Monthly Archives: December 2016

FAKE News, NPR, And The False Rape Statistic It Promotes

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FAKE News, NPR, And The False Rape Statistic It Promotes

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:

cotwa.info

Did Slanted NPR Story Lead to Hasty Illegal DoED Sexual Harassment Rules

 

 

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Gavin Grimm’s Transgender Rights And The Problem w Informal Executive Action

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Gavin Grimm’s Transgender Rights And The Problem w Informal Executive Action

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

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DUE Process Legal Update: Complaints and Rulings

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DUE Process Legal Update: Complaints and Rulings

Complaints and Rulings for Drake University, Washington State University and University of Cincinnati…A complaint filed last week against Drake University in Iowa includes an intriguing argument. Like most such suits against private universities, it claims that Drake breached its contract with the student-plaintiff and discriminated against him on the basis of sex in violation of Title IX. But in addition, it argues that the university was-by virtue of coercive federal pressure-a state actor at the time of the incident, and as such, deprived the plaintiff of his constitutional due process rights.

thefire.org By Samantha Harris

Academicwonderland: Due Process-Cross Examination

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Williams College: Male Sues For Handling of Title IX complaint

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Williams College: Male Sues For Handling of Title IX complaint

John Doe filed a civil action against Williams College for Title IX violations. In addition, the plaintiff and his lawyer, Stacey Elin Rossi, claim that the College failed to comply with the Massachusetts Civil Rights Act, the Massachusetts Unfair and Deceptive Practices Act and the right to privacy under FERPA. It also asserts that the College did not follow principles of “good faith, fair dealing, due process and fundamental fairness” and committed “negligence, assault and defamation.” Doe seeks damages resulting from harmful actions by the College that resulted in him not receiving his degree and have produced consequences to his academic and career future, as well as earning potential and reputation.

williamsrecord.com by Neena Patel

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MEET U.S. Rep. Virginia Foxx: New House Education Chairwoman

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MEET U.S. Rep. Virginia Foxx: New House Education Chairwoman

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

 U.S. Rep Foxx talks with Inside Higher ED

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DUE Process Legal Update: The Kangaroo Lives On

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DUE Process Legal Update: The Kangaroo Lives On

Rulings for Lynn University, UC San Diego, and William Paterson University…Universities increasingly rely heavily on investigators rather than hearings to determine responsibility in sexual misconduct cases. The dangers of combining in a single individual the power to investigate, prosecute, and convict, with little effective power of review, are obvious. No matter how well-intentioned, such a person may have preconceptions and biases, may make mistakes, and may reach premature conclusions. These “single investigator” systems raise significant due process concerns, articulated perfectly by Judge Dennis Saylor in the Doe v. Brandeis decision:

thefire.org By Samantha Harris

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JUDGE Blasts Brown Univ.’s Kangaroo Court for Sex Assault

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JUDGE Blasts Brown Univ.’s Kangaroo Court for Sex Assault

Brown University botched a sexual-assault hearing, treating an accused male student unfairly, a U.S. District Court ruled. Court records illustrate how ill-equipped the Title IX panel was to make such a major decision. With as few as five hours of training, they make determinations that can ruin someone’s life and reputation. John Doe claimed the accusations against him were fabricated, offering the investigator a witness who claimed to have heard Ann Roe and a friend conspiring to get him in trouble. The investigator decided not to get text messages between Roe and her friend, but told the Title IX panel that there was “insufficient evidence” to support Doe’s conspiracy claim. That was “particularly problematic,” the district court decided, “given that she had refused to ask for evidence that might have proven it so and been exculpatory to Doe.”

heatst.com

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T9 LAWYER: Colleges ‘not capable’ of handling sexual assault cases

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T9 LAWYER: Colleges ‘not capable’ of handling sexual assault cases

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

KANGAROO College Courts-Not The Solution for Sexual Assault

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CLARK University Declares ’Emotional Manipulation’ Is Rape

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CLARK University Declares ’Emotional Manipulation’ Is Rape

Clark University has done male students a service. Because the University has watered down the definition of rape so much, male students know not to apply here. If you do attend this University, it’s a pretty good bet you will be falsely accused. And sadly once accused, Title IX has pre-determined your guilt regardless of your evidence of innocence. With Clark’s definition of rape, the net is cast to catch innocent young men.

theblaze.com By Kaitlyn Schallhorn

washingtonpost.com By Eugene Volokh

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CORNELL: Accused Male Is ‘Coerced and Threatened’

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CORNELL: Accused Male Is ‘Coerced and Threatened’

Wolfgang Ballinger was a junior at Cornell when he was arrested on charges of attempted rape. Only arrested, and not convicted, Cornell suspended Ballinger, banned him from campus, and placed Psi Upsilon- the frat he was president of- on interim suspension. Ballinger’s attorney Sarah Wesley, paints a dark picture of police mishandling the investigation, and claims there are “serious questions of credibility with respect to the ‘victim.’” Ms. Wesley likened Ballinger’s case to the now-discredited Rolling Stone story.

thetab.com By Harry Shukman

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