Senior “John Doe” won a preliminary injunction against the school Monday, ensuring that he will be able to complete his final exams this semester. When asked at the preliminary injunction hearing why an attorney is not allowed to participate in the hearing, a university official said it’s because the proceedings are “educational.” According to a federal judge that just ruled against the university, being thrown out of school, not being permitted to graduate and forfeiting a semester’s worth of tuition is “punishment“ in any reasonable sense of that term. Most importantly, the judge wrote: “The public has an interest in fundamentally fair and sound educational discipline that is not imposed arbitrarily or capriciously.”
thecollegefix.com By Greg Piper
In recent years, critics of the Obama administration’s approach to sexual assault reporting have charged that colleges are denying the rights of the accused. Two lawsuits – one involving Thomas Klocke an accused student who committed suicide, and another about a Cornell student’s attempt – have added fire to the continued debate over how colleges handle complaints of sexual assault. These two cases have been held up as examples of a flawed system that some say should require colleges to rely on a higher standard of evidence in investigating and punishing students for sexual assault.
insidehighered.com By Jeremy Bauer-Wolf
“Accidents happen—that’s why we have emergency contraception, also known as the morning-after pill.” Planned Parenthood website.
Well, regret happens, too. Regret does not equal rape. That’s precisely why falsely accused students need the protection of a “Morning-After Bill.”
The Morning-After Bill will help ensure a night of consensual sex, followed by next day regret of the once-willing partner, will not amount to a false accusation charge of rape in attempt to rid oneself of regret, embarrassment and a host of other feelings. Unlike the Morning-After Pill, a person can’t “un-do” the sex they had the night before by blaming someone for their once-willing behavior. The Morning-After Bill will help ensure regret does not equal rape and guarantee due process is granted to both parties. To young college women, I implore you, do not blame someone else for your actions that at one time were exactly what you wanted.
dailycaller.com By Renee Jolly, A concerned parent speaking out
Rice’s lawyers say a Lee County grand jury has declined to indict former Auburn tight end Landon Rice on a rape charge.. Incredibly, Auburn’s Title IX office determined otherwise…Rice’s lawyers say he “passed a polygraph test that specifically asked whether he had ever forced his accuser to have sex in any manner, whether all their encounters had been consensual, and whether he’d ever forced her to have sex after she refused. “Those conducting the Title IX inquiry refused to consider the polygraph results. The untrained individuals who investigated this charge did not provide Landon a hearing, did not permit cross-examination of the accuser or witnesses, and totally disregarded serious contradictions in the most relevant testimony.” In contrast, a criminal grand jury found no probable cause (a lower standard than that used by the Title IX office at Auburn) for any criminal charge against Landon after hearing testimony from both Landon and his accuser. Landon has never been charged or arrested for any crime.
www.al.com By James Crepea
John Doe has settled with Lynn University after he was suspended for a year over a sexual assault accusation that local police ultimately determined was “unfounded.” Police deemed the female’s accusation “unfounded”after viewing campus video surveillance that showed the accuser right before and after her encounter with Doe- walking normally and talking to friends. Within 30 minutes of her encounter with Doe, she was seen holding two cups of liquid from the dining hall, and balancing on one foot and pushing the elevator door button with the other. Footage from just after the encounter showed the accuser with her arms around two other men, laughing and smiling. Again, she used her foot to kick the elevator door button….The accuser made statements suggesting she was not raped and said her friends “encouraged her” to report, as did her parents. Despite clear evidence indicating no rape occurred, Lynn University still suspended Doe for one year.
TheFederalist.com By Ashe Schow
Since 2011 more than 150 lawsuits have been filed against colleges and universities involving claims of due-process violations during the course of Title IX investigations and proceedings related to sex-assault allegations. For the young men who file the suits, the civil courts offer a last chance for justice and an opportunity to clear their names. “One day all of your dreams are in front of you and you’re on a path and a trajectory for you to achieve those dreams – only then for it to be yanked from you, totally out of your control,” Grant Neal said. “Basically, every day is a struggle to continue to go on and go forward,” but Neal said he is resolved to continue. “I’m willing to fight to the end and do whatever it takes to seek justice,” he said. “I have nothing to hide. I have no shame.”
washingtonpost.com By T. Rees Shapiro Innocent Accused Grant Neal’s Lawsuit Against DoED
Attorneys for Occidental’s John Doe recently filed ‘Petitioner’s Opening Brief in Support of Petition for Writ of Mandamus’ in L.A Superior Court. Doe was expelled from Occidental College in 2013 following a TIX accusation/hearing of sexual misconduct. John Doe’s Opening Brief exposes the dirty little secret of Title IX tribunals and his exhibits provide insight into Jane Roe’s statements during the investigation process versus her statements at the TIX hearing. Also revealing are the 42 questions that John Doe prepared for his TIX hearing. Many were not asked by the seemingly biased TIX adjudicator. For inquires contact Doe’s attorney, Mark Hathaway 213-688-0460.
A new book on the controversies surrounding sexual assault on campus strongly challenge Andrea Pino’s credibility. Pino attended UNC Chapel Hill and has been hailed as a heroine of the campus sexual assault survivors’ movement. The Campus Rape Frenzy, by Brooklyn College history professor K.C. Johnson and National Journal contributing editor Stuart Taylor, takes a critical look at claims of an epidemic of sexual violence against college women and at the current Title IX system’s presumption of guilt toward accused students. It also describes Pino’s complaint against UNC as “the highest-profile questionable Title IX claim.” The question of Pino’s truthfulness is important, given her status as a central figure in the narrative of a “rape culture” pervasive at American universities. It is also relevant to another issue discussed by Johnson and Taylor: The media’s tendency to suspend normal journalistic skepticism when it comes to (alleged) sexual assault survivors.
heatst.com By Cathy Young
An administrative review has upheld UNC-Chapel Hill’s investigative finding that there was no violation by a suspended UNC football player accused of sexual assault. In a short statement Friday, Kerry Sutton, the attorney who represents Allen Artis, said the university’s original finding had been affirmed by Gena Carter, an administrative reviewer chosen by the university.
newsobserver.com By Jane Stancill
San Diego State University has agreed to pay $10,000 and take other steps to settle a lawsuit filed by a former student who said he was suspended and wrongly accused of sexual assault. Besides the monetary award, the settlement states three employees would be sent to a Civil Rights Investigator Training and Certification course. Attorney Lombardo, who represented Sousa in his first lawsuit against SDSU, said the request for training was an attempt to prevent others from being wrongly accused. “If they’re going to identify an offender, they need to do it in a measured, thoughtful and methodical way,” he said. Sousa said he did not seek a large monetary settlement because he did not want taxpayers burdened with the cost. “No amount of money can compensate for what I went through,” he said. “My main objective was to vindicate my name.”