“Procedures that most colleges and universities use in sexual assault cases are so structurally unfair to accused students- it calls into question the schools’ commitment to pursuing the truth.” “The lower threshold as articulated in guidance in 2011 by the Office for Civil Rights provides the foundation for a likely outcome of responsibility”… “It’s not about finding the truth, or administering justice. The purpose of the guidance is to make it more likely that accused students are found responsible, whether or not they have done anything wrong.” Excerpts from ‘The Campus Rape Frenzy: Attack on Due Process at American Universities’
washingtonpost.com By Johnson and Taylor
A federal judge refused to dismiss most claims from a former Colorado State student who accuses the school of gender bias in suspending him and stripping him of his athletic scholarships after what he calls a false accusation of rape. Grant Neal sued Colorado State University, Pueblo on eight causes of action, including breach of contract, breach of faith, violations of Title IX and due process, and procedural matters. The school had suspended him and took away his wrestling and football scholarships. U.S. Magistrate Judge Craig Shaffer wrote that the school’s investigation was wrought with “bias and inaccuracy.”
courthousenews By Emma Gannon
With the NY Times setting the tone, the mainstream media have presented a misleading picture of almost every aspect of the campus sexual assault problem. The coverage has three critical flaws. The first is the “believe-the-survivor” dogma, which presumes the guilt of accused students. Second, journalists have embraced without skepticism or context surveys purporting to show that 20 percent of female college students are sexually assaulted-Third, media coverage of alleged sexual assault on college campuses fails to report in any meaningful way the actual procedures that colleges employ in sexual assault cases… SOS requests that NY Times speak with FACE and write an honest story about those accused.
The U.S. legal system operates on the theory that the accused is innocent until proven guilty. But Stuart Taylor argues that, when it comes to sexual assault allegations, college campuses are turning the American justice system on its ear and declaring young men guilty based on accusations alone.
What do campuses say is sexual assault? 2:26
What if the man and the woman are both intoxicated? 6:08
“Pressure from government to hand down guilty verdicts” 7:08
What happens if you question the campus orthodoxy? 8:35
“What we oppose is presumption of guilt” 10:52
“There is no rape culture” 11:51
“Campus rape activists do not take rape statistics seriously” 14:55
“What is it like to be falsely accused?” 15:32
Activists admit that their methods don’t work 19:22
“Activists say it’s better to presume guilt” 19:59
How does the media deal with campus rape claims? 24:01
Mattress girl 27:12
What happened to due process? 28:17
The roots of campus rape hysteria 33:21
“Is there a way out of the false campus rape narrative?” 35:21
Georgia State Rep. Earl Earhart has won committee approval for legislation that would remove the adjudication of felony sexual assault from campus administrators and return it to law enforcement. The bill would require any college or university employee who is told about a sexual assault that falls under the definition of a felony to report the crime to law enforcement. The actual text of the legislation is quite short, and takes less than a minute to read. Yet still it has been mischaracterized. Ehrhart has made campus due process one of his pet issues and this bill would go a long way toward establishing a system that could produce real justice.
watchdog.org By Ashe Show
Conviction in criminal trials in the USA requires establishing a defendant’s guilt beyond a reasonable doubt. By contrast, in Title IX proceedings allegations of wrongdoing are adjudicated according to a much lower ‘preponderance of the evidence’ standard. This article provides a framework for using information regarding false conviction probabilities in criminal trials to model the probability of false guilty verdicts in Title IX proceedings. An innocent person facing a 4% of being found guilty under the beyond a reasonable doubt standard would face a 33% probability of being found guilty under Title IX’s preponderance of the evidence standard…when the burden of proof is preponderance of the evidence, the risks faced by innocent defendants will be substantial.
academic.oup.com A-probabilistic-framework-for-modelling-false By John Villasenor
Many parents have no idea what is happening to our young men on college campuses today, the innocent are being falsely accused, and families are being destroyed. At the heart of the problem is a legal system that has created broad definitions, weakened due process, and removed the presumption of innocence. Attorney Cynthia Garrett, Co-President of Families Advocating for Campus Equality (FACE), and Board President of Stop Abusive and Violent Environments (SAVE) describes the devastating impact that the 2011 “Dear College” policy has had on young men who have been falsely accused of sexual misconduct
politichicks.com By Sonya Sasser
The latest filings in the Jack Montague case at Yale confirm why negotiations between the two sides failed. Montague’s was a case that never should have been brought. The accuser was unwilling to file a complaint herself-despite strong pressure from Yale’s Title IX officials. So Yale’s Title IX officials filed the complaint themselves-ignoring the fact that the university’s own procedures gave the Title IX office very limited justifications (none of which applied in this case) to substitute itself for the accuser as the complainant.
academicwonderland.com By KC Johnson
A lawsuit was filed in November 2015 by the UVA chapter of Phi Psi and has been in limbo while Dean Eramo’s lawsuit moved forward. An attorney for Phi Psi said Monday they’re seeking a “broader area of inquiry” than what was requested by Eramo, and a judge has again ruled that Jackie must comply with a subpoena to turn over documents relating to the case…Jackie’s claims about a gang rape fell apart once it was discovered that the man she allegedly had a date with on that night didn’t exist. Numerous doubts began to emerge, leading to a retraction from Rolling Stone, an investigation of what went wrong from by Columbia Journalism Review, and three lawsuits.
watchdog.org By Ashe Schow
Imagine that President-elect Trump promised he would make it easier to deport immigrants who had been accused of a crime. People would be rightly outraged. They would point out that an accusation is not the same thing as a conviction, and that people were surely entitled to a fair hearing before having the course of their lives permanently altered. Say the same thing about students accused of sexual misconduct on campus, and you will get quite a different response. If you voice support for due process rights in this setting, you’re likely to be accused of not caring about justice. People accused of serious wrongdoing of any kind, people whose futures are rightly at stake given the severity of the accusations against them, deserve a fair process that affords them a meaningful opportunity to defend themselves. To understand this, consider the University of Kentucky lawsuit…
washingtonexaminer.com By Samantha Harris