The Clinton and Obama administrations ignored federal law and court rulings in the harassment rules they imposed on America’s colleges and schools. The Administrative Procedure Act requires an agency to put a regulation that expands someone’s legal obligations into the Code of Federal Regulations, before it can go into effect.In addition, agencies are expected to notify Congress of their rules. [The Clinton/Obama administrations turned a blind eye to the APA and put forth illegal guidance letters.through the Department of Education. SOS]
cei.org/blog By Hans Bader
STATS & Accusers who Lied
Misinterpreting 1 in 5 data, & Accusers who have lied (for attention) about being assaulted
Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private hospital’s medical residency program. Even more surprising, the court ruled that a medical resident could bypass the traditional administrative scheme required for making employment claims by pursuing litigation under Title IX, which the U.S. Supreme Court previously held allows for a direct, individual cause of action. The impact of the Doe decision is likely significant, and requires medical residency programs to understand their new obligations and take action to protect themselves from an expected increase in sexual harassment, discrimination and retaliation claims.
bakerdonelson.com By Jennifer Curry
On college campuses young men are treated to lectures and workshops that teach them their masculinity – an element at the very core of their identity – is dangerous, poisonous and even toxic…Discussions of sexual assault that assume a male perpetrator and a female victim, or the use of phrases like “Teach men not to rape,” constitute the gendering of a crime that is in fact committed by people of all genders…One of the goals of Title IX is to ensure that no student must endure a hostile educational environment based on sex discrimination. It’s hard to imagine a more hostile educational environment than one that characterizes the gender identity of a large number of [male] students as poisonous.
usatoday.com By Glenn Reynolds
When an overly-intoxicated girl showed up on the steps of the Alpha Epsilon Pi fraternity house during Orientation Week in 2015, the brothers’ first response was to help her. “We only brought her onto our porch because we decided she needed help and that turning her away would be immoral,” Johnson said. They never expected it would lead to a five-month long battle with the Office of Student Conduct about whether or not they had violated the University’s alcohol policy. “We were innocent by their own terms, and then they decided to throw out their terms,” said Todd Miller*, Pratt ‘16 and a senior member of AEPi at the time.
dukechronicle.com By Claire Ballentine
The Title IX compliance group that NCHERM endowed, the Association of Title IX Administrators, is offering to teach trigger-happy campus bureaucrats how to protect due process in campus adjudications. At its Title IX training and certification course next month, ATIXA is including a $1,499-per-person “due process track” that is open to anyone who is a “seasoned administrator.” It laughably claims to be “placing a renewed emphasis on due process,” rather than the more accurate “emphasis for the first time.” FIRE’s Samantha Harris has a good laugh at this turn of events, noting that FIRE will educate campus bureaucrats for free and that Sokolow once accused her group of “sticking up for penises everywhere.”
Show me the money! Starting this fall, all incoming freshmen and transfers at the University of Maryland will have to undergo a bystander intervention training in person…And they’ll pay for the privilege of doing it. The university already added six new Title IX-related positions and the Title IX office budget jumped by more than half between its first and second year, reaching $1.01 million. Its director has called cross-examination in sexual-misconduct proceedings “harassment,” and she has previously admitted that extra funding for her office would not result in fewer rapes.
thecollegefix.com By Greg Piper
Researchers behind the 1-in-5 statistic explain how their results are misinterpreted. “Taking the 1-in-5 statistic and applying it universally, or using it politically, is a misleading representation. People have taken our work from previous studies and used 1-in-5 from it. They create statistics that they then want to use as if they’re a national average, or that this is the magnitude of the problem everywhere. We’ve never said that. But that’s how it gets used..Reductive, one-size-fits-all data leads to policies that might not help much.” Dr. Krebs.
weeklystandard.com By Alice B. Lloyd
If every other egregious example of a male student denied due process after being accused of sexual misconduct gets ignored – this one should not be. College administrators, as well as members of the media and legislators, would do well to remember the name Thomas Klocke. Klocke, a straight male, was accused by a gay male student of writing anti-gay slurs on his computer during a class. Klocke vehemently denied the accusation, and administrators who investigated the incident acknowledged there was no evidence to support the accuser’s claims, yet Klocke was still punished. The accused student’s father, a lawyer acting as the administrator of his son’s estate, is now suing the school for violating his son’s Title IX rights.
watchdog.org By Ashe Schow
A recently released Duke University sexual assault survey suggests female students at the prestigious university are raped at a higher rate than in America’s most dangerous city. U.S. News & World Report lists Duke as having 6,639 undergraduate students. That would mean approximately 520 undergraduate female students can say they have been raped since enrolling. America’s most dangerous city St. Louis, which has a population of more than 300,000, had 551 rapes reported in 2015 and 2016… Duke’s survey defines sexual assault as “any unwanted, nonconsensual sexual contact” and includes both sexual battery and rape in the definition which also combines unwanted touching and forced sexual assault “as if the severity of the offenses were the same.” [At some point parents will wake up and stop sending their sons to Duke.-SOS]
thecollegefix.com By Nathan Rubbelke 10 Years Later The legacy of the Duke Lacrosse Scandal
The Office for Civil Rights’ ‘Dear Colleague’ letter changed everything. The 2011 Dear Colleague letter established three important precedents that would harm the quest for fairness in college disciplinary proceedings. First, it enshrined the preponderance-of-the-evidence standard. Second, “OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing.” Lastly, the letter established the right of complainants to appeal an unfavorable outcome—a departure from the norms of Western justice, which traditionally hold that not-guilty verdicts are final…An increasing number of legal experts admit that there’s something deeply disturbing about the approach championed by OCR.
reason.com By Robby Soave