While Know Your IX and FIRE disagree on several major points, the State Policy Playbook released by Know your IX demonstrates an understanding that the status quo is unfair for both accused students and complainants. The playbook recommends schools guarantee a number of rights for students that would leave them better protected against inaccurate findings of responsibility than they currently are at many institutions. And despite our several policy differences, it is refreshing to see a group whose mission centers on survivor advocacy also acknowledge that all students are disserved by the status quo and should be guaranteed certain basic rights in order to ensure a fair hearing.
thefire.org By Susan Kruth
Due Process Rights
Articles relating to due process rights for our College boys
Pennsylvania State University knows that it’s supposed to “believe the survivor,” but a federal judge just told the public university it has to verify her claimed evidence… John Doe alleged that Penn State refused to require his accuser to provide a written statement with specific allegations throughout the nine-month investigation, preventing him from giving an informed defense. Because the outcome of the proceeding depended on “credibility-based determinations,” the university was wrong to block “almost all” of Doe’s 22 questions for Roe. Judge Brann had particular scorn for Katharina Matic the Title IX investigator.
“Recently, Inside Higher Ed published a story regarding the University System of Georgia (USG) that contained significant misinformation about the USG’s Title IX and student conduct policies. As the Title IX Administrator for the University System of Georgia, here is my response to set the record straight regarding our commitment to campus safety and to ensure consistency and quality in student conduct investigations across the University System.” -Kimberly Ballard-Washington, associate vice chancellor USG
A former member of the Texas A&M University Corps of Cadets filed a federal Title IX lawsuit against the university, alleging A&M officials violated his due-process rights by showing a male gender bias. The suit claims that John Doe was wrongfully accused of sexual misconduct by a female member of the Corps of Cadets and that the Title IX investigative process took place while Doe was hospitalized for treatment of depression without giving him an adequate chance to defend himself.
wacotrib.com By T. Witherspoon
The U.S. Department of Education on Friday asked a federal court to put on hold for 90 days a lawsuit challenging hotly contested guidance from the Obama administration on campus sexual-assault policy, while the department reviews the guidance that is being challenged. The motion stated that the government had consulted with lawyers for the plaintiffs, who did not oppose the request.
chronicle.com By Nick DeSantis
University of Cincinnati is desperate to claim the nation’s most unfair campus sexual assault process. In this case, two students met on the Tinder app. The female later claimed the sex wasn’t consensual; the male said it was. At the hearing, neither the accuser nor the Title IX investigator, bothered to appear, denying indirect cross-examination. Panel Chair:’ OK, so the complainant is not here…Respondent, do you have any questions of the Title IX report?’ Accused Student: ‘Well, since she’s not here, I can’t really ask anything of the report.’ The student was found guilty and then sued. UC maintained that its denial of any cross-examination didn’t violate the student’s due process rights.The accused’s attorney Josh Engel faced no skeptical questions from the sixth circuit appeal panel, and made important points about why due process matters.
6th Circuit Summary w Audio Excerpts By KC Johnson
One of the best ways to determine whether a case is weak is to watch good minds try and fail to make it. This is exactly what happened in the New York Times yesterday, as Jon Krakauer and Laura Dunn teamed up to defend the Obama administration’s incoherent, unlawful, and disastrous streamlining of the process for punishing alleged campus rapists…There is an important word that appears nowhere in Krakauer and Dunn’s essay: “Constitution.” They act as if the Department of Education has complete discretion to determine the proper legal standards in such cases, which it most surely does not. DeVos isn’t just right to re-examine those directives; her re-examination is a constitutional imperative.
nationalreview.com By David French
More than two years after he sued Amherst College for declaring him a rapist because a female student sexually molested him while “blacked out,” the second-generation Asian-American plaintiff known only as “John Doe” has achieved a measure of justice. A federal judge in Boston dismissed the litigation Wednesday following a settlement that the parties brought before the court Friday.
thecollegefix.com By Greg Piper
There is plenty of evidence that enforcement of Title IX, is badly flawed. Lawsuits by male students who say they were denied due process have surged, and courts are increasingly sympathetic. Critics link Title IX overreach to guidelines in a 2011 “Dear Colleague” letter. The “Dear Colleague” letter sent a clear message that the disciplinary process must favor the complainant as much as possible. DeVos is widely expected to reverse the 2011 directive and endorse more balanced policies. But it’s hard to tell how much impact this will have. And there is the bigger question: Why should colleges try rape cases?
thehill.com By Cathy Young
The rate of allegations are far higher at elite schools. Given the disproportionate number of elite institutions in the states of the First Circuit, it should come as little surprise that the area has featured a disproportionate number of due process cases. These cases run the gamut—with one Appeals Court decision favorable to due process (Columbia) one unfavorable (Houston) and one highly unfavorable decision (Cincinnati.) The BC case could provide more clarity- and seems likely- at least based on the oral argument, to produce a victory for the accused student. The outcome from this liberal circuit could carry considerable weight… The facts of the BC case are unique: it took a year and a half for JD to prove his innocence, and the prosecutor dropped all charges. BUT the investigation at Boston College took a different course. In summary, the First Circuit seemed most concerned with the issue of breach of contract.
academicwonderland.com By KC Johnson