I cannot begin to describe how exasperatingly difficult it has been to try to explain to people what an informal complaint is and how there was never any evidence — nor any effort made to discover evidence — to substantiate the claim made by my accuser.
www.bostonglobe.com By Patrick Witt
Due Process Rights
Articles relating to due process rights for our College boys
The attorneys argue that although cases still go to a hearing if the investigator concludes that the accused is more likely than not guilty, those hearings lack a number of crucial safeguards meant to ensure a fair and accurate result, such as cross-examination.
www.thefire.org By Susan Kruth
Nungesser was exonerated in a process with far fewer protections for the accused than a criminal trial. Yet he has been widely treated as a rapist in the media… The story is also a reminder that rape cases should be handled by police and courts, not universities –
www.newsday.com By Cathy Young
SAVE’s Open Letter to the Senate Education Committee calls out the Office of Civil Rights’ overreach
SAVE has provided some serious fodder for due process advocates by preparing questions and legal arguments to show how the OCR has violated multiple laws and flouted Supreme Court decisions in its “Dear Colleague” Letter regarding sexual assault enforcement at U.S. colleges. And the Senate Health, Education, Labor, and Pensions committee is set to begin hearings tomorrow, February 24.
Under what legal authority is the Office for Civil Rights overriding a Supreme Court decision in order to dictate the standard (preponderance of evidence) that courts must use to resolve private disputes?
How can the Office for Civil Rights fulfill its Congressional mandate when it apparently believes that equitable procedures only need to be provided to one party in the dispute?
The OCR guidance generally imposes liability on institutions even if they discipline the accused harasser, if they do not also “prevent its recurrence” and “remedy its effects,” and OCR says that even punishing the harasser “likely will not be sufficient” to comply with Title IX. (See “Questions and Answers on Title IX and Sexual Violence” (April 29, 2014), pg. 25 —http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf ).
This was major change accomplished without any notice and comment, as required by the Administrative Procedures Act.
“Due process of law is not window dressing; it is the distillation of centuries of experience, and we ignore the lessons of history at our own peril”…”Our legal system is based on checks and balances precisely because of the risks associated with concentrating so much power in the hands of a single investigator or investigative team,” the letter from the Penn faculty says.
When author and history professor K.C. Johnson went to Ohio University to discuss due process rights for students accused of campus sexual assault, he knew what he was getting into… Although due process is a central tenet of the American justice system, it has been attacked in recent years as an impediment to justice by those claiming to be the victims of sexual assault…Protesters showed up to his lecture…They stood up when he was about to speak and blocked the audience’s view of Johnson.
www.washingtonexaminer.com By Ashe Schow
The Times‘ coverage of the Winston controversy (and others like it) shows the nation’s most influential newspaper exemplifying bias in the Winston case in particular and on the issue of campus rape in general.
www.realclearsports.com By Stuart Taylor Jr.
…men accused of date rape are increasingly using text messages, and other social media communications…to defend themselves by showing that their accusers sent messages which were friendly, flirtatious, and possibly even flagrantly sexual…
www.prlog.org By JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Jane said yes. But, a week after the incident, Jane filed a complaint against John. John was expelled…This empowers the female partner to charge her male partner with rape if, after the encounter, she wishes she hadn’t done it — So what we’ve come around to is a 21st century, legalistic, feminist view that a man must always be expected to behave like a Victorian gentleman, while the woman can behave exactly as she pleases, and destroy his college career by a mere accusation.
www.theamericanconservative.com By Rod Dreher
I recently assisted a young man…who was ordered to stay away from a fellow student (cutting him off from his housing, his campus job, and educational opportunity) — all because he reminded her of the man who had raped her months before and thousands of miles away. He was found to be completely innocent-But the stay-away order remained in place, and was so broadly drawn up that he was at constant risk of violating it and coming under discipline for that.harvardlawreview.org Commentary by Janet Halley