A new book on the controversies surrounding sexual assault on campus strongly challenge Andrea Pino’s credibility. Pino attended UNC Chapel Hill and has been hailed as a heroine of the campus sexual assault survivors’ movement. The Campus Rape Frenzy, by Brooklyn College history professor K.C. Johnson and National Journal contributing editor Stuart Taylor, takes a critical look at claims of an epidemic of sexual violence against college women and at the current Title IX system’s presumption of guilt toward accused students. It also describes Pino’s complaint against UNC as “the highest-profile questionable Title IX claim.” The question of Pino’s truthfulness is important, given her status as a central figure in the narrative of a “rape culture” pervasive at American universities. It is also relevant to another issue discussed by Johnson and Taylor: The media’s tendency to suspend normal journalistic skepticism when it comes to (alleged) sexual assault survivors.
heatst.com By Cathy Young
Title IX, DoED OCR
Department of Education’s Office of Civil Rights related to Title IX
Recently a number of stories highlight how unfair and unjust the college environment is in the US for young men – and the necessity of federal intervention to fix the damage previous federal intervention has done. It’s not that we don’t need to protect women anymore, or take sexual assault seriously. It’s that men need our protection too. Take Thomas Klocke, a Texas student accused of making anti-gay comments which he vehemently denied. Klocke received no hearing. UT official’s conceded that there wasn’t enough evidence against Klocke, yet placed him on disciplinary probation. Thomas Klocke killed himself a few days later… A report just released by the Census Bureau showed that millennial women are driving the current growth in the 25-to-34-year-old workforce, and that “more young men are falling to the bottom of the income ladder.” We would never stand for an unjust system, like the one created by the Obama Dept. of Education’s interpretations of Title IX, if it shattered the lives of women as it currently does to men.
nypost.com By Karol Markowicz
Candice Jackson, is The Department of Education Secretary Betsy DeVos’ new pick to head up the Office for Civil Rights. Candice Jackson, is an attorney who graduated with honors from Stanford University. Jackson penned for the Review during her senior year, and wrote “How I Survived Stanford Without Entering the Women’s Center”…”In today’s society, women have the same opportunities as men to advance their careers, raise families, and pursue their personal goals,” she continued, “College women who insist on banding together by gender to fight for their rights are moving backwards, not forwards.”
Two years ago Professor Laura Kipnis was investigated by Northwestern bureaucrats for writing an essay that allegedly created a “hostile educational environment.” The Kafkaesque inquisition lasted 72 days. During that time, investigators refused to provide Kipnis with a written record of the charges against her and later filed new charges against her faculty adviser for speaking out in her defense. Eventually she was cleared of any wrongdoing, but only after she broke her silence in a second essay exposing the university’s mistreatment of her… Who or what is to blame for this current state of campus affairs? According to Kipnis: the current Title IX–enforcement regime…“We seem to be breeding a generation of students, mostly female students, deploying Title IX to remedy sexual ambivalences or awkward sexual experiences,” Kipnis writes, “and to adjudicate relationship disputes post-breakup – and campus administrators are allowing it.”
U.S. Education Secretary Betsy DeVos is beginning to assess campus sexual harassment and assault practices put in place by the Obama administration, policies which many claim violate the due process rights of accused persons… DeVos met with Georgia state Rep. Earl Ehrhart, who has sued the federal education department over the 2011 guidance which, he says, is “unconstitutional,” citing a lack of due process for the accused. “You cannot make a law just because you’re some bureaucrat that lives in a hole in Washington, D.C., and you have a whim,” Ehrhart said. “When you accuse someone of a crime, a heinous crime, or when you threaten their entire life and career and everything else and threaten to take that away, then it rises to the level of this type of due process,”
breitbart.com By Dr. Susan Berry
The Office for Civil Rights’ ‘Dear Colleague’ letter changed everything. The 2011 Dear Colleague letter established three important precedents that would harm the quest for fairness in college disciplinary proceedings. First, it enshrined the preponderance-of-the-evidence standard. Second, “OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing.” Lastly, the letter established the right of complainants to appeal an unfavorable outcome—a departure from the norms of Western justice, which traditionally hold that not-guilty verdicts are final…An increasing number of legal experts admit that there’s something deeply disturbing about the approach championed by OCR.
reason.com By Robby Soave
Northwestern University announced last month that female students had “potentially” been drugged and raped at the Sigma Alpha Epsilon house. It later said another student might have been drugged and raped at a different, unnamed fraternity. Who reported these horrific crimes? No one knows. They were done anonymously. Northwestern launched a witch hunt against two fraternities, intentionally naming one, without even knowing who the alleged victims were. And now the university that cried “wolf” is closing its investigation with no punishments…TIX rape accusations are becoming so trendy that I bet pretty soon designer wear will be created to go along with these trendy TIX false rape claims. (SOS)
thecollegefix.com By Greg Piper
For the past six years, the Department of Education’s Office for Civil Rights (OCR) has threatened to revoke federal funding from colleges that don’t use the “preponderance of evidence” standard, which requires only 50.01 percent certainty that a student committed rape. That is too low for the American College of Trial Lawyers. In a report highlighting failures of due process in Title IX investigations, the group calls for use of the “clear and convincing” standard. The report examines multiple areas where colleges are depriving students of common protections in judicial proceedings. They include the right to be accompanied by counsel, ability to cross-examine complainants and witnesses, access to evidence, consideration of partiality, and provision of a written summation of facts and conclusion.
thecollegefix.com By Brian Bensimon
As it left office last year, Obama’s administration made one final move in its crusade against campus due process: it requested a massive increase-$30.7 million, or 28.7 percent-in funding for OCR. To translate: OCR head Catherine Lhamon wanted to hire nearly 200 permanent employees, who would work under a true believer (Harvard’s ex-Title IX coordinator), because she had decided OCR would investigate not merely the complaints it received but thousands of other cases, even though no accuser had filed a Title IX complaint about any of these individual cases. On this matter, as on virtually all OCR-related matters during the Obama years, no sign of congressional oversight existed. It would be difficult to imagine a more wasteful use of federal funds.
mindingthecampus.org By KC Johnson
The ACTL has issued a watershed White Paper that highlights how the current system of campus rape tribunals shortchanges both victims and accused students, thereby undermining the goal of curbing campus rape. The White Paper makes recommendations regarding the need for procedural due process; impartial investigations; the rights to counsel, access evidence, and notice of allegations; cross-examination; and the inadequacy of the preponderance of evidence standard. “Under the current system everyone loses: accused students are deprived of fundamental fairness, complainants’ experiences are unintentionally eroded and undermined, and colleges and universities are trapped between the two.”
thefire.org By Alex Morey