Colleges and universities have adjudicated countless allegations of sexual assault among their students despite their lack of both the tools available to law enforcement to ensure a thorough investigation and the ability to conduct a trial in a fair and orderly manner. Unfair proceedings that lead to unreliable outcomes benefit no one… Over the past five years, however, a particularly dire situation has emerged for the increasing number of students who find themselves accused of sexual misconduct on campus… Many recent court decisions and ongoing legislative efforts are pushing the pendulum back in the other direction toward fairer processes on campus, but there is still a long way to go.
heritage.org By Samantha Harris
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
University of California Regents have appealed a Superior Court judge’s ruling that found UC San Diego was unfair to a student who had been suspended after being accused of sexual misconduct.
sandiegouniontribune By Gary Warth
In the last half-year, federal district courts around the country have issued decisions in cases against universities filed by students disciplined for sexual assault…The details of these cases are presented below
title-ix.blogspot.com By Erin Buzuvis
Amherst plays down damning text messages by rape accuser, responding to ‘blacked out’ student’s suit
Amherst’s defense is largely that its investigative and adjudicative processes worked, and that Doe’s attempt to introduce new evidence – damning text messages by Jones – fell outside of his seven-day appeal period.
thecollegefix.com By Matt Lamb
“We are just as innocent today as we were back then”…North Carolina’s attorney general declared three former Duke University lacrosse players accused of sexually assaulting a stripper innocent of all charges…”The Duke lacrosse case has shown that our society has lost sight of the most fundamental principle of our legal system: the presumption of innocence.”
A federal judge ruled .. when a college promotes the idea that a woman’s post-intercourse regret is tantamount to rape, it manufactures a climate of gender discrimination against male students that can “railroad” (the court’s word, not mine) the innocent who are wrongly accused of sex offenses.
…in recent cases, while failing to persuade a court of gender bias, have succeeded on claims of breach of contract, negligence, or by demonstrating that the school acted arbitrarily and capriciously in administering its policies.
www.bostonlawyerblog.com By Naomi Shatz
Just as affirmative consent standards are proliferating at campuses across the country, a Tennessee state judge issued a ruling that casts doubts on their legality… Critics of affirmative consent have long argued that this standard perverts due process by essentially requiring the accused person prove that he is innocent. McCoy’s ruling is a full-throated endorsement of this reasoning. www.the-american-interest.com
The case is being watched nationally as concern has grown that the intensified crackdown on campus sexual assault over the last few years has at times skewed too far against those accused.
www.latimes.com By Teresa Watanabe
Clark University’s Female-centric environment’was ‘at its peak’ when Doe was tried…The “most important fact of our case is that there was no alcohol involved in this case,” Doe lawyer Terri Leary. The case also sticks out because the students were “developing a relationship, so this wasn’t a random hookup.”
www.thecollegefix.com By Madison Iszler