An incoming freshman at UC Santa Barbara is suing the university to remove a suspension that has barred him from attending the school since August. “Even though my client has never been charged by UCSB with any violation of University rules, he sits out of school and it is now clear he will miss the entire school year unless a court ultimately intervenes,” Doe’s lawyer, Robert P. Ottilie said.
dailynexus.com By Jose Ochoa
College Men: Don’t apply here
Occidental, UVA, Yale, Stanford, Columbia, Harvard, University of Oregon, USC, SMU, UNC, the State of New York, Illinois, Virginia, Minnesota, California and Connecticut. These colleges and states have passed policies and laws that are extremely biased against males. As anti-due process continues, this list increases. Men are preferring Canadian colleges over American colleges. It’s worth your good name, innocence and a successful future for you to go elsewhere.
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. In essence, the accused was left to defend himself while his accuser was able to utilize the services of a “skillful, trained and experienced advocate,” the very person who investigated the case. The Court wonders how, given Petitioner’s youth, infant stages of his post-secondary education and the seriousness of the charges, Petitioner was able to conduct himself as well as he did. Judges have traditionally given schools wide latitude to fashion their own campus judicial systems, but colleges have abused their autonomy, and judges are starting to re-impose the rule of law.
nationalreview By David French
Office for Civil Rights held open focus groups at Cornell during which members of the public could discuss the campus climate surrounding sexual assault and harassment. A Cornell parent, reported that a lawyer cautioned her against sending her son to Cornell based on the University’s reputation for treating students accused of sexual assault unfairly. When the OCR attorneys asked for specifics on how the University might treat accused students unfairly, attendees quickly responded with a list of grievances: respondents have no ability to examine or confront accusers or to question witnesses or be represented by an attorney, and they, like complainants, are unaware of the investigation’s timeline.
cornellsun By Drew Musto
An amended complaint filed in February against Yale et al, portrays a grim reality. Yale’s disciplinary procedures sanction abuse of power in the adjudication of charges of sexual misconduct. The conventional wisdom is that while public universities, as government actors, must comply with constitutional requirements, private universities operate under no such constraints. This is broadly correct. But under “state action” doctrine …“If government requires or induces a private party to engage in law enforcement, all relevant constitutional restraints apply.” This, Doe contends, is exactly what the Obama administration DoED did in April 2011 when it instructed universities, on pain of losing federal funding, to investigate, adjudicate, and punish all allegations of sexual assault. That is, although the government also demanded that universities shrink due process protections for the accused, by deputizing them to engage in law enforcement in addressing allegations of sexual misconduct, the administration in effect imposed on them an obligation to comply with constitutional guarantees of due process and equal protection. This lawsuit is very likely the first to test Rubenfield’s (Yale Law Prof. and Doe’s adviser) legal theory of “Privatization, State Action, and Title IX: Do Campus Sexual Assault Hearings Violate Due Process?”
realclearpolitics By Peter Berkowitz
A University of Chicago student suing the school over anti-male bias built into its sexual assault investigation system is continuing his lawsuit against the school, in which he is demanding $1.35 million, even though the school purportedly dropped its disciplinary action against him, and after he settled with a female student who allegedly triggered the disciplinary action by accusing him of sexual assault.
cookcountyrecord By Scott Holland
Drake University in Iowa has fired a trustee board member after expelling his disabled son, who alleged he was the victim of a rape by a female student. Both students filed complaints, but only the male was investigated. The son’s lawsuit alleges that both he and the female were intoxicated, and she initiated oral sex on him. It added that he wasn’t “in a state to be with her” and “not able to give consent that night.” Trustee Tom Rossley, who had been on Drake’s board for 23 years, accused the college of failing to accommodate his son’s “ADHD, anxiety, and language-based learning disabilities” and claimed that the female said “on the record” during a hearing that she indeed has initiated sex without the son’s consent. Rossley was told to stop complaining about the process and eventually was asked to step down from his position.
heatst By Lukas Mikelionis
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)
Farrer didn’t want to have sex with her. He had been taught in his ROTC program that “drunk people aren’t supposed to sleep together,” and while he didn’t think either was drunk, he wanted to play it safe. Zerfoss, “seemed fully cognizant,” she wasn’t slurring her words or fumbling, and she was insistent that they have sex. “She kept calling my name,” grabbing his hands and putting them on her body. When Farrer tried to spurn her advances by making small talk she rejected. “Eventually, I gave in.” The following week, Farrer was told that a female student had filed a sexual-assault allegation against him with the Title IX office. In spite of a police investigation that found “inconclusive evidence” and numerous inconsistencies in his accuser’s story, Farrer was still ruled responsible for sexual assault and expelled by Indiana University-Bloomington. “If you’re a male and you’re accused, you’re guilty until proven innocent,” Farrer said.
thecollegefix By Toni Airaksinen
Barbara Snyder, President of Case Western Reserve University is being sued along with The Board of Trustees, and staff for not following the University’s own disciplinary guidelines, for male discrimination and for refusing John Doe to review witness testimony prior to his disciplinary hearing. “Without receiving a notice of investigation, a discussion of his rights and responsibilities or the CWRU policies and procedures, and without an advisor or support person to accompany him, John Doe was blindsided when he arrived to attend a mandatory meeting with the CWRU Title IX investigator,” Doe says from the outset, he was presumed guilty. Case Western Reserve University suspended him for three years and kicked him out of his dorm based on false allegations of sexual assault with his then-girlfriend that were not supported by factual evidence.
courthousenews By Kevin Koeninger
Since 2012, Yale must document all sexual assault allegations on campus. Yale deputy provost Stephanie Spangler prepared this years report and it provides a peak into the deeply unhealthy atmosphere regarding the investigation and adjudication of sexual assault complaints. Her report portrays a campus in the midst of a terrifying wave of violent crime- or more likely in the midst of a moral panic. Spangler is giddly that there were 81 reports of some type of sexual harassment at Yale in the last six months of 2016…Her report has many insights. One is that a disturbing pattern is emerging where the Title IX coordinators and not the accusers are filing sexual assault complaints against Yale undergraduate students.
mindingthecampus By KC Johnson