CURRENT News

RULING: Indiana U. Accused Male Denied Injunction

, , , /

RULING: Indiana U. Accused Male Denied Injunction

A male student accused of sexual misconduct was denied a preliminary injunction to prevent Indiana University Bloomington from suspending him as a sanction from what he called a “fundamentally unfair disciplinary process.” Filing under the pseudonym of “John Doe,” the student was suspended for four years from Indiana University after an investigation by the school concluded he had engaged in nonconsensual sexual activity.  The case involves an unusual set of facts — while Doe and the female student were having sexual intercourse, someone entered the room and took a picture. The photo was later posted on social media, which led to a separate investigation by the IU Office of Student Conduct. Doe sued IU, asserting, among other claims, Title IX violations and breach of contract. In his motion for preliminary injunction, Doe argued IU’s investigation, disciplinary hearing and decision were biased against him because he is male. Doe argued as part of the investigation, IU did not develop leads or evidence on its own and the investigators arbitrarily determined the relevance of certain witness statements and did not resolve inconsistencies. Also, he asserted IU selectively enforced its policy of not allowing evidence of sexual history when the university did not interview his past sexual partners about his practice of obtaining consent, but did allow evidence that the female student was a virgin at the time of the incident. The case is one of at least 10 filed by students against at least six state universities that claim disciplinary cases concerning allegations of sexual misconduct violated students’ rights.

theindianalawyer.com By Marilyn Odendahl

Share this:Tweet about this on Twitter
TITLE IX Complaint Filed Against Harvard Alleging Discrimination Against Men

, , , /

TITLE IX Complaint Filed Against Harvard Alleging Discrimination Against Men

A Ph.D. student and two former lawyers filed a Title IX complaint with the United States Department of Education, alleging Harvard had created “a hostile environment against men.”  The complaint — which, if opened for investigation, would join three ongoing probes into Harvard’s Title IX compliance — was filed with the Office for Civil Rights, according to its authors. The complainants contend that, by maintaining ties with the American Psychological Association, Harvard is endorsing the APA’s new guidelines on the potential harm of “traditional masculinity,” and therefore discriminating against men. “When we read the recently published guidelines, it was clear to us that the ‘guidelines’ represent a pervasive set of ideological distortions among psychologists,” wrote one of the complainants, “We believe those ideological distortions result from misandry and hostility towards men and boys.” The complaint suggests that the APA revise its guidelines or that Harvard eliminate its relationship with the APA.

thecrimson.com By S.C. Chu and I. M. Lewis

Share this:Tweet about this on Twitter
MALES AVOID New Mexico. A Bill Would FORCE Colleges to Believe Accusers or Lose Funding

, , , /

MALES AVOID New Mexico. A Bill Would FORCE Colleges to Believe Accusers or Lose Funding

Thought the Obama administration’s Title IX guidance for sexual misconduct proceedings was bad? New Mexico is considering a bill that would threaten colleges with defunding if they don’t make assumptions that are favorable to accusers in sexual misconduct proceedings. HB 133 passed the House Health and Human Services Committee Friday, and will now be considered by the House Education Committee. The bill’s sponsor, [misguided & anti-male] Democratic Rep. Elizabeth Thomson, said it’s intended to give young people “the resources they need to make the best decisions for themselves and their bodies.” While media coverage portrays the legislation as just another consent-oriented measure, the Foundation for Individual Rights in Education claims that HB 133 functionally bans “impartiality” in sexual misconduct proceedings. By requiring colleges that receive state funding to implement “complainant-centered policies and procedures” and use “trauma-informed” training for campus officials, the bill incentivizes proceedings that are inherently biased against accused students,  says Tyler Coward, legislative counsel to FIRE. Not only would “complainant-centered” procedures “almost certainly violate” Title IX, but the fairness of “trauma-informed” training is in serious dispute, he said…Harvard Law School Prof. Janet Halley, for example, has publicly described her school’s training as “100% aimed to convince [adjudication staff] to believe complainants, precisely when they seem unreliable and incoherent.” The assumptions behind trauma-informed training have little if any support in scientific research, according to memory and neuroscience experts interviewed by journalist Emily Yoffe.

