Lawsuits are accumulating across the nation brought by students who say they were unfairly disciplined for sexual misconduct by colleges and universities. And increasing numbers of judges are finding their complaints sufficiently valid to move forward. What makes the case so unusual, compared to others that have come before the courts and are public, is the sheer number of important procedural protections denied to the accused. In most cases, courts have found one or two things wrong, for example, inadequate access to witnesses or a failure of a school to adhere to the letter of its own written procedures...In this case, the OCR found virtually everything wrong and, therefore, a violation of Title IX’s protections against discrimination.
washingtonpost.com By Fred Barbash
DoE said Wesley suspended the student the same day he was accused, and ended up never interviewing him during the course of the investigation. He was given “the wrong policies and procedures,” wrongly led to believe he could “participate in an initial conference,” and deprived of any information in the incident report before his hearing…Wesley has agreed to review its quickie suspensions of the four accused students to determine “whether it engaged in a sufficient level of inquiry,” and complete the investigations “in compliance with Title IX.”
thecollegefix.com By Greg Piper
It’s good news for these male students who have been falsely accused. No criminal charges will be brought against two Liberty University student-athletes and one former student accused of sexual assault in September. “We have determined that there is insufficient evidence to file or prosecute any charges in this matter.” So even though the evidence proves the innocence of these males, the T9 committee has determined the male students are guilty based on feelings not facts, and expelled them…(Continuing to prove that males are unjustly denied a college education at the hands of zealots.)
newsadvance.com By Amy Trent
Hundreds of falsely accused students are enduring a flawed justice system by their college. Innocent minorities, and first generation college students are swiftly expelled never to return to higher education. It’s a breath of fresh air that The Today Show notices and has the courage to air a story about this travesty. FACE co-founder Sherry Warner Seefeld is interviewed. Watch the 7 minute Today Show video here. today.com
Tufts sophomore Jake Goldberg is a friend to SOS. His organization, Students Advocating for Students, offers guidance and support for students who have been accused and must navigate the biased Title IX system. When Jake speaks out in support of constitutionally protected free speech the college cry bullies unleash their ugly side upon him.
thecollegefix By Peter Van Voorhis
Victim-centered investigations are based on the premise of believing the accuser’s story before the gathering of evidence occurs and to always believe the accuser. Victim-centered investigations emphasize the collection of corroborative evidence supporting the accuser and discourage the collection of exculpatory evidence. Victim-centered investigations represent a departure from ethical standards of investigative impartiality, neutrality, and objectivity, thus removing the presumption of innocence from the accused. It is “an attempt to railroad accused [college] students while looking impartial.”
In my 13 years at the Foundation for Individual Rights in Education, I had never heard of any college that operated differently until 2011, when the Office for Civil Rights decided that accusers in campus cases must be able to appeal even when the accused was found not to have committed the offense. The second change, was the requirement that colleges “must use a preponderance of the evidence standard”… Most of the time, neither party to the hearings has a right to active participation of counsel. Cross-examination is limited or even forbidden. There’s no guarantee that all the evidence will be shared with both parties — even exculpatory evidence — the rules of evidence don’t apply, with hearsay and other irrelevant “evidence” regularly considered. Colleges decide for themselves who will preside over campus hearings and who will serve as jurors. .The parties are usually not placed under oath, and consequences for lying are generally nonexistent. Colleges frequently don’t even record the hearing or explain why they came to their decision…
washingtonpost.com By Robert Shibley
Sherry Warner Seefeld’s son was found to be innocent after being accused of sexual assault. The woman who accused her son was charged with lying to police. It took more than a year before before his school, the University of North Dakota, agreed to let him back on campus…Now she’s on a mission to help other families in that same “horrific” spot, as the co-founder and president of Families Advocating for Campus Equality (FACE), a support group for the accused.
startribune.com By Maura Lerner
“Today we have an elaborate and growing federal bureaucratic structure that in effect regulates sex.” This is largely the result of pressure from the Education Department’s Office for Civil Rights. By pressuring colleges to vastly increase their regulation of students’ sex lives, and demanding investigations students don’t want, the Obama Education Department has fueled vast expansions of college bureaucracies. Even if you liked being kissed, a college may deem it sexual assault if there was no explicit discussion beforehand between you and your partner to establish the existence of “affirmative consent,”
libertyunyielding.com By Hans Bader
Case after case shows the repeated lack of due process, shifted burdens of proof, presumption of guilt, negligence, breach of contract and erroneous outcomes that cause major damage to people’s lives. These cases continue to be filed, not only by the accused but many times by the accusers because their cases were mishandled so badly. “Whether someone is a ‘victim’ is a conclusion to be reached at the end of a fair process, not an assumption to be made at the beginning. Each case must be decided on its own merits…” John Doe v. Brandeis
westernjournalism.com By Jessica Denis