California Governor Jerry Brown vetoed SB169, there by refusing to codifying 2011 Obama era guidelines. Thank you Jerry for supporting the presumption of innocence! Read Gov. Brown’s veto statement here.
Positive legislation, Charges Dropped Against Males, Girls Charged for Making False Accusations
This is my story about how a Title IX regulatory regime designed to crack down on sexual assault managed to ensnare me, a professor, for telling colleagues 20 years ago about how I proposed to my wife…As is customary, I was not immediately notified I was facing sexual harassment charges and initially, my Title IX inquisitor refused to tell me I was accused of sexual harassment and gender discrimination…The investigator became much more conciliatory once he learned I’d retained counsel. Most of the accused, particularly students, aren’t so fortunate.
deseretnews.com By Nicholas Wolfinger
According to a recent headline by Rasmussen Reports, “Most Americans Agree with DeVos on Sexual Misconduct Cases.” That headline however is an understatement. Respondents were asked whether they agreed or disagreed with DeVos’s statement that “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” 73 percent agreed with that statement, compared to only 6 percent who disagreed, leaving 20 percent not sure how they felt about it.
thefire.org By Joe Cohn
On Oct. 4, 2017 FIRE testified at the Department of Education’s hearing on regulatory reform, which sought public input on “regulations that may be appropriate for repeal, replacement, or modification.” FIRE took yet another opportunity to ask the department to prioritize fair procedures and due process for both alleged victims of sexual misconduct and those accused of it. Read the full text of FIRE’s comments, delivered at the department’s headquarters in Washington, D.C.
thefire.org By Alex Morey
Education Secretary Betsy DeVos formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations- rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far more forceful due-process protections down the road…The Obama decrees flouted basic principles of sound policymaking and violated the notice-and-comment provisions of the Administrative Procedure Act of 1946.
weeklystandard.com By KC Johnson and Stuart Taylor Jr.
Martha MacCallum speaks with Betsy DeVos on her new directives involving sexual assault policies on campus and restoring due process. @FOXnews.com
Feminist Harvard Law Professor Janet Halley says reform is necessary and Education Secretary Betsy DeVos is starting a necessary conversation. Listen to Halley’s interview on All Things Considered @npr.org
It’s frightening that legal minds and educated people see the inclusion of due process rights as “an attack on survivor rights.” More sensible people realize that due process is not an impediment to justice, but in fact necessary to ensure fairness. In a recent survey from the Bucknell Institute for Public Policy, respondents overwhelmingly agreed that due process is necessary for those accused of the heinous crime of sexual assault. Sixty-five percent of Democrats, 77 percent of Republicans, and 67 percent of Independents told researchers they agreed with the statement: “Students accused of crimes on college campuses should receive the same civil liberties protections from their colleges that they receive in the court system.”
thefederalist.com By Ashe Schow
Education Secretary Betsy DeVos vowed to replace the “failed system” of campus sexual assault enforcement, to ensure fairness for both victims and the accused. The speech, harshly critical of rules put in place by the Obama administration, was made to invited guests at George Mason University. “Here is what I’ve learned: the truth is that the system established by the prior administration has failed too many students. Survivors, victims of a lack of due process, and campus administrators have all told me that the current approach does a disservice to everyone involved. That’s why we must do better, because the current approach isn’t working.” Read DeVos’ prepared remarks in full.
washingtonpost.com By Susan Svrluga
A federal appeals court upheld blocking a university’s suspension of a male student who argues he was completely denied his right to confront a female student accusing him of sexual assault. The court ruling said with the “he said/she said” nature of the case, UC officials needed to provide fundamental fairness to a state university student facing long-term exclusion… “What is most important as the Department of Education reconsiders the guidance provided to schools is the Court’s recognition that due process is in the interest of both the accused and the accuser,” Attorney Josh Engel said. “In this case, the court found that the ability to confront one’s accuser is important not merely because it aids in the defense by an accused student, but because it allows the school to better get at the truth of accusations.” Engel said this was the first time an appeals court has ruled that a college or university violated an accused student’s right to confront the accuser.
Education Secretary Betsy DeVos rescinded Obama-era guidance on sexual assault that ensured more innocent students accused of the abhorrent crime would be found responsible and expelled…schools will now have to adhere to 2001 and 2006 guidance from DoE. This really is good news, but there is still a long, long road ahead for colleges and students. Activists, media and legislators have succeeded in expanding the definition of sexual assault. Essentially, if a woman says she was raped, she was raped. Drunken hookups are now rape, regretted sex is rape, because, in the words of one activist, students “need some time to reflect” before deciding to make an accusation. There is virtually no way for a student- especially a male student- to have consensual sex on campus.
thefederalist.com By Ashe Schow