A student who claims the University of Notre Dame wrongly expelled him in April- by conflating suicidal texts to a former romantic partner with “dating violence” – has found a sympathetic ear in federal court. In a motion for “partial summary judgment” last month, Doe sought relief based on “undisputed facts” that show the university violated his due process rights. The three-page letter requests that U.S. District Judge Philip Simon “hold as a matter of law that Notre Dame has breached its contract with Plaintiff.” The Catholic university’s chances of getting out of the lawsuit unscathed look questionable. It has met with attorneys for “John Doe” twice since July, in a “settlement conference.”
thecollegefix.com By Kayla Schierbecker
Due Process Rights
Articles relating to due process rights for our College boys
In the midst of a national controversy over US Department of Education Title IX directives, a federal judge recently ruled to allow a male student’s Title IX lawsuit against Case Western Reserve University (CWRU) to move forward. The plaintiff, John Doe, was a sophomore at CWRU when he was wrongfully accused of sexual misconduct and suspended for three years. CWRU failed to provide a fair and unbiased investigation of the encounter, resulting in the violation of Title IX and John Doe’s fourteenth amendment rights to due process. The university failed to avoid conflicts of interest by having one employee pursue both the investigation and adjudication of John Doe; this Title IX staffer had written her doctoral dissertation on “The Dangerous Reality: Sexual Risk Taking Among College Women.”
prnewswire.com Nesenoff and Miltenberg, LLP
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
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
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.
In a major speech assailing the deprivation of due process protections under the Obama administration, Education Secretary Betsy DeVos will vow to rein in the federal guidance compelling colleges to adjudicate sexual assault disputes between students.
reason.com By Robby Soave
In a 2012 resolution agreement with the OCR, Yale became the nation’s only university required to document all sexual assault allegations on campus. The university “uses a more expansive definition of sexual assault” and “assigns complaints to general categories such as ‘sexual assault’ that encompass broad ranges of behavior.” Only 3.7 percent (1 of 27) of Yale accusers who say they were sexually assaulted reported that offense to the police. All others went to the Title IX office. Title IX tribunals function as de facto substitutes for law enforcement and only heighten the importance of their failure to provide fair procedures.
mindingthecampus.org By KC Johnson
Four members of the Harvard Law School faculty have called on the U.S. Department of Education to revise the Obama Administration’s policies enforcing Title IX in matters of sexual harassment and sexual assault on college and university campuses. “Now is the time to build in respect for fairness and due process, academic freedom, and sexual autonomy.”
law.harvard.edu Scholars: Janet Halley, Jeannie Suk Gersen, Elizabeth Bartholet, and Nancy Gertner