Kentucky state Rep. Wesley Morgan introduced two fantastic pieces of legislation, and soon students at public institutions of higher education may enjoy important new rights. The first bill, the Student and Administration Equality Act, HB 126, would ensure that students facing potentially lengthy suspensions or expulsions from campus have the right to hire lawyers for representation during campus proceedings.
thefire.org By Joe Cohn
Due Process Rights
Articles relating to due process rights for our College boys
I am calling on Mother’s with sons to rise up and fight against the suffocating Title IX accusation persecution of college males. Title IX offers no protection for your son, and in this era of fake news college feminists want you to believe otherwise. There are NO RIGHTS FOR COLLEGE MALES to defend their innocence once accused.
Today is the day to contact these leaders, Betsy DeVos and Senator Tom Lankford. They will defend campus due process. They will reign in Title IX that masquerades as protection for your son. Title IX denies your college son due process rights and mothers you must rise up and stop the bleeding if you want your son to get his college degree.
Your voice counts. Call Senator Tom Lankford #202-224-5754. Say thank you for standing up to Dept. of Education’s illegal practices and for reigning in an out of control agency. This Senator Could Help College Regain Sanity
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
Families Advocating for Campus Equality’s press release criticizing Obama’s last-minute efforts to reinforce Title IX overreach
January 9, 2017 – In recent weeks President Obama has made two key civil rights appointments in an apparent attempt to strengthen his administration’s ideological stranglehold over the issue of campus sexual harassment.
On December 15th, Obama appointed Catherine Lhamon, current head of the Department of Education’s Office for Civil Rights (OCR), to the nonpartisan U.S. Commission on Civil Rights, a position guaranteed through 2020. As head of OCR, Lhamon co-authored and aggressively enforced the infamous April 2011 Dear Colleague Letter (DCL), which coerced college and university campuses across the nation to adjudicate complaints of sexual misconduct on a “more likely than not basis,” while simultaneously constraining schools’ ability to provide procedural protections intended to ensure accused students are presumed innocent and disciplinary findings are reliable.
U.S. Senator James Lankford (R-OK) has repeatedly echoed the objections of members of congress, scholars, legal experts and various organizations by condemning the illegally-issued 2011 DCL for its failure to provide “essential protections” to accused students which, ‘“coupled with the requirement of a lower standard of proof, indisputably tips the playing field against the accused, making the disciplinary process anything but “equitable.”’
That Lhamon is personally biased against students accused of sexual harassment is indicated by evidence she “played a key role in the infamous Rolling Stone rape hoax,” which conveniently dovetailed with Lhamon’s preferred narrative that our nation’s campuses are hotbeds of depravity. Last week, OCR’s public list of open investigations of purportedly recalcitrant colleges and universities had reached 300, while students who appear to have been wrongfully accused continue to file lawsuits at the rate of at least one each week, and their success rate is improving. Hundreds of traumatized students and their families have sought support and guidance from FACE.
In an effort to guarantee continued enforcement of misguided and illegal OCR Title IX policies, on January 4, 2017, Obama appointed Harvard’s controversial Title IX officer Mia Karvonides as OCR’s head Title IX enforcement officer. Not only have Ms. Karvonides’ radical sexual harassment policies raised the ire of two dozen Harvard law professors who argued the policies “lack the most basic elements of fairness and due process,” and “are overwhelmingly stacked against the accused,” but Harvard students also criticized Karvonides’ explanation of “unwelcome conduct” as unintelligible. This is hardly surprising, as the Obama administration’s definition of “unwelcome conduct” is similarly vague and expansive (“name-calling, graphic or written statements”), and inexplicably instructs campuses to disregard whether or not a subjectively offensive act was intended to harm.
Not to be outdone, on January 5, 2017, Vice President Biden issued his own letter to the nation’s colleges and universities exhorting them to continue implementing the disastrous effects of OCR’s aggressive Title IX enforcement policies. Biden’s letter relies on the repeatedly discredited one-in-five-college-women-are-assaulted statistic, even as his linked January 2017 “Guide” cites a U.S. Bureau of Justice Statistics study which showed non-students of the same age group are 1.2 times more likely to be sexually assaulted than are college students.
As a representative of hundreds of students adversely impacted by the Obama administration’s ill-conceived campus sexual harassment policies, FACE urges congress to take immediate and decisive action to counteract any and all efforts to prolong enforcement of those policies, and to restore civil rights on campus.
FACE advocates for equal treatment and due process for those affected by sexual misconduct allegations on campus and to support those students and their families through outreach and education. www.facecampusequality.org
A Connecticut state court judge rebuffed Central Connecticut State University’s attempt to use FERPA to deny an accused student access to evidence against him. The decision is a shot across the bow for schools considering invoking FERPA to withhold police records during disciplinary proceedings even though FERPA explicitly excludes law enforcement records from being withheld. The university’s distorted interpretation of FERPA is noteworthy because it perversely construed the statute, which was designed to protect students’ rights, to require the denial of one of the most fundamental due process rights of the accused-the right to present a defense.
www.thefire.org By Zach Greenberg
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
Judge Elizabeth Dillon proved that some campus procedures are just too outrageous to survive judicial review. The judge’s due process ruling came in a case out of James Madison University. The case illustrates the effects of an often-overlooked effect of the 2011 Dear Colleague letter-the requirement that colleges allow accusers to appeal not-guilty findings…this double-jeopardy principle creates an additional layer of injustice. “No reasonable jury,” [Judge Dillon] concluded, “could find the accused student was given fundamentally fair process. Instead, the undisputed facts show that JMU denied him a ‘meaningful hearing.’”
www.mindingthecampus.org By KC Johnson
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
The outgoing administration is giving defenders of due process a giant middle finger on its way out. Obama appointed the outgoing head of the Department of Education’s Office for Civil Rights, Catherine Lhamon, to a six-year term as chair of the U.S. Commission on Civil Rights. Lhamon is the last person you want defending the civil rights of Americans, particularly any group that is considered marginalized…Harvard’s first universitywide Title IX coordinator, Mia Karvonides, was just hired as OCR’s enforcement director. She has a record of conflict with people who actually care about fair procedures in high-stakes adjudications.
thecollegefix.com By Greg Piper
No longer content to deny due process to university students facing often unsubstantiated or false accusations of sexual harassment and assault, activists now aim to destroy any hope for them to transfer to other colleges and universities…Speier’s bill arrives at a time of growing recognition that college campuses have already lost credibility in their handling Title IX violations. Under the policies that many colleges have implemented, accused students are not given copies of the incident report or other evidence against them, and not allowed to call witnesses on their behalf. On many campuses, they are denied full legal representation and the right to cross-examine witnesses. The bill would create a new “check the box” requirement specifically for the transcripts of the (mostly) male students who have become ensnared in Title IX’s ever-expanding net for campus “sex crimes.”
nationalreview.com By Anne Hendershott