Proskauer’s Higher Education group released a report on lawsuits brought by students accused of sexual misconduct. Their report reviews 130 federal and state court complaints filed by students across the country between January 2011 and December 2016 who claim violation of their rights during a Title IX investigation.
Dept.of ED. Title IX,
Department of Education’s Office of Civil Rights related to Title IX
Education Secretary Betsy DeVos formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations- rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far more forceful due-process protections down the road…The Obama decrees flouted basic principles of sound policymaking and violated the notice-and-comment provisions of the Administrative Procedure Act of 1946.
weeklystandard.com By KC Johnson and Stuart Taylor Jr.
Stanford has joined Yale as one of the only two American universities required by the federal government to outline its campus sexual assault adjudications, and both offer grim statistics that don’t hold up to much rational analysis…Stanford’s data suggests not an epidemic but instead, a campus environment in which students (perhaps understandably, responding to a radicalized campus culture) bring allegations that are so dubious even Stanford’s procedures can’t justify a guilty finding.
mindingthecampus.org By KC Johnson
Martha MacCallum speaks with Betsy DeVos on her new directives involving sexual assault policies on campus and restoring due process. @FOXnews.com
Feminist Harvard Law Professor Janet Halley says reform is necessary and Education Secretary Betsy DeVos is starting a necessary conversation. Listen to Halley’s interview on All Things Considered @npr.org
Education Secretary Betsy DeVos vowed to replace the “failed system” of campus sexual assault enforcement, to ensure fairness for both victims and the accused. The speech, harshly critical of rules put in place by the Obama administration, was made to invited guests at George Mason University. “Here is what I’ve learned: the truth is that the system established by the prior administration has failed too many students. Survivors, victims of a lack of due process, and campus administrators have all told me that the current approach does a disservice to everyone involved. That’s why we must do better, because the current approach isn’t working.” Read DeVos’ prepared remarks in full.
washingtonpost.com By Susan Svrluga
Students and educators now live in a world where expressing an opinion about sexual harassment can be sincerely perceived as sexual harassment. In May 2015, Laura Kipnis was famously the subject of a Title IX investigation by Northwestern University for an essay she wrote suggesting there are too many Title IX investigations. Today, Jeannie Suk Gersen reports for The New Yorker that Kipnis was the subject of yet another Northwestern Title IX investigation earlier this year — this time for writing “Unwanted Advances: Sexual Paranoia Comes to Campus,” a book about being investigated for saying there are too many Title IX investigations.
thefire.org By Nico Perrino
Education Secretary Betsy DeVos rescinded Obama-era guidance on sexual assault that ensured more innocent students accused of the abhorrent crime would be found responsible and expelled…schools will now have to adhere to 2001 and 2006 guidance from DoE. This really is good news, but there is still a long, long road ahead for colleges and students. Activists, media and legislators have succeeded in expanding the definition of sexual assault. Essentially, if a woman says she was raped, she was raped. Drunken hookups are now rape, regretted sex is rape, because, in the words of one activist, students “need some time to reflect” before deciding to make an accusation. There is virtually no way for a student- especially a male student- to have consensual sex on campus.
thefederalist.com By Ashe Schow
Six years of federal Title IX policy that stripped college students and faculty members of important due process protections and sowed confusion among administrators is finally over. Today, the Department of Education’s Office for Civil Rights announced that the April 4, 2011 “Dear Colleague” letter and an accompanying 2014 guidance document are rescinded. The 2011 letter mandated that colleges use the low, “preponderance of the evidence” standard in adjudicating accusations of sexual misconduct on campus. It also recommended the removal of other critical elements of a fair procedure, such as the right to cross-examination and prohibitions on double jeopardy (being tried for the same accusation twice)…“The campus justice system was and is broken,” said FIRE Executive Director Robert Shibley and author of Twisting Title IX.
Nearly 60 Democratic legislators tweeted criticism of Education Secretary Betsy Devos’ speech, which advocated a fairer approach and more respect for due process in campus Title IX tribunals. The preferred adjectives included “terrible,” “despicable,” “insulting, “perverse,” “appalling,” “disgraceful,” “shameful,” and “dangerous. No congressional Democrat, in any way, praised her remarks, which insisted on the rights of both accusers and accused.
mindingthecampus.org By KC Johnson
A day after Education Secretary Betsy DeVos cited Matt Boermeester’s expulsion from USC as an example of a “failed system” for handling sexual assaults on college campuses, the former Trojans kicker lost a bid to return to school. Los Angeles County Superior Court Judge Amy D. Hogue stayed the expulsion Friday — but barred the man from enrolling in classes or coming within 100 yards of campus. “I have a hunch the order doesn’t make anybody happy,” Hogue said. Matt’s girlfriend, Zoe Katz issued a statement calling USC’s investigation “horrible and unjust” and has remained adamant in two declarations filed in court that she has “never been abused, assaulted or otherwise mistreated by Matt.”..This is a solution that attempts to cut the baby in half while killing the baby,” Matt’s attorney Mark Hathaway told the court.
latimes.com By Nathan Fenno