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
Title IX, DoED OCR
Department of Education’s Office of Civil Rights related to Title IX
“The majority of Title IX complaints received this year (more than 6,000) were filed by a single complainant alleging discrimination in schools’ athletics programs,” “The Department of Education’s Sexual Harassment Guidance radically expands harassment liability (such as saying colleges have to regulate off-campus conduct, which the courts have said they don’t…Hans Bader, who worked for OCR said “The only reason there are more complaints to the Education Department than there used to be is because its Office for Civil Rights has defined perfectly legal practices as illegal.”
breitbart.com By Dr. Susan Berry
NPR, which happily recites the fake news that one-in-five college women are sexually assaulted has just published a handy guide on how to spot . . . fake news. NPR should follow its own guidelines, but of course when it comes to sexual assault, it doesn’t. A few of NPR’s guides for spotting fake news expose the utter folly in accepting the one-in-five stat:
The Supreme Court is set to hear a court case about bathroom access. A central issue is judicial deference to the positions of agencies under the President’s control. The Court is supposed to decide whether OCR’s interpretation of the phrase “on the basis of sex” is entitled to judicial deference. If so, the Court would effectively convert the executive agency’s informally expressed views into the law of the land and a letter from an OCR bureaucrat becomes law…The Court should take the occasion to say that a mere letter, whatever its content, does not merit judicial deference, precisely because it bypasses the process of public input that we should want the executive branch to adopt in forming views on important policies.
newyorker.com By Jeannie Suk Gersen
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
A University of Cincinnati graduate student, will be allowed to resume classes this spring after a federal judge’s decision rescinded a one-year suspension imposed by the university. The male graduate student alleged the university violated due process and Title IX in how it handled the investigation and ruling of the case against him. The student’s lawyer, Josh Engel, said the key to Judge Michael Barrett’s decision is “the recognition that students in this situation have a right to confront their accuser.”
cincinnati.com By Kate Murphy
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.