Of all the campus cases since the Dear Colleague letter, the Amherst case is the worst. This case featured a student (JD) who not only could use his accuser’s own words to prove his innocence, but could demonstrate from the college’s own findings that he was, plausibly, a sexual assault victim—and yet the college culminated a biased process by expressing disinterest in his evidence. If Amherst could get this lawsuit dismissed, it would be hard to imagine any set of facts in which an accused student could be certain of prevailing. On Tuesday, however, Judge Mark Mastroianni, an Obama appointee, allowed the lawsuit to proceed. There’s little reason to believe that Mastroianni was eager to make this decision. This is a judge who didn’t appear ideologically inclined to side with the accused student. (In a case at UMass, he sided with the university, despite ample grounds for doubting UMass’ fairness)
This is a terribly tragic story of discrimination and what bystander intervention really looks like. A TIX sexual assault complaint was filed by a nosy 3rd party female…Doe attempted to put an end to the matter at once: Grant Neal (the accused) recorded her making the definitive statement, “I’m fine and I wasn’t raped” to university officials. But no one cared. In the eyes of the university, it was not Doe’s place to determine whether she was a victim of sexual assault—that was the investigators job. The man in charge of investigating whether Grant Neal had raped Doe first told Neal to open emails from Doe his girlfriend, and then later told him he could be disciplined for opening them. “That’s when I immediately knew,” said Neal. “That’s when I really knew that the situation was above my control.”.. After denying Neal any meaningful way to demonstrate his innocence, CSU-Pueblo effectively ended his career, cancelling out his scholarships and opportunities to play football and pursue a wrestling career. Read Mr. Neal’s interview below.
reason By Robby Soave
Georgia state representative Earl Ehrhart has won committee approval for legislation that would remove the adjudication of felony sexual assault from campus administrators and return it to law enforcement. Ehrhart’s bill HB51 would go a long way toward establishing a system that could produce real justice. watchdog By Ashe Schow
Here’s a video of the bill’s discussion. SOS is very grateful to Attorney Charles Jones for supporting HB51 and for speaking out (in the midst of jeers) on behalf of the falsely accused who must remain silent due to college settlement agreements.
San Diego State University violated “procedural fairness” by refusing to let a student accused of rape have an advocate “with the same or substantially similar skills, training and experience” as his accuser’s advocate, ruled California Judge Wohlfeil. Wohlfeil also denounced the university’s “well-intentioned, but deeply flawed, administrative system to investigate and review complaints of student misconduct,” which stacks the deck against accused students. “The disparity of these circumstances is enough to shock the Court’s conscience,” the judge wrote.
“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
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