William Blackstone declared, “It is better that ten guilty persons escape, than that one innocent suffer.” In 2011, the U.S. Department of Education took a different position. They decreed that Title IX sex tribunals should embrace a weaker “preponderance of the evidence” standard. So how high a risk of false conviction do the innocent face under the OCR’s Title IX guidance standards? UCLA Professor John Villasenor set out to answer that in a study that uses probability theory to model false Title IX convictions under the preponderance of the evidence standard. What he found should take all fair-minded Americans aback.
reason.com By Ronald Bailey
Over the last few years, we have become all but immune to what, under any other circumstances, would be a fantastic claim—that one in five female undergraduates will be victims of sexual assault. This rate would translate to several hundreds of thousands of violent crime victims (with almost all of the incidents unnoticed) annually, and implies that about the same percentage of female college students are sexually assaulted as women in the Congo where rape was used as a war crime in the nation’s civil war…Even within this environment of pie-in-the-sky statistics, a recent survey from Duke stands out.
mindingthecampus By KC Johnson
Tufts Community Union Senate voted down Student’s Advocating for Students resolution “Requesting Fair and Protective Title IX Procedures.” Twenty-five student Senators voted against fair and protective Title IX procedures, and no Senators voted in favor of these procedures. The hearing prior to the final vote was a shocking yet accurate display of Tufts University’s egregious campus culture…Senators directly defended allowing victims of sexual misconduct to determine Title IX sexual misconduct cases- violating Tufts’ obligation to provide impartial Title IX proceedings.
sa4s.org By Students Advocating for Students
Georgia colleges tread where prosecutors won’t, but some claim secret tribunals are unfair to the accused. A three-month AJC investigation into the secretive world of campus tribunals found that Georgia’s largest universities are pursuing cases that prosecutors won’t touch. But the newspaper also found that campus justice comes with steep trade-offs. Procedures vary widely and are often poorly understood by both the accused and the accuser. Students, and sometimes their parents, expect the strict rules of a court of law, but instead encounter a looser system where cross-examining witnesses is sharply curtailed and the burden of proof is far lower. Several students claim the proceedings in place are deeply flawed and violated their rights to due process.
investigations.myajc By Shannon McCaffrey and Janel Davis
There are fundamental deprivations of justice, and then there’s what happened to a male student at Drake University. The student, “John Doe,” was expelled for sexual misconduct-ostensibly because he engaged in nonconsensual sex with a female student, “Jane Doe.” In truth, John was punished for failing to realize quickly enough that he was actually the victim in the encounter. Drake officials still refuse to fix their mistakes.
reason.com By Robby Soave
An incoming freshman at UC Santa Barbara is suing the university to remove a suspension that has barred him from attending the school since August. “Even though my client has never been charged by UCSB with any violation of University rules, he sits out of school and it is now clear he will miss the entire school year unless a court ultimately intervenes,” Doe’s lawyer, Robert P. Ottilie said.
dailynexus.com By Jose Ochoa
AMHERST JUDGE: Male student expelled for sexual assault may have been victim himself
CALIFORNIA JUDGE: Disparity in campus tribunal ‘enough to shock the Court’s conscience’
CORNELL: Caused ‘actual harm’ to student accused of sexual assault
COLORADO STATE UNIVERSITY PUEBLO: School’s sexual assault proceeding suggests ‘bias and inaccuracy’
OHIO JUDGE: Accused students have right to cross-examination
watchdog By Ashe Schow
A wave of bills dealing with campus sexual assault are moving through state legislatures, and many of them would codify elements of contentious federal guidelines that deprive accused students of due process rights. The measures would make it easier for accusations to result in expulsions and the permanent branding of students who may be innocent, without allowing them a chance to defend themselves. Some of the bills would expand the definition of sexual assault by narrowing the definition of consent to the point where nearly any sexual encounter could be considered non-consensual.
There are clearly some women out there who are deeply confused about what it means to be raped, and they are, in many cases, being misled by the adults around them. As documented in “The Campus Rape Frenzy,” the Title IX coordinators encourage young, impressionable women to call every incident of regrettable drunken sex “rape.” These days, the reasons for falsely claiming rape have much more to do with the campus soap opera and the sexual politics of one’s peer group… When you decide to ruin a man’s life and reputation in order to cover up your own mistakes or get what you want from others, you’re not a victim-you’re a sociopath.
nypost By Naomi Schaefer Riley