As you’ll see from this list of stories, the male students who have the resources to challenge the illegal bullying of their constitutional rights do so by filing a due process lawsuit. Lawsuits like the ones facing Washington and Lee, Occidental, Columbia, Vassar, Cornell, Xavier, DePauw, Yale, Wesleyan, Swarthmore and Brown. The facts, by this point, are depressingly familiar.
Due Process Rights
Articles relating to due process rights for our College boys
Incoming Freedom Caucus chairman Mark Meadows recommended that the Trump administration roll back 2011 campus sexual assault guidelines that “deny the often-innocent accused basic due process rights.”
usatoday.com By Paul Singer
As discussed in more detail below, the court will grant Doe’s motion for summary judgment as to liability, concluding that Doe had a protected property interest in his continued enrollment at JMU and that he was deprived of that interest without due process of law.
A recent study demonstrates that 99% of college students accused of sexual assault are males. Recently, attorney Eric Rosenberg filed a lawsuit on behalf of a male student attending Indiana University. This is the same University that employed Jason Casares, the Title IX coordinator who was forced to resign when he was accused after a drunken hookup .
According to Aaron Farrer v Indiana University Complaint Mr. Farrer did not sexually assault Marion Zerfoss. Zerfoss admits flirting with Farrer and inviting him into her bedroom, Zerfoss admits asking Farrer to retrieve her vibrator, and admits asking Farrer to “fuck her.” Celebrity seeking mattress girl wanna be Marion Zerfoss admits telling Farrer that “it was okay” to have sex despite his hesitations, and admits that she consented to sex, but that Farrer should have resisted the seduction because she had consumed alcohol that evening.
Today, any unwelcome comment to a female student from a male student, or faculty member is grounds for a Title IX investigation. University of Kentucky’s TIX coordinator ruled that the professor who sang “California Girls,” included ‘language of a sexual nature’ and was offensive.” Although there were no student complaints, the professor was refused due process—as is the case for many accused males in Title IX cases. In most cases, accused students are not given due process -they are denied a chance to respond to allegations, they are not informed of their options for resolving the complaints, they are not given copies of the incident report or other evidence against them before the hearing, they are not allowed to call witnesses on their behalf, and they are often denied legal representation.
mindingthecampus.org By Anne Hendershott
The problem with the Minnesota boycott isn’t really that the boycott failed. It’s that the Minnesota football players did not realize they’d picked the wrong case to stand up for. There is a widely known phrase in the law that essentially defines this case: “Bad facts make bad law, and good facts make good law.” The problem is that high-profile bad cases tend to drive bad laws. Given how much media attention this case has received, that could be very bad for due process on campus.
washingtonpost.com By Justin Dillon and Matt Kaiser
It’s getting harder to justify the ridiculous kangaroo court system created by Title IX and the infamous “Dear Colleague” letter that mandated “compliance” by creating campus tribunals hearing sexual assault cases with a preponderance standard of proof. The Sixth Circuit Court of Appeals needed twenty-nine pages to show how the University of Cincinnati’s “Administrative Review Committee’s” satisfied two former students’ due process rights and complied with Title IX. Somehow, a system that restricts accused students from buildings, allowed a “victim impact statement” to be read before an “adjudication,” and a hearing conducted in front of a panel that doesn’t even know the burden of proof is perfectly legal and denies no rights whatsoever.
mimesislaw.com by Chris Seaton
How will Trump’s victory impact the campus rape debate? The bizarre manner in which sexual assault disputes are investigated on campuses could be overhauled. Accused persons are frequently denied legal representation, the right to confront their accusers, the ability to properly consider the evidence against them, and the right to an impartial jury. “We’re holding college students to a much higher standard than we’re holding the leader of the free world.” In Miltenberg’s Q & A he talks about a Title IX hearing, “It’s almost like you missed the meeting before the meeting, everyone is that decided. It’s a very kabuki theater like event.”
reason.com By Robby Soave
CA Dem. Rep. Jackie Speier wants college students found responsible for violating a school’s sexual misconduct code to have that information noted on their transcripts. Many of the students who would be affected by Speier’s legislation have not been convicted in a court of law. The College Title IX process is heavily weighted in favor of the accuser and denies the accused basic principles of due process. Speier’s bill makes no distinction for wrongly accused students.
watchdog.org By Ashe Schow
Complaints and Rulings for Drake University, Washington State University and University of Cincinnati…A complaint filed last week against Drake University in Iowa includes an intriguing argument. Like most such suits against private universities, it claims that Drake breached its contract with the student-plaintiff and discriminated against him on the basis of sex in violation of Title IX. But in addition, it argues that the university was-by virtue of coercive federal pressure-a state actor at the time of the incident, and as such, deprived the plaintiff of his constitutional due process rights.
thefire.org By Samantha Harris