One of the best ways to determine whether a case is weak is to watch good minds try and fail to make it. This is exactly what happened in the New York Times yesterday, as Jon Krakauer and Laura Dunn teamed up to defend the Obama administration’s incoherent, unlawful, and disastrous streamlining of the process for punishing alleged campus rapists…There is an important word that appears nowhere in Krakauer and Dunn’s essay: “Constitution.” They act as if the Department of Education has complete discretion to determine the proper legal standards in such cases, which it most surely does not. DeVos isn’t just right to re-examine those directives; her re-examination is a constitutional imperative.
nationalreview.com By David French
Due Process Rights
Articles relating to due process rights for our College boys
More than two years after he sued Amherst College for declaring him a rapist because a female student sexually molested him while “blacked out,” the second-generation Asian-American plaintiff known only as “John Doe” has achieved a measure of justice. A federal judge in Boston dismissed the litigation Wednesday following a settlement that the parties brought before the court Friday.
thecollegefix.com By Greg Piper
There is plenty of evidence that enforcement of Title IX, is badly flawed. Lawsuits by male students who say they were denied due process have surged, and courts are increasingly sympathetic. Critics link Title IX overreach to guidelines in a 2011 “Dear Colleague” letter. The “Dear Colleague” letter sent a clear message that the disciplinary process must favor the complainant as much as possible. DeVos is widely expected to reverse the 2011 directive and endorse more balanced policies. But it’s hard to tell how much impact this will have. And there is the bigger question: Why should colleges try rape cases?
thehill.com By Cathy Young
The rate of allegations are far higher at elite schools. Given the disproportionate number of elite institutions in the states of the First Circuit, it should come as little surprise that the area has featured a disproportionate number of due process cases. These cases run the gamut—with one Appeals Court decision favorable to due process (Columbia) one unfavorable (Houston) and one highly unfavorable decision (Cincinnati.) The BC case could provide more clarity- and seems likely- at least based on the oral argument, to produce a victory for the accused student. The outcome from this liberal circuit could carry considerable weight… The facts of the BC case are unique: it took a year and a half for JD to prove his innocence, and the prosecutor dropped all charges. BUT the investigation at Boston College took a different course. In summary, the First Circuit seemed most concerned with the issue of breach of contract.
academicwonderland.com By KC Johnson
A fair process that includes due process does not impede justice. Adding balance and fairness to a corrupt system will help all parties involved, especially if it tamps down the current hysteria. To see schools settle with accused students, rather than fight them, is encouraging. What would be more encouraging is if more schools changed their policies to protect the rights of accused students and stopped the witch hunt mentality raging on campus… “a system without due process ultimately serves no one in the end.” Betsy DeVos
thefederalist.com By Ashe Schow
Bury the 1 in 5 lie. Not only is this faulty statistic and propaganda dangerous, but it has created a system in which victims and the wrongly accused never receive fair and due process. If you’ve stepped foot on a campus lately, you may have noticed the heightened paranoia surrounding sexual assault on campuses around the nation. “The Campus Rape Frenzy: The Attack on Due Process at America’s Universities” written by respected journalist and author Taylor Stuart Jr. and KC Johnson, dismantles what we’ve been led to believe about “rape culture” which he says was concocted by extreme feminists in the 1980s. This morning on “Pat & Stu,” the guys discuss this issue with the author.
By a split 2–1 decision, the US Court of Appeals for the Fifth Circuit recently held that the University of Houston did not violate the due process rights of two students who were expelled for sexual misconduct. The Plummer case presents two clearly contrasting judicial viewpoints-a majority opinion showing deference to the University and a dissenting opinion asserting that the judiciary must intervene to correct processes that are not protecting the rights of the accused. The case remains before the Fifth Circuit, where the students have petitioned for a full en banc review…In their petition, the students request that the full Fifth Circuit provide “what the [majority opinion] failed to do: guidance for colleges and universities to implement Title IX in accordance with the Due Process Clause.” (Plummer v. University of Houston, et al., No. 15-20350 (5th Cir. June 26, 2017).
nixonpeabody.com By Sciocchetti and Richard
“Young college men that are wrongly accused are mentally harmed beyond belief,” says Alice True, founder of Save Our Sons “I know of many young guys who are immobilized by a false accusation. They’ve lost their education, their future, and their career dreams. They’ve let their families down, and even though they are innocent, the stigma of a false accusation lingers endlessly. Many guys are in therapy, they can’t get out of bed, they can’t cope with general life skills, they don’t trust women, and they can’t have a simple conversation with a woman.”
glamour.com By Lilly Dancyger
The University of Oregon lost in state court for suspending a student accused of rape without letting him respond to evidence and an expert opinion, and not documenting interviews with his accuser. Now “John Doe” is taking the university to federal court to obtain damages for emotional distress, harm to his academics and reputation, and attorney’s fees stretching back to UO’s investigation. Doe told investigators he wasn’t interested in having sexual contact with the accuser because he believed she had herpes, and that she may have made the accusation to get attention from her ex-boyfriend. Doe’s complaint alleges that “The University responded to Jane Roe’s accusations through arbitrary, discriminatory and illegal actions designed to reach a predetermined outcome, namely, John Doe’s suspension from the University.”
Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct. Both parties should receive written notice before a formal investigation begins, both parties should be allowed to participate in an investigation, both parties should be allowed to review a school’s initial investigative report and to respond to the final report, and both parties should have a right to appeal, according to the report by the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection.
abajournal.com B D.C. Weiss