Recently Biden criticized the Trump Administration and U.S. Secretary of Education Betsy DeVos for revisiting Title IX policies for sexual assault investigations on campus. But having represented more than 100 male students on campuses across the country, in both blue and red states, I have seen firsthand how wrongfully accused male students are being unfairly punished, with no opportunity to defend themselves. Recognizing the need to restore due process rights on college campuses, Secretary DeVos and the DoED announced major improvements to a broken system, including providing reasonable interim measures, eliminating double jeopardy, and requiring the consideration of exculpatory evidence. Unfortunately, her announcement was met with divisive political rhetoric and on-going protests.
www.nj.com By Andrew Miltenberg
Due Process Rights
Articles relating to due process rights for our College boys
Since 2011, the federal government has required all universities that receive federal money to provide “training or experience in handling complaints of sexual harassment and sexual violence” to adjudicators and investigators. It makes sense to train those who are assigned to investigate campus sexual-assault allegations, but the ideological regimes used on campuses are designed more to stack the deck against accused students than to ensure a fair inquiry. “The biggest problem with these training materials, is that if the accuser comes in, contradicts herself and the evidence, all that gets explained away because of ‘trauma.’ Junk science like that makes it extraordinarily hard for students to defend themselves effectively,” says Justin Dillon, a lawyer who has defended dozens of students accused of sexual assault.
weeklystandard.com By Johnson and Taylor
Tulane University ignored the results of a polygraph test that cleared a student, gave no reasoning when it found him responsible for sexual misconduct and arbitrarily hiked his punishment, according to a new due-process lawsuit against the private New Orleans school.
thecollegefix.com By Jeremiah Poff
The Massachusetts Senate has voted unanimously in favor of a bill that looks like it would kill due process for those accused of sexual misconduct on campuses. Due process for the accused was almost eliminated in 2011 by Obama’s Department of Education, but Trump’s Secretary of Education rescinded Obama’s anti-due process guidelines in Sept. 2017. In Massachusetts, a number of lawsuits filed by accused parties in response to their treatment at the hands of colleges have seen settlements. In a federal complaint involving Brandeis University, Judge Saylor ripped Brandeis administrators for “appearing to have substantially impaired, if not eliminated, an accused student’s right to a fair and impartial process.”…Last month Democratic CA Governor Jerry Brown vetoed a measure to codify Obama’s 2011 guidelines.
iwf.org By Charlotte Hays
The Obama administration warned colleges against cross-examining students who claim they were victims of sexual misconduct, but judges who hear the lawsuits of accused students don’t seem to agree. A Los Angeles Superior Court judge told Pomona College it deprived an accused student of a “fair hearing” by finding him responsible with no opportunity to submit questions to his accuser, and ordered it to remove his two-semester suspension.
thecollegefix.com By Greg Piper
The Trump administration appears to have tapped a longtime critic of the federal government’s role in education policy for a job at the Education Department. Hans Bader, who until last week served as senior attorney at the Competitive Enterprise Institute, will be joining DoED’s Office of General Counsel.
Many times throughout history societies cast aside the idea of due process, such as during the Salem witch trials and the 1980s and ’90s satanic day care scares. In each case, those accused were not given a proper chance to defend themselves, and society was told to “believe the victim.” But due process appears to be making a comeback. Accused students have been racking up settlements with their universities, DeVos rescinded the Obama-era anti due process Title IX guidance, and California Gov. Jerry Brown vetoed legislation mentioning due process concerns as his reason for vetoing.
thefederalist.com By Ashe Schow
A sophomore pre-med student’s contention that two Penn State administrators should be held in contempt for trying to circumvent a federal judge’s order is meritless and should be denied, the university says…Doe contends Danny Shaha, interim assistant vice president for student affairs, and Karen Feldbaum, interim director of the Office of Student Conduct, should be found in contempt of the August order. Doe cites a Sept. 25 email from Shaha notifying him that a Title IX panel’s June finding that he violated the Student Code of Conduct and the sanctions it imposed had been withdrawn and that he would be retried Wednesday before a new panel. [Notice how ‘interim’ staff are ruining males before these ‘interim’ folks move on to the next college and do their male damage..SOS]
pennlive.com By John Beauge
Yale was under federal investigation from April to September of this year after an alumnus filed a complaint with the federal Department of Education’s Office for Civil Rights alleging that the University discriminated against him in its Title IX procedures because he was a man. The case alleges “John Doe,” first experienced discrimination in the fall of 2013 after he submitted an essay that included a discussion of the impulses that might drive someone to commit rape. A teaching assistant reported him to Yale’s Title IX office. Yale then prohibited Doe from contacting the TA and required him to attend sensitivity training. After Doe graduated in May 2015, Doe filed complaints both in federal district court and with the regional OCR branch in Boston alleging that Yale had violated his Title IX rights. On April 17, 2017, it became one of the first civil rights violation cases taken up by the Department of Education under President Donald Trump.
yaledailynews By Sweedler and Schick
The “Yes Means Yes” bill was a big deal when Jerry Brown, the governor of California, signed it into law in 2014. It made California the first state to pass an “affirmative consent” law requiring all parties to get consent for each touch each time; silence can not be interpreted as consent. Now, it seems, Brown is not so certain about what has been wrought. This week, in an unexpected move, Brown vetoed a new bill that would have broadened the definitions and rules regarding alleged sexual misconduct for students attending California colleges and universities. Brown wrote he could not endorse the bill because of troubling concerns that have arisen in recent years. He noted that since he signed Yes Means Yes, “thoughtful legal minds have increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault—well-intentioned as they are—have also unintentionally resulted in some colleges’ failure to uphold due process for accused students.”
theatlantic.com By Emily Yoffe