Jane texted a friend “I’m wasted” and “I’mgoingtohave sex now,”…Under the current guidelines recommended by the Office for Civil Rights, schools have considerable leeway in how they structure their investigation and adjudication processes..Three months later, John would find out he’d been expelled.
www.esquire.com By Richard Dorment
Five months after Rolling Stone magazine published a controversial story about the alleged gang rape of a female student at the University of Virginia, the police department in Charlottesville, Va., announced it was unable to corroborate the student’s story.
www.csmonitor.com By Cristina Maza
Josh’s expulsion from his dream school occurred even though there wasn’t sufficient evidence for a grand jury to indict him… The point is that there are two sides to these stories, and the loudest activists in the media and in Congress and at the Department of Education are only listening to one side.
www.washingtonexaminer.com By Ashe Schow
People often wonder why college administrators try to adjudicate these fiendishly difficult cases, rather than putting them in the hands of the criminal justice system.
www.nytimes.com By Judith Shulevitz
The frenzy over college sexual assault now sweeping the nation was triggered by a specific event… our detour into madness might never have happened had those investigative journalists at NPR and the Center for Public Integrity resisted their “nightmare” narrative and just reported the truth.
www.thedailybeast.com By Christina Hoff Sommers
If there is a widespread perception that the balance has tilted from no rights for victims to no due process for the accused, we risk a backlash. It takes only a few celebrated false accusations of rape to turn the clock back….Indeed, feminists should be concerned about fair process, not just because it makes fact-findings more reliable and more credible, but for its own sake.
prospect.org By Nancy Gertner
One of the challenges of defending the falsely accused is that falsely accused college boys have many incentives to stay silent. Their entire future is at stake. Colleges demand confidentiality, and aren’t willing to advertise outcomes even in aggregate. So any report that provides hard data is helpful. EduRisk, part of United Educators, produced a report in 2011, titled: “Student Sexual Assault: Weathering the Perfect Storm.”
From 2006-2010, United Educators (UE) received 262 claims of student-perpetrated sexual assault, which generated more than $36 million in losses for UE and our members. The claims data show that students accused of perpetrating a sexual assault are just as likely to sue the institution as accusing students.
Colleges are doing such a bad job adjudicating that the accused are bringing half of the law suits. Even more surprising, is that they are costing the schools a lot more than that:
In UE’s five-year study, 96 percent of the student-on-student sexual assault claims involved acquaintances. Students accused of assault brought 54 percent of the claims and comprised 72 percent of the financial losses—composed of legal fees and payments to claimants.
The accused are winning their cases when they have a reasonable shot at due process.
But many are ending up in court after a botched adjudication:
Three-quarters of the student sexual assault claims resulted in litigation. Claimants argued that educational institutions:
- Did not follow their policies and procedures
- Had confusing or unclear policies and procedures
- Did not respond promptly or reasonably to an assault report
- Treated the victim or the perpetrator cruelly or unfairly
These four issues translated into the following causes of action (in order of frequency): negligence, breach of contract, Title IX violations, intentional infliction of emotional distress, and fraud. Less commonly alleged causes of action included defamation, due process violations, and breach of the covenant of good faith and fair dealing.
This is an impartial report coming from a school insurer which addresses the financial impact of lawsuits related to campus sexual assault. It should be noted that this was before the current set of unreasonable campus policies with a ‘preponderance of evidence’ standard and other directives that radically increased the likelihood of kangaroo courts doling out biased results. But it still shows the many problems with campus adjudications.
This seems to me to be as hard evidence as you can find that these case (at least up until 2010) are not getting resolved by schools, and that schools are incapable of resolving them in a way that doesn’t just end up in the courts anyway: making for a terrible experience for the accusers and the accused.
Update: news story that relates to this insurance issue for colleges:
It is painful to go back in time and remember what took place in my heart and mind when my son was falsely accused of sexual assault while attending college. But I feel it’s important to speak out for historical documentation. Our sons are suffocating under the illegal and immoral treatment directed at them from their own beloved college. And because colleges demand confidentially, their injustices against our sons goes unnoticed. Colleges kick our sons to the curb, expediently expelled, and branded with a lie, with little hope of transferring elsewhere for higher education.
Well I’m a mother, and I say Silent No More let’s Save Our Sons together.
Lets begin. 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.
Like I said, Silent No More.
– Mother of a falsely accused son, working to clear his name.
Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following:
washingtonpost.com Signed by 28 Harvard lawyers