CURRENT News

JUDGE APPROVES Subpoena for Obama Records on Anti-Male Bias in TIX Lawsuit

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JUDGE APPROVES Subpoena for Obama Records on Anti-Male Bias in TIX Lawsuit

When a federal judge dismissed part of a male student’s Title IX lawsuit against his university she cited the binding precedent of her appeals court. But now that the 6th U.S. Circuit Court of Appeals has changed its precedent, Judge Susan Dlott has revised her ruling in a case against the University of Cincinnati. Plaintiff Tyler Gischel had asked the judge to reconsider her dismissal of his claims for “selective enforcement” under Title IX and violation of his equal protection and substantive due-process rights, in light of the 6th Circuit’s ruling against Miami University of Ohio…Plaintiff Gischel’s case is unusual because of evidence that his accuser, Jennifer Schoewe, had an inappropriate relationship with the detective investigating her allegations. Judge Dlott cited this evidence as one reason to let Gischel’s lawsuit proceed…A related ruling from Dlott is also notable for what appears to be a first in campus due-process litigation: approval of a subpoena for records that could show the university discriminated against males in response to pressure from the Obama administration. The 6th Circuit’s ruling reinstating the lawsuit against Miami University pointed to evidence that the investigator, Susan Vaughn, favored the accuser and told the accused that he probably sexually assaults women “all the time.” UC has the same problem Miami University did, the judge continued: It refused to investigate Schoewe’s alleged violation of Gischel -kissing him and touching his penis- because he didn’t file a formal complaint. According to TitleIX expert Prof. KC Johnson, Dlott appears to be the first judge to “not quash a subpoena” to OCR from a student accused of sexual misconduct, who is seeking information about OCR’s investigations of the school that punished the student. Gischel thinks the government’s documents could show whether the university “made statements to the OCR that tend to indicate that it was making gender-based decisions or had gender-based motivations in response to the OCR investigation and complaints.”

thecollegefix.com By Greg Piper

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RULING: TitleIX Doesn’t Protect Drake ExTrustee Father Against Retaliation for Defending Learning Disabled Son

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RULING: TitleIX Doesn’t Protect Drake ExTrustee Father Against Retaliation for Defending Learning Disabled Son

A university trustee who was fired after trying to defend his son in a Title IX proceeding can’t sue Drake University under the “novel” argument that the father is also covered by the education law, a federal judge ruled last month. The ruling is difficult to analyze because “there’s no direct precedent (one way or the other) applying to the specific facts” on the “highly technical issue” of whom Title IX covers, Title IX expert Prof. KC Johnson said. The senior Rossley won an earlier round in Ebinger’s court on the issue of whether he has standing to sue for retaliation under the Americans with Disabilities Act. His son has a learning disability and “word retrieval” problems, which the Rossleys allege were not taken into account during his son’s sexual-misconduct proceeding. “Now Drake University has the dubious distinction of being the first college in the United States to pave the way for all colleges to retaliate against their trustees and all volunteers who might stand up for someone’s civil rights under Title IX,” said Rossley Sr. Beyond advocating for his son, Rossley Sr. was “more importantly” warning his trustee colleagues that “Drake’s policies ran the risk of a financial liability for the institution–precisely what a trustee is supposed to be doing. The conduct of the Drake trustees in this case is highly problematic.” noted KC Johnson.

thecollegefix.com By Megan Keller

 

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ANDREA Pino Claims She’s a UNC Rape Victim. But Does Her Own Story Hold Up?

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ANDREA Pino Claims She’s a UNC Rape Victim. But Does Her Own Story Hold Up?

A case that helped jump-start a wave of campus sexual assault activism across America has ended in a big win for the UNC Chapel Hill complainants. Among those celebrating is former UNC student Andrea Pino, the co-founder of the national organization End Rape on Campus and the best-known of the five women behind the complaint. But her victory comes with an asterisk. While Andrea Pino’s role in the UNC complaint propelled her to national visibility, there are also serious questions, unanswered and largely unasked, about the credibility of her own story of sexual assault. The Campus Rape Frenzy, describes Pino’s complaint against UNC as “the highest-profile questionable Title IX claim.” While the authors stop short of calling Pino’s story a hoax, they note that it has startling parallels to that of Jackie, the faux victim in Rolling Stone‘s retracted story of a brutal fraternity rape at the University of Virginia…A TitleIX activist advocating for campus sexual assault survivors said this about Andrea Pino. “There have been some of us who have been frustrated for years by her web of lies.” Danielle*, who has interacted personally with Pino on a number of occasions, told me that she began to suspect her of being untruthful shortly after the Title IX complaint was filed. “I noticed that her ‘story’ became more and more graphic each time she told it to the press,” Danielle wrote. “She also loved being ‘in the limelight’ so much more than other survivors. And then other students began to tell me discrepancies in her story, such as the fact that the date she says it happened was when the dorms were closed for a break, so she could not have returned to her dorm room. Several students shared that her story was a ‘mash-up’ of three other students’ stories.” Danielle believes there is a “conspiracy of silence” that shields Pino’s credibility problems. “Many people in the movement are aware,” she wrote, “as well as some in the press whom I’ve spoken with.” She says that “there are powerful pressures to keep silent about potential hoaxers, and this hurts the movement in the long run.”

reason.com By Cathy Young

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WHEN AN Accuser, (Nikki Yovino/Mary Zolkowski) Cries Wolf.

