Monthly Archives: August 2016

University of Oregon claims depriving accused athletes of due process is needed ‘to keep women safe’

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University of Oregon claims depriving accused athletes of due process is needed ‘to keep women safe’

The University of Oregon is facing a multimillion-dollar payout if it can’t convince a federal judge in Eugene that black student athletes don’t deserve due process if someone accuses them of rape. The school was in court for three hours trying to get the single consolidated suit by three ex-basketball players dismissed. In arguments before Judge Michael McShane, the school seemed to say it can do whatever it wants to protect female students. Judge McShane will take several weeks to rule because he’s reviewing police reports among other documents.

thecollegefix.com By Greg Piper

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CU-BOULDER Suspended Student for Rape, Before Interviewing Alleged Victims

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CU-BOULDER Suspended Student for Rape, Before Interviewing Alleged Victims

Working off of an anonymous tip, a particularly vindictive Title IX administrator launched an investigation into the male student and concluded that he had raped two different female students—students who never filed complaints. The male student was denied the right to cross-examine the two women, properly review the evidence against him, and appeal the administrator’s decision. He was subjected to an astonishingly unfair adjudication process that ignored his due process rights at every turn and presumed him to be guilty from the start.

reason.com By Robby Soave

NEW Minnesota law forces anononymous college rape reporting

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A White Polemic On Title IX And The Preponderance Standard

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A White Polemic On Title IX And The Preponderance Standard

A group of more than 90 law professors have signed onto a white paper, defending the U.S. Dept. of Education’s guidance on how colleges should handle sexual assault cases. Line by line, footnote by footnote, it is an exercise in facile bullshit, artfully worded nonsense that deliberately conflates everything under the sun to achieve its goal.

blog.simplejustice.us

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ALLEGED rape victim ‘was motioning at his genitals and grabbing them’

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ALLEGED rape victim ‘was motioning at his genitals and grabbing them’

GOOD NEWS: A Catholic college in Boston is standing by its investigation into rape allegations that found the evidence was overwhelmingly in favor of the purported rapist…Accuser Vandyke freely admits she went to the unnamed male’s room that night – they met on Tinder – but says she was already very drunk and unable to consent.  They smoked a bong together and had sex. The accuser “was motioning at his genitals and grabbing them,” thus obviating the need to have a conversation about consent.

thecollegefix.com

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Minnesota. Men Beware. Minnesota law forces colleges to accept anonymous rape reports

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Minnesota. Men Beware. Minnesota law forces colleges to accept anonymous rape reports

The law, which includes a long and detailed list of school obligations under “victims’ rights,” also says students “must” complete sexual-assault training within 10 business days of their first semester’s start…Having examined the data on campus sexual assault, Banzhaf said he has concluded that it’s not clear whether rape is a campus epidemic…The new requirements are a “feel good” solution to a problem that may not even exist.

thecollegefix.com By Matt Lamb

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SF TOP prosecutor peddles false information about state rape law to students

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SF TOP prosecutor peddles false information about state rape law to students

San Francisco District Attorney George Gascon appears to be unfamiliar with California rape law. California does have an affirmative-consent law that ties a college’s continued acceptance of state-funded student aid to its implementation of so-called yes-means-yes policies, which flip the burden of proof for sexual consent onto students who are accused of nonconsensual sex. But Gascon’s office would not handle those campus disputes unless alleged student victims at San Francisco colleges file charges with law enforcement.

thecollegefix.com By Greg Piper

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BROWN files ‘proposed findings of fact’ in due process trial

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BROWN files ‘proposed findings of fact’ in due process trial

Less than two weeks from closing arguments in a lawsuit by a Brown University student who was suspended after a disputed tryst and disciplinary proceeding, Brown is laying out its “proposed findings of fact and conclusions of law.”  Read Brown’s filing and KC Johnson’s series of tweets excerpting the 65-page document.

thecollegefix.com By Greg Piper

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COLLEGE Students Go To Court Over Sexual Assault

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COLLEGE Students Go To Court Over Sexual Assault

Lawsuits against colleges that ignore due process are garnering more media attention. “In April, 2015, Columbia University’s motion to dismiss one such lawsuit was granted by a federal district court in New York, which seemed to spell doom for these kinds of claims. But, last week, a unanimous Second Circuit appeals panel reversed that decision and held that the accused student could go forward with his claim that the university subjected him to sex discrimination in violation of Title IX. The case will go back to the lower court for trial proceedings, unless Columbia settles with the student, who is seeking damages and wants his disciplinary record scrubbed.

newyorker.com By Jeannie Suk Gersen

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USC. Rape Lawsuit: Title IX’s Vulgar Response Is Unbelievable

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USC. Rape Lawsuit: Title IX’s Vulgar Response Is Unbelievable

“Does that college motherfucker know who I am?” USC Title IX Director Dahlinger asked Title IX Investigator Noonan, after a conference call during which the student, “John Doe,” had explained his intention to appeal. It was a hot mic moment: Dahlinger and Noonan thought the student and his lawyer had already exited the call. The venomous statements of USC’s Title IX team give this case a unique flavor, though the rest of the details make for a textbook Title IX dispute: spurned female student, bad breakup, after-the-fact accusation, total absence of due process, predetermined finding of responsibility. Doe recently filed suit against USC, and a state court issued a stay preventing his expulsion from going into effect.

reason.com By Robby Soave

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Occidental, Amherst, Yale, UNC. How American Campuses Have Become Anti–Due Process

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Occidental, Amherst, Yale, UNC. How American Campuses Have Become Anti–Due Process

The Reality: American Colleges Railroad the Innocent Schools for decades have denied meaningful due process to students accused of sexual assault, and mandates from the U.S. Department of Education have only made the problem worse.  Examples from four elite institutions—Yale, Amherst, the University of North Carolina, and Occidental College—reveal unfair procedures that come close to presuming guilt and severely restrict the opportunity for accused students not only to defend themselves, but even to prove their innocence. The problem continues to grow worse, and there is as yet no sign of a return to due process in campus tribunals.

heritage.org By KC Johnson

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