thecollegefix By G.Piper thefire.org By T. Coward

Share this:Tweet about this on Twitter
LAWSUIT: Expelled Male Sues Trustees of Dartmouth College for Unlawful Expulsion

, , /

LAWSUIT: Expelled Male Sues Trustees of Dartmouth College for Unlawful Expulsion

A lawsuit was filed in New Hampshire federal district court against the Trustees of Dartmouth College on Jan. 7, 2019, alleging the College’s “unjust” and “unlawful” expulsion of a male student accused of perpetrating sexual violence against a female student. Doe alleges that the investigation did not adequately afford him due process in that it did not fully consider potentially exculpatory evidence he sought to provide. Doe also alleges that the national and campus political and social climate regarding sexual violence influenced the investigation’s finding and the sanctions taken against him…Doe asserts that the two of them watched a movie and engaged in consensual kissing and other sexual activity, excluding sexual intercourse. He recalled ‘Sally Smith’ leaving her room, stating that she needed to go help a friend. The next morning, Doe said he collected his belongings and left Smith’s room. That same afternoon, Smith emailed Dartmouth’s Title IX office, and the next day she met with Title IX coordinator Kristi Clemens and filed an official report. Over the course of the investigation, Doe and Smith were interviewed by an independent investigator. Both Doe and Smith provided text messages to the investigator, but Doe alleges in the complaint that Smith omitted or deleted several messages that provide more context for their interactions that weekend.

thedartmouth.com By Sunny Drescher

Share this:Tweet about this on Twitter
HIGH SCHOOL Teacher Suspended For Showing Documentary About Due Process In College

, , /

HIGH SCHOOL Teacher Suspended For Showing Documentary About Due Process In College

A high school teacher in the wealthy suburban New York town of Bedford has been suspended for showing his students a Fox News documentary as part of a lesson plan to prepare them for college. Mike Poplardo is an economics teacher at Fox Lane High School in Bedford. In May of 2018, he spent two days on a “mini-unit” designed to prepare students for college. During this lesson, he showed students the Fox News documentary titled “Fox News Reporting: The Truth about Sex and College.” The documentary hosted by Fox News anchor Martha MacCallum, tells the stories of several male students who say they were falsely accused of sexual assault, in one instance also talking to the female accuser for her perspective. It also debunks some common myths surrounding sexual assault statistics. Poplardo did not show the documentary to warn male students that they will be falsely accused by women. Instead, he used the film as a jumping off point to a larger discussion about sexual assault….Poplardo asks in his lesson plan, “Our Essential Question: What strategies can you put in place to avoid being in the ‘mess’ depicted in the video as a victim of sexual violence or a person accused of sexual violence?” He concluded the lesson plan by stating: “All people (male and female) are at risk of being a victim of sexual violence and are at risk of being accused of sexual violence so all of you should plan to use one or more than one of the strategies we have discussed to avoid being a victim and/or the accused.” (Emphasis original.) Poplardo had the students write down one strategy they would use on an index card and hand them to him before leaving class. In an interview with The Daily Wire, Poplardo said the students in his class came up with “some really cool ideas.” dailywire.com By Ashe Schow

UPDATE College Fix. Following media coverage, the school district suspended Poplardo indefinitely, according to The Daily Wire. The new charges are “misconduct and conduct unbecoming a teacher, misconduct, incompetence, and insubordination” for showing The Truth About Sex and College, which features Daily Wire reporter Ashe Schow. It certainly looks like retaliation against Poplardo by Superintendent Christopher Manno for discussing his suspension publicly. Manno had originally sought a six-month suspension for the teacher, whose monthlong suspension was scheduled to end Friday.

