Monthly Archives: April 2017

UNWANTED Advances: Sexual Paranoia Comes to Campus

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UNWANTED Advances: Sexual Paranoia Comes to Campus

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.”

nationalreview.com By J.Braceras nytimes.com By J. Senior

 

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BETSY DeVos Assessing Obama Campus Sexual Assault Policies

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BETSY DeVos Assessing Obama Campus Sexual Assault Policies

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

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CORNELL: Another TIX Lawsuit Filed By Senior Male Student

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CORNELL: Another TIX Lawsuit Filed By Senior Male Student

A male senior student at Cornell University has filed a Title IX lawsuit against the university, a Cornell Title IX investigator and Interim Judicial Administrator Jody Kunk-Czaplicki. The lawsuit states the university wrongfully suspended him and intentionally inflicted a flawed Title IX investigation process that denied him the right to a hearing and due process. Additionally, the lawsuit claims the university refused to investigate the male student’s own accusations of sexual misconduct and physical assault against a female student.

ithacajournal.com By Matt Steecker

Cornell’s terrible year of punishing innocent students

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ROLLING Stone Settles First Lawsuit Over Debunked UVA Sexual Assault Story

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ROLLING Stone Settles First Lawsuit Over Debunked UVA Sexual Assault Story

Rolling Stone has settled with former University of Virginia dean Nicole Eramo over the magazine’s portrayal of her in a since-debunked story about a gang-rape that never happened. Rolling Stone and the author (Sabrina Erdely) still face a lawsuit from the fraternity maligned in the article, whose U.Va. house was vandalized and protested after the article was published. The woman who made the false accusation was recently ordered to comply with that lawsuit.

watchdog.org By Ashe Schow

Jackie Coakleys Fake Rape & Biased RS Reporter Erdely

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CAMPUS Sex Assaults: Students Are Guilty Until Proved Innocent

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CAMPUS Sex Assaults: Students Are Guilty Until Proved Innocent

Close examination of court records shows how the mandates and procedures from Obama’s government amount to a de facto presumption of guilt. It also shows that colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased…In 2015, Brown University broadened its definition to treat as sexual assault any “manipulation” that is followed by sex. The school then disciplined a male student for having violated this provision in 2014. As  judge, William Smith, observed in 2016, the vague provision could make a rapist of a male student who gave flowers to a female student before the two students had consensual sex…Western New England University found a student guilty of violating a new “affirmative consent” rule – which defines anything other than “a clear, knowing and voluntary consent to any sexual activity” as equivalent to a “no” – that the school had adopted six weeks after his alleged misconduct…an Oregon judge found that the University of Oregon had denied an accused student -who had passed four polygraph tests -a chance to counter the school’s claim that inconsistencies in his accuser’s story had resulted from trauma.

winonadailynews.com By KC Johnson  and Stuart Taylor Jr.

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SURVEY: Co-eds More Likely to Get Raped at Duke Than in Nation’s Most Crime Ridden City

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SURVEY: Co-eds More Likely to Get Raped at Duke Than in Nation’s Most Crime Ridden City

A recently released Duke University sexual assault survey suggests female students at the prestigious university are raped at a higher rate than in America’s most dangerous city. U.S. News & World Report lists Duke as having 6,639 undergraduate students. That would mean approximately 520 undergraduate female students can say they have been raped since enrolling. America’s most dangerous city St. Louis, which has a population of more than 300,000, had 551 rapes reported in 2015 and 2016… Duke’s survey defines sexual assault as “any unwanted, nonconsensual sexual contact” and includes both sexual battery and rape in the definition which also combines unwanted touching and forced sexual assault “as if the severity of the offenses were the same.” [At some point parents will wake up and stop sending their sons to Duke.-SOS]

thecollegefix.com By Nathan Rubbelke  10 Years Later The legacy of the Duke Lacrosse Scandal

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COLUMBIA: The Nungesser Conundrum. A Guy Can’t Win

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COLUMBIA: The Nungesser Conundrum. A Guy Can’t Win

A former Columbia University student, Paul Nungesser, who is suing his alma mater for failing to stop his accuser from publicly harassing him has lost in court a second time. “From the outset of this case, Judge Woods has been decidedly closed-minded to Paul Nungesser’s claims,” Miltenberg said. “Based upon that, we are not surprised with Judge Woods’ decision dismissing the second amended complaint. Still, we are exceptionally disappointed; Paul is a real victim, and the 100 page complaint is very detailed and clearly sets forth substantial claims including violations of Title IX, basic principles of equity and beyond.” Paul’s parents released their own statement regarding the decision: “We are disappointed but we are looking forward to bringing the case to the U.S. Court of Appeals for the Second Circuit. If Judge Woods’ decision stands, an acquittal at a university hearing is utterly pointless, since it would allow university sponsored defamation and public harassment of innocent students.”

watchdog.org By Ashe Schow simplejustice.us By Greenfield

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HEARTBREAKING: Male Commits Suicide Due To False Allegation. Law Firms Sue Accuser & UTA

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HEARTBREAKING: Male Commits Suicide Due To False Allegation. Law Firms Sue Accuser & UTA

Important Lawsuit Seeks to Hold College Accountable for its Unfair and Harmful Disciplinary Action Filed on April 4, 2017

When a college student is accused of misconduct, he or she is entitled to a fair investigation, and if a disciplinary hearing is warranted, a fair proceeding.  When such a student is denied a fair review and hearing of serious misconduct allegations, the consequences may be life altering and devastating.

