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HAVE AMERICANS Forgotten Why Due Process Matters?

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HAVE AMERICANS Forgotten Why Due Process Matters?

America has a due process problem.

Whether one considers the contentious recent Supreme Court confirmation hearing, Title IX proceedings on college campuses, or federal agency hearings in front of administrative law judges, this country is in danger of forgetting about the Bill of Rights and why due process matters. Rights violations are rampant in all three of these contexts, and the resulting damage to justice, fairness, and—importantly—the perception of justice and fairness is incalculable.

forbes By Mark Chenoweth

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GWU FLOUTS Court Order by Dismissing New Evidence in Title IX Appeal

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GWU FLOUTS Court Order by Dismissing New Evidence in Title IX Appeal

Ordered by a federal judge to consider an appeal by a student it found responsible for sexual misconduct, George Washington University flouted its obligation by repeatedly mischaracterizing new evidence, according to an amended version of the student’s lawsuit. “John Doe” also alleges that the private university allowed his accuser, student Gillian Chandler, to bring forward “more false allegations” that he had stalked her on Facebook. In order to allow this, GWU invented a procedure out of thin air, he claims. U.S. District Judge Rosemary Collyer had previously faulted the official responsible for Title IX appeals for repeatedly using the wrong standard to judge appeals, violating GWU’s own rules. She wouldn’t even let Robert Snyder, executive director of planning and outreach, consider Doe’s appeal again in light of his years of misreading his own duties. Instead, the judge sent the matter to an appeals panel.

thecollegefix   By Jeremiah Poff

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FORMER OHIO State Football Player Acquitted of Rape After Accuser Lied & Prosecutors Offered Plea Deal

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FORMER OHIO State Football Player Acquitted of Rape After Accuser Lied & Prosecutors Offered Plea Deal

A former Ohio State running back didn’t accept a suspect plea deal and it paid off big time. In 2017 Bri’onte Dunn was charged with two counts of rape but was found not guilty after the accuser admitted she lied in a recording. Dunn was facing a 33 year sentence if convicted. As WBNS 10TV reports, Dunn and the accuser dated last year, and on the day they split she gave him a ride to his apartment. That’s where she claimed Dunn raped her but later admitted there was no forceable contact. Jurors heard recordings of her telling Dunn she would tell everyone she had lied about it. Plus, on the stand, the woman said that she contacted Dunn up to 27 times after the alleged incident.  The jury deliberated for just under three hours before returning this verdict: “We the jury in this case, being duly empaneled and sworn, find the defendant not guilty as to count 2 of the indictment for rape.” Dunn hugged his attorney and wiped tears from his eyes. His friends and family were overcome with emotion at the outcome. “My client has categorically rejected that offer,” Landusky said Tuesday. “My client has told me, and I even asked him, if they offer a minor misdemeanor disorderly conduct and suspended all fines and costs, would you take a deal? He says no. and his reason for that is because he is an innocent man. He’s not just presumed innocent, but actually innocent.” “That’s why we have trials in this country,” said Landusky. “Thank God we live in America and we have our court system to make sure things stay fair.”

atlantablackstar By Daryl Nelson

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EX-STUDENT Was Falsely Accused of Sex Harassment & Denied Campus Due Process

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EX-STUDENT Was Falsely Accused of Sex Harassment & Denied Campus Due Process

For the first time in five years, Joseph Roberts returned to Savannah, Georgia, his college town. The homecoming is hard for Roberts. In fact, he is not even sure what will happen to him if he steps on campus. “I don’t feel safe,” Roberts told ABC News’ “Nightline.” After serving in the Navy, Roberts was on track to become the first person in his family to receive a college diploma. Instead, he received an email from his school Savannah State University that derailed his dream of graduating. “An email came from the Office of Student Affairs,” Roberts recalled. “’You are hereby summarily suspended and if you step foot on campus, you get the threat of expulsion and arrest.’ A couple minutes later, there was a campus-wide email alert with — my picture was almost like a mug shot. ‘If you see me — immediately report to Public Safety.’” Roberts said the email was sent after two students filed complaints, which Roberts called false allegations, of verbal and online sexual harassment. According to documents obtained by ABC News, he was suspended the same day the first complaint was made. Roberts claimed no one reached out to him, interviewed him or asked him what happened before the email went out and that he was “immediately” found guilty. “Just off the mere accusation. Done. Done,” he said.

abcnews.go.com

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HARVARD HIT With First Title IX Lawsuit by Accused Black Male, Alleging Racial Discrimination

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HARVARD HIT With First Title IX Lawsuit by Accused Black Male, Alleging Racial Discrimination

