A week after U.S. Education Secretary Betsy DeVos announced a review of Obama-era guidelines on campus sexual assault, the California Legislature voted to enshrine the former president’s rules into state law. In 2011, the Obama administration established guidelines meant to spur more aggressive action against campus rape and harassment. DeVos has argued that policy does not properly protect the rights of the accused.
latimes.com By Melanie Mason
A federal judge recently ordered the public university to let “John Nokes” back on campus, lift his punishments (save for a no-contact order) and not release his real name, as Nokes’ lawsuit against the public university continues. Miami University may be in a mood to settle, and not just because U.S. District Judge Michael Barrett shredded its adjudication procedures for failing the most basic rules of fairness – notably, the opportunity to cross-examine “adverse witnesses.” The university also has already drawn a warning from Barrett for violating the rules of his court
thecollegefix.com By Greg Piper
Eighteen of the 48 Senate Democrats tweeted about Betsy DeVos’ Thursday Title IX speech. Each criticized the speech. None of the Democratic senators mentioned fairness, due process, or the presumption of innocence.
academicwonderland.com By KC Johnson
Assertions about how trauma physiologically impedes the ability to resist or coherently remember assault have greatly undermined defense against assault allegations. But science offers little support for these claims… Listen to the audio version of this article soundcloud.com: the-bad-science-behind-campus-response-emily-yoff:
theatlantic.com By Emily Yoffe This is the second story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the first installment here, and the third one here.
DUE PROCESS Report: Universities Deny Fair Hearings. DO NOT Guarantee The Accused a Presumption of Innocence
According to a first-of-its-kind report from the Foundation for Individual Rights in Education, a new survey reveals that the overwhelming majority of America’s top universities fail to provide students accused of serious misconduct with the most basic elements of fair procedure. A shocking 85 percent of top institutions maintain policies that receive a D or F grade for due process protections. Nearly 74 percent of institutions don’t even presume a student innocent until proven guilty. “Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”
So you’re a thoughtful liberal and you have friends who voted for Trump – and you know for a fact that your friends are neither bigots nor buffoons. How could they feel so desperate, politically speaking, to cast their ballots for Trump? For a sense of the answer, look no further than Education Secretary Betsy DeVos’s announcement Thursday that her department would revisit the Obama administration’s Title IX guidelines on campus sexual assault. The guidelines, she said, had “failed too many students” by radically curtailing due process. She’s right.
nytimes.com By Bret Stephens
At many schools, the rules intended to protect victims of sexual assault mean students have lost their right to due process—and an accusation of wrongdoing can derail a person’s entire college education. Many remedies that have been pushed on campus are unjust to men, and ultimately undermine the legitimacy of the fight against sexual violence.
This is the first story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the second installment here.
theatlantic.com By Emily Yoffe
The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations. In a speech today, Betsy DeVos decried “a system run amok,” “kangaroo courts” and repeatedly emphasized the plight of the accused. In an emotional address, DeVos told anecdotes about accused students contemplating, and committing, suicide. She mentioned a controversial case in which a University of Southern California football player was expelled for what his girlfriend says was merely “playful roughhousing.”
“Are you today rescinding the Obama administration guidelines?”…”Well, that’s the intention, and we’ve begun the process to do so,” DeVos responded. “And as I’ve said earlier, in all of this discussion, it really is a process not an event.” She reiterated, “But it is the intention to move beyond that and move towards a better way.
In a major speech assailing the deprivation of due process protections under the Obama administration, Education Secretary Betsy DeVos will vow to rein in the federal guidance compelling colleges to adjudicate sexual assault disputes between students.
reason.com By Robby Soave