A federal court says a public university in Virginia violated a student’s right to due process by punishing him severely after exonerating him of rape allegations. The university’s five-and-a-half year suspension of Doe only happened after his accuser, “Jane Roe,” appealed a finding in his favor. The U.S. Constitution does not allow an accused person to be tried again after exoneration, known as double jeopardy, but the practice was forced on colleges by the Department of Education’s 2011 “Dear Colleague” letter.
thecollegefix.com By Kayla Schierbecker
Due Process Rights
Articles relating to due process rights for our College boys
A University of Cincinnati graduate student, will be allowed to resume classes this spring after a federal judge’s decision rescinded a one-year suspension imposed by the university. The male graduate student alleged the university violated due process and Title IX in how it handled the investigation and ruling of the case against him. The student’s lawyer, Josh Engel, said the key to Judge Michael Barrett’s decision is “the recognition that students in this situation have a right to confront their accuser.”
cincinnati.com By Kate Murphy
The complaints continue to roll in. Five new federal lawsuits have been filed alleging unfair treatment in campus sexual misconduct proceedings. In one important ruling, an Ohio federal judge allowed several of an Ohio State University (OSU) student’s due process claims to survive a motion to dismiss, even holding that several OSU administrators might not be entitled to qualified immunity on those claims.
thefire.org By Samantha Harris
If you’re male and 18 and waiting anxiously for your acceptance at a college or university the authors of The Campus Rape Frenzy would undoubtedly have two words of advice: Don’t go. If you do go and then have sex, your partner can accuse you of rape if you kiss her or reach for her hand without her permission. She can say she was afraid of you when she did give permission and was coerced. She can claim that after a single drink she was under the influence of alcohol and therefore unable to give consent and can make these claims months after the fact without you being aware that she has made them. Think that’s scary? What happens next is even worse.
freebeacon.com By Bruce Fleming
A federal judge refused to dismiss most claims from a former Colorado State student who accuses the school of gender bias in suspending him and stripping him of his athletic scholarships after what he calls a false accusation of rape. Grant Neal sued Colorado State University, Pueblo on eight causes of action, including breach of contract, breach of faith, violations of Title IX and due process, and procedural matters. The school had suspended him and took away his wrestling and football scholarships. U.S. Magistrate Judge Craig Shaffer wrote that the school’s investigation was wrought with “bias and inaccuracy.”
courthousenews By Emma Gannon
After a college football coach dared to stand up for 10 black players’ legal rights, a mob of at least 3,000 has petitioned for the University of Minnesota’s president and athletic director to fire him. Such is today’s campus witch-hunt culture. Coach Tracy Claeys committed the heresy of questioning whether UMinn’s Title IX adjudication denied his players due process, and supposedly enlightened liberal activists now want him charred at the stake for it.
nypost.com Jillian Kay Melchior
A male Notre Dame student has filed a lawsuit in federal court. The plaintiff John Doe alleges school officials would not allow to be considered a recording of the accuser saying: “I want to f*** up [John’s] reputation; I want to make sure he never has a girlfriend…here or anywhere…and I want him never to be able to have a social life.” Doe’s lawsuit argues that officials at the Catholic university led an investigation rife with “procedural flaws, lack of due process, and inherent gender bias, designed to ensure that male students accused of any type of sexual misconduct or harassment are found responsible.”
thecollegefix.com By Kate Hardiman
As the debate over campus sexual assaults continues more [TitleIX] accused male students have started taking their female accusers to court. Male students accused of [TitleIX] sexual misconduct have filed hundreds of lawsuits, charging that they were the victims of both false allegations and school procedures that failed to properly vet the claims. Frequently, heavy drinking is involved and college officials are sifting through case after case of what both parties frequently say started as a consensual act but then disagree over whether consent was withdrawn. “What’s troubling is that the (sex) act has become so casual, but the consequences [for the male student] can be so severe,” Attorney Sonya Pfeiffer.
charlotteobserver.com By Michael Gordon
A Columbus lawyer said teen boys are being victimized by a system that doesn’t give them the presumption of innocence in acquaintance rape cases. Brad Koffel said he’s defending more and more cases of sex between teenagers leading to criminal charges. He considers it consensual sex that later becomes “regret” sex. According to Koffel, some teenage boys and their families said they’re getting caught up in an after-consensual-sex drama that can ruin lives. [At SOS there is an increase of emails from HS families looking for help due to HS regret sex accusations. Here is one of those stories.]
abc6onyourside.com by Kurt Ludlow
Last month, Patricia Hamill filed a lawsuit against the University of Notre Dame on behalf of “John Doe” alleging that Notre Dame unfairly expelled him just a few weeks before he was slated to take his last two finals and graduate. After filing his suit, Doe moved for a temporary restraining order and preliminary injunction permitting him to take his last two finals. Doe’s efforts were successful, and the court granted his preliminary injunction. Last week, Judge Simon ordered Notre Dame to administer Doe’s last two finals, minimizing the disruption to Doe’s education should his suit succeed. While Doe raised several claims in his complaint, the opinion only discusses Doe’s breach of contract claim. While the entire opinion is worth a read, particularly for due process litigators, I’d like to focus on two particular issues: the right to active counsel and a plaintiff’s choice of remedies.
thefire.org By Brynne Madway