This is a terribly tragic story of discrimination and what bystander intervention really looks like. A TIX sexual assault complaint was filed by a nosy 3rd party female…Doe attempted to put an end to the matter at once: Grant Neal (the accused) recorded her making the definitive statement, “I’m fine and I wasn’t raped” to university officials. But no one cared. In the eyes of the university, it was not Doe’s place to determine whether she was a victim of sexual assault—that was the investigators job. The man in charge of investigating whether Grant Neal had raped Doe first told Neal to open emails from Doe his girlfriend, and then later told him he could be disciplined for opening them. “That’s when I immediately knew,” said Neal. “That’s when I really knew that the situation was above my control.”.. After denying Neal any meaningful way to demonstrate his innocence, CSU-Pueblo effectively ended his career, cancelling out his scholarships and opportunities to play football and pursue a wrestling career. Read Mr. Neal’s interview below.
reason By Robby Soave
Due Process Rights
Articles relating to due process rights for our College boys
A lawsuit against Williams was delayed until the accused student exhausted his appeals at the college.The result is an amended complaint which raises four new areas of concern with how Williams handled this case: (1) Credibility issues don’t matter, at least when the accuser’s credibility is in question. (2) Playing fast and loose with sexual assault definitions. (3) Limiting information. (4) Reports from a Williams whistleblower don’t inspire confidence.
Georgia state representative Earl Ehrhart has won committee approval for legislation that would remove the adjudication of felony sexual assault from campus administrators and return it to law enforcement. Ehrhart’s bill HB51 would go a long way toward establishing a system that could produce real justice. watchdog By Ashe Schow
Here’s a video of the bill’s discussion. SOS is very grateful to Attorney Charles Jones for supporting HB51 and for speaking out (in the midst of jeers) on behalf of the falsely accused who must remain silent due to college settlement agreements.
San Diego State University violated “procedural fairness” by refusing to let a student accused of rape have an advocate “with the same or substantially similar skills, training and experience” as his accuser’s advocate, ruled California Judge Wohlfeil. Wohlfeil also denounced the university’s “well-intentioned, but deeply flawed, administrative system to investigate and review complaints of student misconduct,” which stacks the deck against accused students. “The disparity of these circumstances is enough to shock the Court’s conscience,” the judge wrote.
Earlier, I wrote about how the Trump administration should end the Obama-era micromanagement of college discipline by the Dept. of Ed. But I overlooked one form of federal meddling that needs to be fixed…that colleges not allow students or faculty accused of sexual harassment to appeal findings of guilt unless they also allowed complainants to appeal not-guilty findings -a position that some critics viewed as akin to double jeopardy. This demand ignored OCR’s own past agency rulings to the contrary, even though “unexplained departures from precedent” violate the Administrative Procedure Act, and are arbitrary and capricious.
libertyunyielding.com By Hans Bader
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
One of the strongest critics of the disciplinary process in the sexual misconduct case involving soccer player Ciaran McKenna has been Duke law professor James Coleman, Jr. Throughout the process, Coleman has made statements arguing that McKenna has been mistreated by the University’s disciplinary process. “I seriously doubt that the Office of Civil Rights, which I once advised as Deputy General Counsel of the Department of Education, would agree with the process that is being contemplated,” he wrote. “I hope the University will step in to avert this unfairness.” (The University did not step in to stop the unjust treatment of McKenna.)
dukechronicle.com By Gautam Hathi
Something is gravely amiss at Drake University in Iowa. According to a recent lawsuit filed against Drake University AND Drake’s Board of Trustees, Plaintiff Tom Rossley (A Drake Board of Trustee Member) claims that Drake selectively chooses which staff and students are deserving of fair and ethical treatment. And in doing so, Drake openly discriminates against their students. According to the lawsuit, Drake’s Board of Trustees engage in vicious attacks against those who speak out for the rights of Drake’s students. Tom Rossley (Plaintiff) was one who dared to speak out for the rights of Drake’s students, most notably for his disabled son.
Here are a few points detailed in his lawsuit below:
Mr. Rossley’s disabled son accused a female of sexual assault at Drake University. This female accused his son of sexual assault. Drake refused to investigate his son’s complaint under Title IX but investigated the female’s complaint. Drake knew this male had a life long language-based disability, ADHD, and anxiety, which had been accommodated in the classroom. But during the nine hour hearing Drake forced Rossley’s disabled son to be his own advocate and lawyer, while denying disability accommodations. During the hearing, the female ‘accuser’ admitted she sexually assaulted the disabled male without his consent. Incredibly after her confession Drake refused to investigate her, and instead found the male guilty of sexual assault and expelled him. He was a senior, and shy of one month from graduating and obtaining his diploma.
Out of concern for student’s rights at Drake University, Tom Rossley (A Drake Board of Trustee himself for 23 years) had informed the Board about Drake’s potential violations of federal law, especially with regard to his disabled son. Board Chair, Zimpleman and Board of Affairs Chair David Miles intimidated and verbally attacked Mr. Rossley, trying to silence him, and told him to step down as Trustee. Upon Mr Rossley’s refusal to step down, they led the charge to remove him as a trustee in July 2016.
The student, identified as John Doe, alleges that he attempted to present evidence that made it clear his accuser was only angry because they were no longer speaking and wanted him expelled out of spite. He says this evidence and witness testimony was ignored by Allegheny. John also claims information was withheld from him during the investigation, and that investigators attempted to “coerce a statement from him in response to allegations that had not been fully disclosed to him.”
watchdog.org By Ashe Schow
A Texas Tech athlete, is asking a Lubbock court to reverse a decision by a Title IX hearing panel that found him responsible for violating the school’s code of conduct by having sex. He is suing Tech and university President Lawrence Schovanec, claiming his rights to due process were violated, and he is alleging there were “procedural and substantive errors that significantly impacted the outcome” of a Title IX hearing.
amarillo.com By Sarah Rafique