One of the few Duke undergraduates to protest the prosecution of the Duke lacrosse players was Stephen Miller of the class of 2007. Miller wrote multiple articles for the Duke Chronicle and spoke on multiple news programs criticizing the prosecutor and Duke administrators. After graduating in 2007 Miller worked for Republicans on Capitol Hill and in 2015 he worked for Trump’s campaign and has been the speechwriter for Trump’s major speeches. washingtonexaminer.com
‘When our peers are accused of heinous acts, we should be the first to demand they be given the presumption of innocence-their immutable right. Instead, from the first day, many immediately presumed the lacrosse players’ guilt and called for their punishment. Sadly, I imagine many will continue to do so.’ Stephen Miller’s 2006 piece in the Duke Chronicle
Court wins, settlement agreements, positive legislation
The feds tried to fix discrimination and instead created a regulatory Tower of Babel. Between the bureaucracies, the consultants, and the university offices that have expanded, people now speak of a ”Title IX industry,” — one that is absorbing large amounts of resources but not doing anything to actually educate students.
usatoday.com By Glenn Reynolds
How will Trump’s victory impact the campus rape debate? The bizarre manner in which sexual assault disputes are investigated on campuses could be overhauled. Accused persons are frequently denied legal representation, the right to confront their accusers, the ability to properly consider the evidence against them, and the right to an impartial jury. “We’re holding college students to a much higher standard than we’re holding the leader of the free world.” In Miltenberg’s Q & A he talks about a Title IX hearing, “It’s almost like you missed the meeting before the meeting, everyone is that decided. It’s a very kabuki theater like event.”
reason.com By Robby Soave
Republicans have promoted U.S. Rep. Virginia Foxx of North Carolina to lead the House education and workforce committee next year. Rep. Foxx has expressed concern about Office for Civil Rights overreach. She frequently opposed regulations and proposals from President Barack Obama’s administration… From Rep. Foxx’s mouth to God’s ears: “I think you’ll see us do everything we can to roll back those rules and regulations. ”
charlotteobserver.com By Anna Douglas
The biggest problem with Title IX enforcement? Balance. Title IX has always struggled between finding the proper balance and now it’s gone the other way. Every complaint is deemed fact, and every accused is presumed guilty. There needs to be a balance between the complainant and the accused. It’s truly about a fair process for both sides but now there is an imbalance in cases that treats men unfairly. This isn’t about male and female, it could be male on male, female on female, female on male. T9 lawyer Alan Sash.
thetab.com By Harry Shukman
This is a big case for the state of Washington. Student Mr. Arishi challenged his expulsion from Washington State University’s (WSU’s) doctoral program in Education, claiming the university failed to afford him a full adjudicative proceeding required by the Washington Administrative Procedure Act. The Court of Appeals agreed. “We reverse the superior court and the underlying agency order, award Mr. Arishi reasonable attorney fees, and remand for a full adjudication.” With this ruling, people accused of sex offenses on college campuses get a full hearing and are allowed to have an attorney speak and question the accuser. This decision is based on Washington law, and will not affect cases in other jurisdictions.
seattletimes.com By Katherine Long
The verdict came down in the first defamation case stemming from Rolling Stone’s famously flawed investigation about college rape on the Friday before Election Day. The jury awarded Eramo $3 million in damages: $1 million from Rolling Stone and $2 million from Erdely. A second lawsuit, from the fraternity itself, is scheduled for trial in Virginia state court next fall. Here are some takeaways from the Eramo decision, based on insights from lawyers who followed the case.
cjr.org/analysis By Bill Wyman
Joanna Newberry, falsely reported she was assaulted in a campus basement while attending Lindenwood University. She faced up to six months in jail and a $500 fine. This week, Judge Elizabeth Swann issued a suspended imposition of sentence for Newberry and placed her on supervised probation for two years. Ms. Newberry is to continue counseling.
stltoday.com By Mark Schlinkmann
Earlier this fall, OCR announced its findings against Wesley College for mishandling a case against a falsely accused student. He was denied rights to present evidence of his innocence. The main reason we need due process is to make sure you don’t get punished if you’re innocent. A college hearing board cannot imprison an accused, but it can take away the educational opportunities he has earned, cut him off from his community, and impose a stigma that can deny him future opportunities. It should not impose these life-altering consequences without substantial evidence that has withstood close scrutiny. It should give the accused a meaningful chance to defend himself.
Advocates of college men who claim their lives were destroyed by false rape claims are hoping the incoming Trump administration will change a policy they say tramples on civil rights. “The Education Department’s Office of Civil Rights has gone too far, schools are now operating out of fear rather than cooperation with the government -leading those accused of sexual assault to be found guilty even before they are judged…there are so many young men whose lives have been destroyed by these allegations.” Cynthia Garrett, FACE C0-President.