Share this:Tweet about this on Twitter
PODCAST: The Infectious Myth-Facing Campus Inequality with FACE’s Cynthia Garrett

, , , , /

PODCAST: The Infectious Myth-Facing Campus Inequality with FACE’s Cynthia Garrett

Cynthia Garrett is a lawyer in California who is involved with the organization FACE, Families Advocating for Campus Equality. She discusses with David Crowe the problems with the existing Title IX procedures to investigate allegations of sexual assault by students at American colleges and universities, such as:

  • the use of a single investigator
  • pressure on colleges to increase the rate of sanctions
  • lack of access to evidence
  • lack of cross-examination

And also how misunderstandings between young people, and misunderstandings of sexual consent can stimulate investigations when nobody is really at fault. The impact of campus sanctions on students and their families is also discussed. Garrett’s knowledge is derived from the 1500 cases that FACE has been involved with.

infectiousmyth.podbean.com Listen now or download the podcast

Share this:Tweet about this on Twitter
THANK YOU BETSY. DeVos is Defending Due Process For All

, , , /

THANK YOU BETSY. DeVos is Defending Due Process For All

One sexual assault on a college campus is too many and is not excusable. But we also need to be diligent in protecting the rights of those accused of sexual assault in America, which wasn’t happening until Education Secretary Betsy DeVos took action. DeVos has, with courage and integrity, proposed several common-sense changes to Obama-era Title IX guidelines. The proposed regulations will make clear that Title IX requires fairness to both parties, that policies or actions that are biased would violate Title IX and that training of adjudicators avoid sexual stereotypes. The change would order schools to make available training materials to students who request them. (There has been secret training of adjudicators to believe accusers even in the face of discrediting evidence, bans on meaningful cross examination and the concealment of exculpatory evidence in TitleIX cases.)  New guidance would suggest a written report summarizing both incriminating and exculpatory statements. When determining guilt, schools would be permitted to choose between a “preponderance of evidence” standard of proof (a more than 50 percent likelihood that the defendant is guilty) and a “clear and convincing” standard (75 percent)

There have been more than 100 federal and state decisions in which universities found themselves on the losing side in suits brought by students so “convicted” of sexual assault. These common-sense suggestions are grounded in the finest principles of American law. Yet all of these changes have been vigorously attacked by radical feminists and the same cabal that sought to destroy Supreme Court Justice Brett Kavanaugh.
gainesville By Edward B. Harmon

Share this:Tweet about this on Twitter
POSITIVE NEWS. Lawmakers Propose Changes to Title IX Process

, , , /

POSITIVE NEWS. Lawmakers Propose Changes to Title IX Process

Sen. Gary Romine’s Senate Bill 259 and Rep. Dean Dohrman’s House Bill 573 would allow students involved in Title IX complaints to receive a hearing before the State of Missouri Administrative Hearing Commission, which describes itself as a “neutral and independent hearing officer for the state.” “The purpose of the bill is to create balance between the accused and the accuser, to make sure there’s a good process in which both sides can be heard without either party’s credibility or life being ruined,” Senator Romine said. The bill follows a theme set by federal Secretary of Education Betsy DeVos, who has proposed changes to the Title IX process. Among other key elements of the bill:

  • Universities would be required to expedite hearings for students if the investigation and resolution of the complaint deprives their education.
  • Those accused would be provided with the identities of the parties and known witnesses and would have the opportunity to cross-examine parties and witnesses.
  • Denial of appropriate due process in a Title IX complaint would be considered a “breach of contract between the student and the university,” potentially resulting in a $250,000 fine for the institution.
  • If someone is found to have made a false complaint, the accused has the right to seek actual and punitive damages.

