We also take seriously the need for journalists to observe basic ethics and standards. “The Hunting Ground” fails to meet those standards and, as a result, fails to present balanced and responsible coverage of this very important issue.
Title IX, DoED OCR
Department of Education’s Office of Civil Rights related to Title IX
Members of civil rights commission oppose ‘disregard for rule of law’ over campus sexual assault rules
“[W]e have noticed a disturbing pattern of disregard for the rule of law at OCR,” the Heriot and Kirsanow wrote. “That office has all-too-often been willing to define perfectly legal conduct as unlawful.”…”Increasing OCR’s budget would in effect reward the agency for frequently over-stepping the law.
www.washingtonexaminer.com By Ashe Schow
Most broadly, FIRE is concerned that CASA still treats the problem of addressing sexual assault on campus like a one-sided issue of supporting victims, instead of attempting to protect the rights of both complainants and the accused.
www.thefire.org By Joseph Cohn
“The idea that one in five college women has or will be sexually assaulted is mind-boggling and horrifying. It’s also not true…we’re inventing fictional rapes and throwing actual men under the bus.”
www.commentarymagazine.com by Heather Wilhelm
SAVE’s Open Letter to the Senate Education Committee calls out the Office of Civil Rights’ overreach
SAVE has provided some serious fodder for due process advocates by preparing questions and legal arguments to show how the OCR has violated multiple laws and flouted Supreme Court decisions in its “Dear Colleague” Letter regarding sexual assault enforcement at U.S. colleges. And the Senate Health, Education, Labor, and Pensions committee is set to begin hearings tomorrow, February 24.
Under what legal authority is the Office for Civil Rights overriding a Supreme Court decision in order to dictate the standard (preponderance of evidence) that courts must use to resolve private disputes?
How can the Office for Civil Rights fulfill its Congressional mandate when it apparently believes that equitable procedures only need to be provided to one party in the dispute?
The OCR guidance generally imposes liability on institutions even if they discipline the accused harasser, if they do not also “prevent its recurrence” and “remedy its effects,” and OCR says that even punishing the harasser “likely will not be sufficient” to comply with Title IX. (See “Questions and Answers on Title IX and Sexual Violence” (April 29, 2014), pg. 25 —http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf ).
This was major change accomplished without any notice and comment, as required by the Administrative Procedures Act.
Bipartisan Group of Senators Announces Report on Simplifying Federal Regulations for America’s 6,000 Colleges and Universities
I recently assisted a young man…who was ordered to stay away from a fellow student (cutting him off from his housing, his campus job, and educational opportunity) — all because he reminded her of the man who had raped her months before and thousands of miles away. He was found to be completely innocent-But the stay-away order remained in place, and was so broadly drawn up that he was at constant risk of violating it and coming under discipline for that.harvardlawreview.org Commentary by Janet Halley
“Kiss kiss kiss, you are super handsome,” she wrote in June, and later, “You are a sexy man” and “It was so nice sleeping with you.”
mobile.nytimes.com By Emily Bazelon
The latest lawsuit states that the expelled student is “one of many new victims of a capricious and unjust new Sexual Misconduct investigation and adjudicatory processes sweeping the nation. Colleges and universities are pressured by federal funding to overestimate and over prosecute instances of alleged sexual misconduct.”
www.cleveland.com By Karen Farkas
People often wonder why college administrators try to adjudicate these fiendishly difficult cases, rather than putting them in the hands of the criminal justice system.
www.nytimes.com By Judith Shulevitz