Students in University System of Georgia institutions are getting more due-process protections in campus sexual-assault proceedings, following recent legislative attempts to protect the wrongly accused. In cases that could result in suspension or expulsion, colleges will have to notify the university system itself. Accused students will get written notice of the complaint and allegations and the right to remain silent “without an adverse inference resulting,” among other safeguards. Because “due process is the standard now,” Rep. Earl Ehrhart is convinced that “false allegations won’t have a place to survive.”
thecollegefix.com By Jorin Burkhart
Positive legislation, Charges Dropped Against Males, Girls Charged for Making False Accusations
Sexual assault charges against a former Davidson baseball player have been dropped due to lack of evidence. “My client did not assault the accuser in any way. Normally I don’t comment much in the press, but I feel I need to speak up about one thing: those were strange days earlier this year when college students marched, and a college president opined, against the American principle of the presumption of innocence. I am glad wiser heads prevailed.” Attorney Fialko.
wccbcharlotte.com By Amy Cowman
“Recently, Inside Higher Ed published a story regarding the University System of Georgia (USG) that contained significant misinformation about the USG’s Title IX and student conduct policies. As the Title IX Administrator for the University System of Georgia, here is my response to set the record straight regarding our commitment to campus safety and to ensure consistency and quality in student conduct investigations across the University System.” -Kimberly Ballard-Washington, associate vice chancellor USG
The sexual assault charges brought against former Cornell basketball forward Xavier Eaglin ’19 in March 2016 have been dismissed. Although Eaglin no longer faces criminal charges, he will not be able to return to Cornell. After his arrest, Eaglin was dismissed from the basketball team and banned from campus. He spent seven days in jail before he was bailed out by his parents and then returned home. “We are just thankful justice prevailed and that we can start repairing our lives,” said Eaglin’s mother Clara Eaglin.
cornellsun.com By Anna Delwiche
Mary Zolkowski, a Michigan college student was charged Monday after she falsely reported to campus police that she was attacked and raped. Police said she told them that the suspect was an acquaintance. Mary said she didn’t give consent because she was too intoxicated. She also refused a physical examination. Facts proved that this was a false college rape accusation and Zolkowski was arraigned for one count of false report of a felony.
nypost.com ByJackie Salo
The U.S. Department of Education on Friday asked a federal court to put on hold for 90 days a lawsuit challenging hotly contested guidance from the Obama administration on campus sexual-assault policy, while the department reviews the guidance that is being challenged. The motion stated that the government had consulted with lawyers for the plaintiffs, who did not oppose the request.
chronicle.com By Nick DeSantis
A rape charge has been dropped against one former Lindenwood University men’s basketball player, and a second former player pleaded guilty to a misdemeanor. Asked about the dismissal and the plea, Prosecuting Attorney Tim Lohmar said, “Any time you’ve got what appears to be a credible allegation of date rape, you’ve got to take it seriously.” But Lohmar said that further investigation showed the case was “not as it first appeared.”
More than two years after he sued Amherst College for declaring him a rapist because a female student sexually molested him while “blacked out,” the second-generation Asian-American plaintiff known only as “John Doe” has achieved a measure of justice. A federal judge in Boston dismissed the litigation Wednesday following a settlement that the parties brought before the court Friday.
thecollegefix.com By Greg Piper
Background on this insane case: Neal’s TIX investigation was based on a complaint from another female. Neal’s girlfriend did not accuse him and both Neal and his girlfriend contend their sex was consensual. Neal was not charged in court with rape or any crime…Neal filed a lawsuit against CSU Pueblo stating that gender bias against male athletes and the university’s self-interest in its reputation were reasons he was suspended indefinitely in 2015…Recently the State Claims Board voted to approve CSU Pueblo’s monetary terms of the settlement agreement. “The agreement included monetary and a number of non-economic terms.” Hopefully now Grant Neal will resume his college education and get his degree.
Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct. Both parties should receive written notice before a formal investigation begins, both parties should be allowed to participate in an investigation, both parties should be allowed to review a school’s initial investigative report and to respond to the final report, and both parties should have a right to appeal, according to the report by the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection.
abajournal.com B D.C. Weiss