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
Every defender of due process rights should take heart. Education Secretary-designate Betsy DeVos was asked whether she would uphold the Education Department’s 2011 “Dear Colleague” letter regarding campus sexual assault. DeVos didn’t give a “yes” or “no” response, but instead said she knew there were “a lot of conflicting ideas and opinions” surrounding the document. “If confirmed, I look forward to understanding the past actions and the current situation better and to ensuring that the intent of the law is actually carried out in a way that recognizes both the victim -the rights of the victims – as well as those who are accused.”
watchdog.org By Ashe Schow
Families Advocating for Campus Equality’s press release criticizing Obama’s last-minute efforts to reinforce Title IX overreach
January 9, 2017 – In recent weeks President Obama has made two key civil rights appointments in an apparent attempt to strengthen his administration’s ideological stranglehold over the issue of campus sexual harassment.
On December 15th, Obama appointed Catherine Lhamon, current head of the Department of Education’s Office for Civil Rights (OCR), to the nonpartisan U.S. Commission on Civil Rights, a position guaranteed through 2020. As head of OCR, Lhamon co-authored and aggressively enforced the infamous April 2011 Dear Colleague Letter (DCL), which coerced college and university campuses across the nation to adjudicate complaints of sexual misconduct on a “more likely than not basis,” while simultaneously constraining schools’ ability to provide procedural protections intended to ensure accused students are presumed innocent and disciplinary findings are reliable.
U.S. Senator James Lankford (R-OK) has repeatedly echoed the objections of members of congress, scholars, legal experts and various organizations by condemning the illegally-issued 2011 DCL for its failure to provide “essential protections” to accused students which, ‘“coupled with the requirement of a lower standard of proof, indisputably tips the playing field against the accused, making the disciplinary process anything but “equitable.”’
That Lhamon is personally biased against students accused of sexual harassment is indicated by evidence she “played a key role in the infamous Rolling Stone rape hoax,” which conveniently dovetailed with Lhamon’s preferred narrative that our nation’s campuses are hotbeds of depravity. Last week, OCR’s public list of open investigations of purportedly recalcitrant colleges and universities had reached 300, while students who appear to have been wrongfully accused continue to file lawsuits at the rate of at least one each week, and their success rate is improving. Hundreds of traumatized students and their families have sought support and guidance from FACE.
In an effort to guarantee continued enforcement of misguided and illegal OCR Title IX policies, on January 4, 2017, Obama appointed Harvard’s controversial Title IX officer Mia Karvonides as OCR’s head Title IX enforcement officer. Not only have Ms. Karvonides’ radical sexual harassment policies raised the ire of two dozen Harvard law professors who argued the policies “lack the most basic elements of fairness and due process,” and “are overwhelmingly stacked against the accused,” but Harvard students also criticized Karvonides’ explanation of “unwelcome conduct” as unintelligible. This is hardly surprising, as the Obama administration’s definition of “unwelcome conduct” is similarly vague and expansive (“name-calling, graphic or written statements”), and inexplicably instructs campuses to disregard whether or not a subjectively offensive act was intended to harm.
Not to be outdone, on January 5, 2017, Vice President Biden issued his own letter to the nation’s colleges and universities exhorting them to continue implementing the disastrous effects of OCR’s aggressive Title IX enforcement policies. Biden’s letter relies on the repeatedly discredited one-in-five-college-women-are-assaulted statistic, even as his linked January 2017 “Guide” cites a U.S. Bureau of Justice Statistics study which showed non-students of the same age group are 1.2 times more likely to be sexually assaulted than are college students.
As a representative of hundreds of students adversely impacted by the Obama administration’s ill-conceived campus sexual harassment policies, FACE urges congress to take immediate and decisive action to counteract any and all efforts to prolong enforcement of those policies, and to restore civil rights on campus.
FACE advocates for equal treatment and due process for those affected by sexual misconduct allegations on campus and to support those students and their families through outreach and education. www.facecampusequality.org