Eighteen of the 48 Senate Democrats tweeted about Betsy DeVos’ Thursday Title IX speech. Each criticized the speech. None of the Democratic senators mentioned fairness, due process, or the presumption of innocence.
academicwonderland.com By KC Johnson
Assertions about how trauma physiologically impedes the ability to resist or coherently remember assault have greatly undermined defense against assault allegations. But science offers little support for these claims… Listen to the audio version of this article soundcloud.com: the-bad-science-behind-campus-response-emily-yoff:
theatlantic.com By Emily Yoffe This is the second story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the first installment here, and the third one here.
Kyle Carrington, a former Liberty University football player, has filed suit against LU, its spokesman Len Stevens and the accuser who made sexual assault allegations against him. Carrington joins former Flames Cameron Jackson and Avery James in suing Liberty, Stevens and the accuser in separate lawsuits related to the sexual assault claim and subsequent LU investigation. “Mr. Carrington’s primary goal is to clear his good name. He also desires to be properly compensated for the damage that has been done to his future and his reputation,” Rebecca Wetzel, Carrington’s attorney.
newsadvance.com By Josh Moody
DUE PROCESS Report: Universities Deny Fair Hearings. DO NOT Guarantee The Accused a Presumption of Innocence
According to a first-of-its-kind report from the Foundation for Individual Rights in Education, a new survey reveals that the overwhelming majority of America’s top universities fail to provide students accused of serious misconduct with the most basic elements of fair procedure. A shocking 85 percent of top institutions maintain policies that receive a D or F grade for due process protections. Nearly 74 percent of institutions don’t even presume a student innocent until proven guilty. “Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”
So you’re a thoughtful liberal and you have friends who voted for Trump – and you know for a fact that your friends are neither bigots nor buffoons. How could they feel so desperate, politically speaking, to cast their ballots for Trump? For a sense of the answer, look no further than Education Secretary Betsy DeVos’s announcement Thursday that her department would revisit the Obama administration’s Title IX guidelines on campus sexual assault. The guidelines, she said, had “failed too many students” by radically curtailing due process. She’s right.
nytimes.com By Bret Stephens
At many schools, the rules intended to protect victims of sexual assault mean students have lost their right to due process—and an accusation of wrongdoing can derail a person’s entire college education. Many remedies that have been pushed on campus are unjust to men, and ultimately undermine the legitimacy of the fight against sexual violence.
This is the first story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the second installment here.
theatlantic.com By Emily Yoffe
A second football player caught up in a Title IX investigation at Liberty University has sued the school, university spokesman Len Stevens, and the accuser who brought sexual assault allegations against him. Avery James, a former Flames defensive back, filed suit alleging violation of his Title IX rights by Liberty, two counts of defamation by LU, two counts of defamation against Stevens, and two counts of defamation against the former LU student athlete who accused him and two other football players of sexual assault related to an incident dating back to August 2015. James is seeking a total of $100.2 million in damages from the three defendants.
newsadvance.com By Josh Moody
St. Scholastica is facing legal trouble for its alleged response to a sexual assault. John Doe the accused, filed a federal lawsuit claiming the school’s policies state that investigations of sexual misconduct are to be conducted by trained investigators. But Doe alleged those who investigated are experts in educational decisions, not allegations such as this. According to Doe, the woman threatened to press charges if he continued to fight for his rights. Doe claimed he reported this retaliation to the school, and that the school ignored him.
The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations. In a speech today, Betsy DeVos decried “a system run amok,” “kangaroo courts” and repeatedly emphasized the plight of the accused. In an emotional address, DeVos told anecdotes about accused students contemplating, and committing, suicide. She mentioned a controversial case in which a University of Southern California football player was expelled for what his girlfriend says was merely “playful roughhousing.”
“Are you today rescinding the Obama administration guidelines?”…”Well, that’s the intention, and we’ve begun the process to do so,” DeVos responded. “And as I’ve said earlier, in all of this discussion, it really is a process not an event.” She reiterated, “But it is the intention to move beyond that and move towards a better way.