This month, thousands of college students are heading back to school, but we wonder how many will be destroyed by biased Title IX sexual misconduct hearings. Accused college students are denied fundamental due process rights such as witnesses appearing on their behalf, the introduction of exculpatory evidence, and the ability to question or cross examine the accuser’s account. Equally troubling is that, with young lives hanging in the balance, attorneys are often barred from participating in university Title IX hearings. We need the Dept. of ED to issue regulations that give students access to consistent, clear, and transparent processes that provide fair and equal treatment to both parties and ensure impartiality in the investigation.
washingtonexaminer.com By C.D. Mock
A Title IX investigation resulted in Matt Boermeester’s dismissal from the football team and left Zoe Katz fearful—of the school, not her boyfriend…Zoe Katz, a 22-year-old college student, waited six months to go public with her side of the scandal that’s darkened her senior year at the University of Southern California. She waited not because she fears retribution from an abusive partner, as her school’s Title IX office reportedly insists. But, by her own account, because she was (and remains) afraid of recrimination from the Title IX office that investigated and suspended her boyfriend, a member of the football team, for “abusing” her—an allegation she firmly denies. “I want to be very clear that I have never been abused, assaulted or otherwise mistreated by Matt,” she wrote in a two-page statement
weeklystandard.com By Alice B. Lloyd
A U.S. district court judge has ruled former Liberty University football player Cameron Jackson can move forward with seven of the 18 claims in his lawsuit filed against the school and other defendants. The lawsuit seeks approximately $100 million in compensation for damages to Jackson’s academic and athletic career, as well as to his reputation. The lawsuit casts doubts on the accuser’s charges and alleges she acted maliciously, the response of Liberty and its employees was inept and that staff did not protect Jackson from on-campus harassment aimed at him by other LU students, which caused Jackson to stop attending classes.
newsadvance.com By Josh Moody
Attorneys for former USC kicker Matt Boermeester have filed a petition in Los Angeles County Superior Court seeking to have his expulsion from the school overturned. Boermeester, who kicked the winning field goal in the Rose Bowl in January, was removed from the football team later that month after an alleged incident with his girlfriend, Zoe Katz, outside her home. The kicker was expelled in July after an investigation by USC’s Title IX office. Matt’s girlfriend, Zoe Katz called USC’s Title IX investigation “horrible and unjust.” She was adamant that she has “never been abused, assaulted or otherwise mistreated by Matt.”
It is not often that the veil of university Title IX procedures is lifted, but when it is, as described in Zoe Katz’s heartfelt letter regarding her Orwellian experience at the University of Southern California, the public captures a glimpse of the dystopian inner workings of a system designed to “help” victims of sexual assault.
washingtonexaminer.com by Cynthia P. Garrett and Alison Scott
Over the past six years, students who believe they were falsely accused of sexual assault have sued colleges. On average, United Educators and colleges ended up paying $187,000 per case. In 40 percent of the cases, institutions were out more than $200,000. In nearly 60 percent of the accused-student cases reviewed, at least one of the students involved had consumed alcohol.
chronicle.com By Sarah Brown
University of Cincinnati is desperate to claim the nation’s most unfair campus sexual assault process. In this case, two students met on the Tinder app. The female later claimed the sex wasn’t consensual; the male said it was. At the hearing, neither the accuser nor the Title IX investigator, bothered to appear, denying indirect cross-examination. Panel Chair:’ OK, so the complainant is not here…Respondent, do you have any questions of the Title IX report?’ Accused Student: ‘Well, since she’s not here, I can’t really ask anything of the report.’ The student was found guilty and then sued. UC maintained that its denial of any cross-examination didn’t violate the student’s due process rights.The accused’s attorney Josh Engel faced no skeptical questions from the sixth circuit appeal panel, and made important points about why due process matters.
6th Circuit Summary w Audio Excerpts By KC Johnson
One of the best ways to determine whether a case is weak is to watch good minds try and fail to make it. This is exactly what happened in the New York Times yesterday, as Jon Krakauer and Laura Dunn teamed up to defend the Obama administration’s incoherent, unlawful, and disastrous streamlining of the process for punishing alleged campus rapists…There is an important word that appears nowhere in Krakauer and Dunn’s essay: “Constitution.” They act as if the Department of Education has complete discretion to determine the proper legal standards in such cases, which it most surely does not. DeVos isn’t just right to re-examine those directives; her re-examination is a constitutional imperative.
nationalreview.com By David French
I have written for several years on my belief that Title IX investigations on campus are fundamentally broken. But even I’m stunned to see some of the stories – like the one involving USC kicker Matt Boermeester. Here you have a boyfriend and girlfriend in a one year relationship who are allegedly playing around outside their apartment. An unnamed witness sees this -we know nothing about this witness – tells a USC athletic department official and then a Title IX investigation ensues and shortly thereafter Matt is kicked out of school. All because one anonymous witness saw the duo playing around outside their apartment. And if you think Matt Boermeester at USC is the only innocent victim, you’re wrong. There are thousands of other students just like him all over this country. It’s way past time for reasonable people to acknowledge campus Title IX investigations are broken and return some sanity to the system.
Many male students have confidentially reported that they had to deal with Title IX terrorism during their education at USC – which led them to experience ostracism, negative mental health, and dropping grades even in situations which did not lead to suspension and expulsion. The fact that there are eight lawsuits and an unprecedented Federal investigation should speak for itself; since many students fear retaliation and/or cannot afford legal counsel, this number is only a minor fraction of the male victims harmed by Kegan Allee’s campaign of terror…So the question is, why does USC sustain such a hostile atmosphere against male students despite so much legal trouble?