A new federal lawsuit against Harvard University, alleging violations of Title IX, due process and its own contractual obligations, has been filed by an accused student. The suit also accuses Harvard of discriminating against both “John Doe,” who was suspended until fall 2019, and his accuser because they are African American. Both had requested “informal resolution” of their dispute, but Harvard denied it based on the “seriousness” and “severity” of Doe’s alleged behavior and the “potential risk of a hostile environment” for other students. Harvard never imposed interim measures to protect “Jane Roe” or the university community, however, suggesting the rationale for the refusal was “tenuous at best,” Doe claims. He and Roe were treated differently than “white students in similar situations.”

thecollegefix  Jeremiah Poff

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RULING: Reinstate Football Player. “Univ.Southern Miss. Did Not Extend Due Process”

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RULING: Reinstate Football Player. “Univ.Southern Miss. Did Not Extend Due Process”

A federal judge ordered the University of Southern Mississippi last month to allow a football player to return after the university ruled that he had broken the school’s sexual misconduct policy and suspended him for a year. In ruling on the player’s “emergency motion for temporary restraining order and injunctive relief,” United States District Judge Keith Starrett concluded that the university had not extended due process during a July hearing before the university’s Sexual Misconduct Investigative Team. Starrett ruled, “Allow plaintiff to enter campus for the purpose of attending the courses at the university that he is presently enrolled in and all activities necessary to maintain his athletic scholarship, which may include, inter alia, training, practices, games, team meetings and the like. ”The court prefaced it’s decision by noting that “the purpose of a preliminary injunction is to preserve the status quo and thus prevent irreparable harm until the respective rights of the parties can be ascertained during a trial on the merits. “Only in rare instances is this type of injunction proper,” the opinion went on to read. “In its discretion, based on the totality of the circumstances of this case, the (c)ourt finds this is one of those rare instances.”

wdam  By Tim Doherty

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FORMER BAYLOR Football Player Sues. Claims Baylor Mishandled Title IX Case Against Him

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FORMER BAYLOR Football Player Sues. Claims Baylor Mishandled Title IX Case Against Him

A former Baylor University football player has sued the school, claiming administrators mishandled a Title IX case against him, unfairly leaving him without living quarters, dining options and a scholarship.  Richard Tate, Faulk’s lawyer, said the situation is “the most egregious example of just fundamental denial of due process and fairness” he has ever seen. The lawsuit states Faulk had been kicked off the team, stripped of his scholarship and effectively expelled without knowing of any Title IX allegations against him.

wacotrib By Phillip Ericksen

 

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JURY WILL Hear Why Drake U. Expelled Disabled Male After Female Admitted Sexually Assaulting Him

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JURY WILL Hear Why Drake U. Expelled Disabled Male After Female Admitted Sexually Assaulting Him

Drake University will face trial over whether it enforced sexual-misconduct rules against a male student but not a female student when each accused the other of sexual assault, violating Title IX. The case stands out from other Title IX litigation in several ways. Rossley Jr., who was expelled, claimed the university failed to accommodate his learning disability in the Title IX proceeding. His accuser also admitted to performing oral sex on him at a time when Rossley Jr. claims he couldn’t consent, but was never investigated. His father Tom, a longtime Drake trustee, also sued the university for “Title IX retaliation” because Drake fired Tom after he argued internally that his son was being treated unfairly. Judge Ebinger threw out the father’s suit this summer, saying his position at Drake was not covered by Title IX.

thecollegefix By Greg Piper

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LAWSUIT UPDATE: Boston College Gets Jury Trial Date Since BC Refuses to Expunge Doe’s Record

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LAWSUIT UPDATE: Boston College Gets Jury Trial Date Since BC Refuses to Expunge Doe’s Record

The pending lawsuit against Boston College has had a jury trial date and pretrial hearing date set. The trial is set for April 22, 2019, while a pretrial hearing to hash out the scope of the case has been set for March 7, 2019, according to a new joint proposal filed by both sides. It is the first jury trial of a due process suit filed after the Obama administration reinterpreted Title IX doctrine in 2011. The pretrial hearing will cover the “significant differences” the two parties need to resolve in front of Judge Denise Casper. The amount of witness testimony, expert witness testimony, and exactly what damages the University could be liable for will be set during the hearing. The scope of the case will primarily surround whether the lawsuit will center around only the breach of contract violation or go beyond that issue. Specifically, basic fairness claims the plaintiff has made will be up for debate. The University argued that no basic fairness claims should be up for review. In the past, both sides have cited the plaintiff’s request for expungement of his record as a primary issue preventing a settlement between the two parties. BC has said expungement of the disciplinary record is a nonstarter in regard to settlement negotiations, while the plaintiff has cited expungement as the most important element of his requested damages. The plaintiff has also asked for $3 million in reparations.

bcheights By Jack Goldman

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