Students in University System of Georgia institutions are getting more due-process protections in campus sexual-assault proceedings, following recent legislative attempts to protect the wrongly accused. In cases that could result in suspension or expulsion, colleges will have to notify the university system itself. Accused students will get written notice of the complaint and allegations and the right to remain silent “without an adverse inference resulting,” among other safeguards. Because “due process is the standard now,” Rep. Earl Ehrhart is convinced that “false allegations won’t have a place to survive.”
thecollegefix.com By Jorin Burkhart
Due Process Rights
Articles relating to due process rights for our College boys
This month, thousands of college students are heading back to school, but we wonder how many will be destroyed by biased Title IX sexual misconduct hearings. Accused college students are denied fundamental due process rights such as witnesses appearing on their behalf, the introduction of exculpatory evidence, and the ability to question or cross examine the accuser’s account. Equally troubling is that, with young lives hanging in the balance, attorneys are often barred from participating in university Title IX hearings. We need the Dept. of ED to issue regulations that give students access to consistent, clear, and transparent processes that provide fair and equal treatment to both parties and ensure impartiality in the investigation.
washingtonexaminer.com By C.D. Mock
Sexual assault charges against a former Davidson baseball player have been dropped due to lack of evidence. “My client did not assault the accuser in any way. Normally I don’t comment much in the press, but I feel I need to speak up about one thing: those were strange days earlier this year when college students marched, and a college president opined, against the American principle of the presumption of innocence. I am glad wiser heads prevailed.” Attorney Fialko.
wccbcharlotte.com By Amy Cowman
A U.S. district court judge has ruled former Liberty University football player Cameron Jackson can move forward with seven of the 18 claims in his lawsuit filed against the school and other defendants. The lawsuit seeks approximately $100 million in compensation for damages to Jackson’s academic and athletic career, as well as to his reputation. The lawsuit casts doubts on the accuser’s charges and alleges she acted maliciously, the response of Liberty and its employees was inept and that staff did not protect Jackson from on-campus harassment aimed at him by other LU students, which caused Jackson to stop attending classes.
newsadvance.com By Josh Moody
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
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