wanted to have sex with him. Roe brought Doe to climax with her hand, and put her phone number in his phone. But 10 days later she accused Doe claiming she didn’t remember much about that night and couldn’t have consented because of the “significant amount of alcohol” she consumed. Even though witnesses said Roe did not show signs of incapacitation, Doe should have known she was “incapacitated.” John Doe was found responsible for violating the school’s sexual violence policy and was suspended and physically blocked from campus for three years. According to the lawsuit, UC-Berkeley’s Title IX process is riddled with “structural error.”
thecollegefix.com By Devyn Deeter
A University of North Georgia student is in jail after she made up a story that she was raped during an evening run, the sheriff’s office said. Cellphone logs and video surveillance showed Lim “had falsely reported that she had been raped on the Reservoir Trail and further indicated she was never at or on the Reservoir Trail during the time she alleged the crime had occurred,” according to the sheriff’s office.
Rolling Stone has settled a lawsuit with the University of Virginia fraternity whose members were falsely accused in 2014. After several years of legal upheaval the magazine is putting an end to its battle with the fraternity by agreeing to pay the group $1.65 million to settle a defamation lawsuit,
dailycaller.com By Chuck Ross
nbcnews.com By Ali and AP
Sherry Warner Seefeld’s son was found to be innocent after being accused of sexual assault. The woman who accused her son was charged with lying to police. It took more than a year before before his school, the University of North Dakota, agreed to let him back on campus…Now she’s on a mission to help other families in that same “horrific” spot, as the co-founder and president of Families Advocating for Campus Equality (FACE), a support group for the accused.
startribune.com By Maura Lerner
A University of Dayton student referred to in court documents as John Doe alleges he was wrongfully suspended for two years following a night of consensual sexual activity with a fellow student and athletic trainer. Like so many other young men on college campuses, John was put through the wringer. Without the ability to properly defend himself, John was suspended from the university for two years and lost his appeal. He is now suing the accuser on two counts of defamation and suing Dayton for breach of contract and violating his rights under Title IX to be free from sex discrimination. In a move I have not seen before, John is also suing the National Center for Higher Education Risk Management (NCHERM), a consulting firm that charges colleges big bucks to teach them how to implement adjudication policies that have led to many lawsuits from accused students. It’s not clear how much Dayton has paid NCHERM, but the group held a conference in 2011 that cost $2,500 a head and netted $425,000. One of the investigators Dayton hired for this case was Dr. Daniel C. Swinton, who worked for NCHERM. He went to Ohio to conduct the investigation. John alleges NCHERM was a third party to his injustice and is suing them for breach of contract, promissory estoppel, and negligence.
thefederalist.com By Ashe Schow