This series is intended to show readers how incredibly inept colleges and universities are when it comes to rape complaints. Take the case of John Doe v. Boston College. It was forensically proven through surveillance, DNA, and a polygraph, that he was innocent. All charges criminally were dropped. However at the school level he was immediately suspended and kicked off campus. No one was allowed to testify on his behalf, the school would not take his statement. He had no way to prove his innocence.
huffingtonpost.com By Jessica Denis
John Doe seeking $3 million from BC: bostonglobe.com
Earl Ehrhart is worried about his sons… he has heard all about the college sexual-misconduct hearings in which young men are presumed guilty until proven innocent. The proceedings are flawed, he says, they’re like “kangaroo courts.” Ehrhart fears that his boys—as with male students across the state—could end up expelled based on a false accusation of rape. That’s why, in April, the Republican lawmaker and his wife sued the US Department of Education and its Office for Civil Rights,
motherjones.com By Madison Pauly
This is my own story of what happened when the phone rang late one night.
..”don’t worry Mom, I’m fine but I’ve been taken out of my dorm room and moved elsewhere…. A girl and I had sex a few weeks ago, … she filed a complaint against me…. She agreed to have sex, I have it in writing,… I don’t know why she filed. Also Mom, I’m on suicide watch.”
That’s how my family’s nightmare began.
Initially I wanted to run and be on campus with him. He was a first year student. Who did he know that could be his protector against such an unfounded lie from this college girl?
Well I slowly learned over the months, that the college would do nothing to help my son through their Kafkaesque college investigation and hearing process. But the college would do everything and more, to help the girl in all ways possible, at all times. When we asked to see what the charges were, or other pertinent questions we were met with no comment, or you have to figure that out for yourself. Thankfully, we had an attorney who communicated with the college. Often he didn’t succeed any better than we did in obtaining information about the upcoming hearing, but we could commiserate together at the brazenness and arrogance of the college. In the months leading up to the hearing, I was thinking, this is my 18 year old son and this is how you treat one of your finest and brightest students? How dare you. You trample on his rights, your treat him as dangerous, and act as if he’s guilty before the college hearing even takes place? Before you review the evidence? Shame on you!
I think this was my biggest faux pas. I believed that the college, as an educational institution teaching truth and justice, would do the right thing. Act in a fair and impartial manner, as one would do in a court of law. I actually assumed they would look at the facts, and based on those facts, find my son innocent. I was naive. I didn’t know that the college had already pre-determined that my son was guilty, right at the moment the girl filed her complaint.
So it didn’t matter that a criminal investigation cleared my son, or that the police looked at the evidence and didn’t press charges or that witnesses offered to testify for my son. It really didn’t matter what evidence we had to prove his innocence, because the adjudicator refused to allow most of my son’s evidence into the college hearing. But what did matter at the college hearing was that the girl had as many staff around her as she needed to keep her upright and hold her hand. So that during the daylong hearing, she and her female friends could unleash their hatred at my son for his alleged assault and spew their fear-based, anti-male words at my son. He most certainly got a hysterical feminist tongue lashing from the staff, and also from the pitiful weak minded wounded girls (includes one of her witnesses.) Of course my son was shaken up. Who wants to be trapped in a room with girls yelling vicious lies at you for seven hours?
And of course, he must sit still, listen and take it. No rebuttal.
It is an unimaginable process that these college hearings engage in. Many of my son’s rights were denied. He didn’t have the right to review the evidence, or to question the witnesses, little cross examination was allowed, and he was denied his due process rights. Basically, this was not a fair and impartial college hearing; also his attorney wasn’t allowed in the hearing room; but of course college staff were permitted in the hearing room to sit and coddle the girl. And most of the staff supporting her had law degrees. Many constitutional rights were denied to my son. These are horrific college hearings. They’ll never be exposed properly. But in time I do hope reason and fairness will win and college boys will have their constitutional rights upheld in the future.
When the finding of guilt was emailed to my son, we were shocked. His friends were in disbelief. The sly adjudicator twisted words and logic into a pretzel, and found my loving, generous, handsome and kind-hearted son guilty. This injustice was very hard to take, and my son’s education, and successful future, has faltered because of this girl’s false accusation. She continues her education in college, very much in la-la land, insulated by neo-feminists, and wrapped in her own lie and label.
Today we continue to be in legal proceedings with the college, where their goal is to delay proceedings, and run us into the ground financially. But when you have an innocent son, nothing stops a mother from fighting for truth and justice.
– Mother of a falsely accused son,
Still fighting, having filed a lawsuit against the college for violating his rights three years ago
The following letter was sent to Stanford University’s Professor Michelle Dauber…”one aspect of your recent advocacy troubles us: the nascent campaign you have championed to recall Judge Aaron Persky, who sentenced Turner. We have deep reservations about the idea of a judge — any judge — being fired over sentencing decisions that the public perceives as too lenient.”..The letter was from 53 graduating Stanford Law students, representing nearly a third of the total class of 180 students.
Recent filings in a UC appeal of one of the most powerful opinions in favor of campus due process, by Judge Joel Pressman regarding a case at UC-San Diego, suggest that for accused students in the Cal system, their leadership believes that, in effect, they have no due process rights…The three big procedural issues were: access to exculpatory evidence, cross-examination, and the investigator’s role.
academicwonderland.com By KC Johnson
A former University of Virginia School of Law student challenged the Department of Education’s unlawful “preponderance of the evidence” mandate. While that suit has made big news for its direct challenge to the federal government, it is far from the only lawsuit that has been filed recently in response to the due process crisis on college campuses. In fact, more than ten new complaints have been filed in the past two months alone.
thefire.org By Samantha Harris
This should be Good News. The Washington Post conducted a review of federal campus safety data from over 2,220 colleges, the newspaper’s analysis showed that over 1,300 those colleges had zero reported rapes on campus in 2014… But darn it all, here come the ladies crying fowl. One U.S. Senator is accusing colleges of knowingly sweeping rapes “under the rug” with zero actual evidence, aside from her own preconceived notions of reality. And the other, is making a bizarre statement about wanting to see reports going up and incidents going down. But, again, her preconceived notion of reality seemingly prevents her from believing that there could actually be no incidents of rape to report.
lawnewz.com by Chris White
A former University of Virginia School of Law student filed a federal lawsuit today challenging the Department of Education’s unlawful mandate that colleges abandon due process protections and try sexual misconduct cases using the lowest standard of evidence. The Foundation for Individual Rights in Education (FIRE) is sponsoring the lawsuit.
This case is clearly being used to whip a new moral panic about campus rape and “rape culture,” which will be used to step up the policing of consensual sex and punish innocent people (most but not all of them men). Whatever one thinks of the sentence, letting self-righteous outrage mobs and ideological zealots such as Stanford law professor Michele Dauber shape law and policy is extremely dangerous.
allthink.com By Cathy Young
OCR found insufficient evidence that Occidental violated Title IX, “except with respect to the issue of promptness in several cases during the 2012-13 school year.” In short, OCR seems to approve of the idea that due process can be achieved after a questionable hearing by simply lessening the repercussions an accused student suffers… it is essential to remember that due process protections must be provided before the fact-finders reach their conclusion.
thefire.org By Susan Kruth