The House version of the bill would also “ensure that all parties use the terms ‘complainant’ and ‘respondent’ and refrain from using the term ‘survivor’ or any other term that presumes guilt before an actual finding of guilt.” “The problem is that a lot of times the accused does not have a proper recourse through the system,” Romine said. “And we want to make sure that if there isn’t a proper recourse, that the institution that’s supposed to be upholding Title IX is held accountable for it.” When asked what motivated him to propose the legislation, Romine said the bill came from conversations he had with people who had “experience in the situation.”

columbiamissourian By A. LEWIS & N. Vyhovsky

Share this:Tweet about this on Twitter
MULTIPLE LAWSUITS: Michigan State Shows Bias, Treats Their Male Students as Guilty.

, , , /

MULTIPLE LAWSUITS: Michigan State Shows Bias, Treats Their Male Students as Guilty.

More than three years of missteps in handling sexual assault cases has made Michigan State University swing the pendulum from not believing accusers to now discriminating against accused male students, three lawsuits allege.  The suits allege the male students involved were found “guilty” by the administrative investigative system simply because they were male. The suits go on to allege the university has deprived those students of their due process rights by not allowing them a live hearing with the chance to cross-examine their accusers as mandated by the federal 6th Circuit Court of Appeals in a ruling last year. “All three cases have a common thread,” said attorney Andrew Miltenberg, who represents the men in all three cases. The cases are:

  •  The Keith Mumphery case. Mumphery was initially found not to have violated the policy in a sexual encounter with a female student. However, the federal Office for Civil Rights mandated the case be reopened and, a year after the incident, MSU reversed its decision and found consent was not given.
  •  On Dec. 20, a male student filed a suit over an incident that took place when he was a sophomore at MSU. The suit alleges the investigator was a former sex crimes prosecutor and was biased against the male student and approached the case as a prosecutor, not as an impartial fact-finder.
  • On Dec. 26, a male student filed a similar case. The student was in his sophomore year at the time of the incident at the end of August 2017. The complaint centered on a male and female student who lived on the same floor.

freep.com By David Jesse

Share this:Tweet about this on Twitter
COURT: Exclusion of Evidence-Biased Training-Lack of X-Examination-Low Evidentiary Standard May Have Violated Student’s Due Process Rights

, , , /

COURT: Exclusion of Evidence-Biased Training-Lack of X-Examination-Low Evidentiary Standard May Have Violated Student’s Due Process Rights

Since 2011, there have been more than 400 lawsuits brought in federal and state courts by accused students alleging they were denied a fair process in campus sexual misconduct adjudications. Recently, a federal court in Mississippi denied the University of Mississippi’s motion to dismiss a student’s claim that the university violated his due process rights in numerous ways during the sexual misconduct investigation and hearing that ultimately left him suspended. The case stems from a sexual encounter between the plaintiff, an Ole Miss student proceeding as Andrew Doe, and his date.  His date, a fellow student known as Bethany Roe, never filed a complaint against Doe. According to Doe’s lawsuit, the complaint was filed by one of Roe’s friends, and Roe herself told law enforcement that although both students had been drinking, the sex had been consensual. Roe did not participate in the campus disciplinary proceedings against Doe. Doe’s lawsuit alleges the university violated his due process rights in a number of different ways.  Doe alleges that the Title IX investigator, Honey Ussery, deliberately refused to consider certain exculpatory evidence, including Bethany Roe’s statements to law enforcement that the sex was consensual, when preparing her investigative report for the hearing panel. He also alleges that the materials used to train the hearing panel were unfairly biased in favor of complainants,  implying that “when complainants withhold exculpatory details or lie to an investigator or the hearing panel, those lies should simply be considered a side effect of an assault.” The court allowed Doe’s due process claim to proceed on these impartiality grounds, holding that “there is a question whether the panel was trained to ignore some of the alleged deficiencies in the investigation and official report the panel considered. Coupled with the alleged deficiencies in the investigation, it is plausible that the scales were tipped against Doe” in a manner that violated his due process rights… The court’s decision is already the fifth opinion of 2019 involving lawsuits brought by a student accused of sexual misconduct on campus; four of those five decisions have been favorable to the accused student.

thefire.org By Samantha Harris

Share this:Tweet about this on Twitter
«< 47 48 49 50 51 >»