Far too often, college administrators who receive complaints of misconduct pre-judge guilt based on stereotypes that arise merely from the type of allegations that are made, regardless of the facts.  Charged with an obligation to swiftly and harshly punish misconduct, they often decide the “case” without a real investigation, evidence or a hearing of any kind. And when they do so, they do so quickly, arbitrarily punishing the accused students on an interim and permanent basis. The range of punishments routinely doled out in such circumstances often includes expulsions or suspensions, and an obligation on the part of the accused student to report the fact that he or she suffered severe punishment for a disciplinary violation. When applying to graduate school or for employment a report of these disciplinary sanctions on the accused student’s record more often than not, destroys their candidacy for admission or the hiring they seek.

In many unfair disciplinary cases, the college officials in question circumvent established, mandatory disciplinary policies and procedures that are published by the college for the purpose of ensuring fairness.  The only way this type of unfairness and the devastation it causes can be corrected, is through legal action.  Legal action that holds accountable those colleges who punish students unfairly and unlawfully will serve as a reminder to all colleges that they must protect the rights of complaining students, and accused students, and ensure that fairness always prevails.

On April 4, 2017, Chaiken & Chaiken, P.C. , joined by Friedman, Suder & Cooke, P.C. filed a lawsuit against the University of Texas at Arlington (UTA), alleging that school officials unfairly mishandled a student’s misconduct complaint against another student, and ignored the rights of the accused student to a fair review and response to the allegations against him. The lawsuit charges that despite knowing the matter involved Title IX issues,  the two UTA officials handling the complaint circumvented UTA’s mandatory Title IX investigation and hearing procedures. These mandatory procedures require a fair and impartial investigation by a Title IX investigator, and a hearing before a neutral hearing officer.

The lawsuit further charges that upon circumventing these mandatory procedures, the same two UTA officials severely punished the accused student on an immediate, interim basis, without conducting a proper investigation.  Ultimately, a few days after the complaint was made, and again without a proper investigation, they chose to punish him on a permanent basis.  Inexplicably, they did so despite acknowledging in emails to each other that there was no evidence to support the allegations against him, or the punishment they meted out, nevertheless.  Tragically, the embarrassment, stress, mental anguish and damage to reputation suffered by the accused young man, and the fear that this unfair disciplinary sanction would prevent him from attending graduate school or finding a job, caused him to take his own life.

Complaint Filed Against Univ. of Texas at Arlington

This important case serves to remind us that fairness in disciplinary proceedings on college campuses is not a given, even when the colleges’ policies and procedures say otherwise.  Those who are accused of misconduct on campus find themselves in the midst of a true legal crisis with devastating potential consequences, if they do not navigate the intricacies of campus disciplinary procedures in a manner that invokes their rights to fairness. Only when students and their families understand this reality, and the need to take specific action to invoke the rights that are designed to protect fairness in campus misconduct cases, can tragic consequences be avoided.

This case report and complaint was sent to Alice from Attorney Kenneth Chaiken.

Thank you for bringing this terrible injustice of an innocent life now gone to my attention. For inquiries about this case contact: Kenneth Chaiken 214/722-9494

 

 

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COURT WIN: Appeals Court Reverses SUNY Student’s Expulsion in TIX Sex Case

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COURT WIN: Appeals Court Reverses SUNY Student’s Expulsion in TIX Sex Case

The expulsion of a male student from SUNY after he had a sexual encounter with a female student that may have been consensual was too harsh.  The Appeals Court noted that many aspects of the disciplinary process at SUNY-Potsdam as it was applied to the male student “give us pause,” beginning with the fact that the female student’s account of the encounter as presented at campus disciplinary proceedings was hearsay. The court noted that the male student was found [Title IX] guilty and suspended for the remainder of the semester and made to take an alcohol evaluation and treatment program. When he appealed, the campus disciplinary appeals board increased the penalty to expulsion and Potsdam president Kristin Esterberg affirmed his dismissal…”If you are going to label someone a sexual predator or a sexual aggressor, you have branded that person in a way that there is no coming back from,” “For the university to decide that based on very little or no evidence-you just can’t do that without facts to back it up.” Said Lloyd Grandy II, an attorney at the Carlisle Law Firm who won! for this innocent accused young male.

newyorklawjournal.com By Joel Stashenko,

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OBAMA’s Educ.Dept. Made All Campus Sex Unsafe 6 Years Ago

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OBAMA’s Educ.Dept. Made All Campus Sex Unsafe 6 Years Ago

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

SAVE’S REPORT: 6-Year-Experiment-in-Campus-Jurisprudence.

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