Higher education institutions are not designed, financed or suited to simultaneously play prosecutor, judge and jury. We have constitutionally mandated requirements for due process in our criminal justice system, and if schools are to be tasked by the DOE with investigating and adjudicating quasi-criminal accusations, appropriate safeguards must be guaranteed to the accused.
Due Process Rights
Articles relating to due process rights for our College boys
How does an Amherst girl get an Amherst guy kicked out of college when she consented to sex and texted her friends about it? KC Johnson talks about college sexual assault and the lack of due process rights for the accused on ‘The Kelly File’
legalinsurrection.com Posted by Amy Miller
(OCR’s) April 4, 2011 “Dear Colleague” letter (DCL) violated federal law because it did not go through the requisite “notice and comment” process and is thus invalid…we agree with UMass that the directives in the DCL are not binding on institutions as a matter of law.
www.thefire.org By Joseph Cohn
At campus hearings on claims of sexual assault, procedures are relentlessly stacked again males and evidence of innocence doesn’t count.
www.mindingthecampus By K.C. Johnson
Jones: “Ohmygod, I jus[sic] did something so [expletive] stupid.” Counselor: “What did you do?” Jones responded that she had sex with Doe. Then she expressed concern that her roommate would find out…The counselor’s recommendation was to blame Doe for the encounter.
Kipnis describes her ordeal as an “inquisition”; other critics characterize Title IX investigations as star chambers, kangaroo courts, and even “Stalinist persecution..schools are dabbling in a type of proceeding that they’re just not equipped to conduct — and making up the rules as they go along.’
www.bostonglobe.com By Dante Ramos
Law School professor Janet Halley is pushing back against Harvard and the government’s approach to Title IX..In September, Halley wrote a critical analysis of Harvard’s new framework, arguing that it was “defective on every known scale of equal procedural treatment of the parties and due process.”
www.thecrimson.com By Andrew M. Duehren
A San Diego State University student who was arrested but not prosecuted for sexual misconduct with a female student in December has filed a claim against the school for “emotional distress and damage to his reputation.”… charges were dropped after he presented the district attorney’s office with texts and photos in his defense, but he remains suspended from school.
www.utsandiego.com By Gary Warth
Nungesser is suing Columbia, university president Lee Bollinger, and Sulkowicz’s thesis supervisor for allowing him to be subjected to “gender-based harassment” which severely damaged his educational experience and future prospects, even though a campus panel found him not culpable on the sexual assault charge.
reason.com By Cathy Young
OCR has tipped the scales so heavily against the accused that it allows, in the case of an acquittal, the accuser to appeal and initiate a re-prosecution. OCR has moved far beyond double jeopardy—this is “infinite jeopardy.” OCR, in short, cannot be trusted to operate within the precincts of the law. It is making up its own laws and should be reined in by Congress.
www.nas.org By Peter Wood