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WHEN AN Accuser, (Nikki Yovino/Mary Zolkowski) Cries Wolf.

Recently, a female college student from Long Island, New York, [Nikki Yovino] was sentenced to one year in prison for falsely reporting to the police that she was sexually assaulted by two male students at Sacred Heart University in Connecticut. Until recently, Title IX complainants who lodged false claims of sexual misconduct have done so largely with impunity. The Sacred Heart case illustrates a turning point in the campus sexual assault dialogue. It marks one of the first cases in which a court severely punished a female college student for a false accusation of sexual assault. While female students have previously been prosecuted for false reports of sexual assault, they have typically received sentences of probation. Not anymore. In addition to the Sacred Heart case, it was just reported that a Michigan judge sentenced a woman [Mary Zolkowski] to forty-five days in jail for falsely reporting that she was raped in a parking lot at Delta College near Bay City, Michigan. Whether in the criminal justice system or in campus proceedings, false allegations destroy lives – especially allegations as serious as sexual assault. Monetary settlements intended to compensate for reputational harm address only a portion of the impact of false accusations. However, complacency to this injustice is not the answer. The falsely accused should seek remedies available to them by the law.

kjk.com By Susan Stone and Kristina Supler

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CAL STATE Chico’s Expulsion Backfires in TitleIX Case

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CAL STATE Chico’s Expulsion Backfires in TitleIX Case

A Los Angeles Superior Court Judge overturned the expulsion of a student accused of sexual assault, forcing the school to take another look at the student’s case. The school’s lengthy investigation into Doe resulted in what Judge Chalfant termed a “de facto one-year suspension” for the student. Doe claimed that the extended proceeding inhibited him from accepting “numerous job offers from prominent sports teams” because he had not obtained his degree. “These mistakes ultimately were corrected, but they made the disciplinary hearing process more complicated,” the judge said. Doe, an athletic trainer on campus, claimed he and freshman athlete Roe met at a party in February 2015 and had consensual sex, whereas Roe alleged that she lost consciousness after consuming a spiked drink, only to wake up to Doe having sex with her…Cal State Chico asserted that it had followed California legal precedent by allowing Doe to question “Jane Roe,” the accuser, and witnesses who allegedly heard a recording of the sexual assault Roe made and subsequently deleted, but Judge Chalfant called this claim “wrong.” Chalfant ruled that Cal State Chico did not give “John Doe” the chance to refute allegations made against him.  But since Chalfant also rejected Doe’s assertion that the university’s verdict was “not supported by substantial evidence,” the student is still embroiled in the case.

dailycaller.com By Rob Shimshock

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A WIN For JohnDoe. Read his Court Hearing Transcript. JWU Must Deliver TIX Training Materials.

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A WIN For JohnDoe. Read his Court Hearing Transcript. JWU Must Deliver TIX Training Materials.

From the court hearing transcript John Doe’s attorney James Ehrhard argues:  ‘What makes my case very unique is that I actually asked for the training materials and was explicitly denied, and I think I know why…TitleIX coordinator Claire Hall was on the trauma – was a faculty member for the Trauma-Informed Sexual Assault Investigation and Adjudication Institute. Trauma-informed training is specifically sexual assault training which presumes that the complainant is not lying and that females are open to assault by males. And the Wall Street Journal itself just did an editorial about trauma-induced training is inherently biased against males. We believe if the motion to dismiss is denied and we move to a very limited discovery stage, we’re going to get those materials and those materials are going to track exactly what we’ve seen nationwide, that the training materials are inherently biased to a belief that males are sexual offenders. And if that’s, indeed, the case, then that shows the panelists were biased against Mr. Doe because of his gender.’

Judge McConnell Jr.: ‘The Court’s going to deny the motion to dismiss as to the Title IX claim. Mr. Doe, has alleged, amongst other things, issues involving gender through the training process. While that is a thin allegation, the fact that Mr. Doe asked for training material during the appeals process and it wasn’t obtained or given to him qualifies to me for why the Court’s willing to accept less than it would otherwise expect at the pleading stage of this. In addition, as I said earlier, I believe you can add to that the inference that, as pled, this Court can find no reason at all as to why Mr. Doe was treated — the result was Mr. Doe’s expulsion. The only inference that one could draw from that considering all the facts is that gender played a role. And when you combine those two with the fact that all of the information is in the Defendant’s hands, it all counsels against dismissing the Title IX claim at this stage.’

Doe v. JW University Transcript The judge let 7 of 9 go forward.

 

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EXPELLED Just Before Graduating,1st Gen Immigrant Male Appeals UofChicago Decision

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EXPELLED Just Before Graduating,1st Gen Immigrant Male Appeals UofChicago Decision

From the expelled male. “[The expulsion decision] came on June 2nd, and to be honest, my family and I were completely blindsided and devastated. I had just finished my last final of my last quarter of college. For all intents and purposes, I was done. Then at the last possible second, everything I had worked towards for four years was ripped away from me based on a false allegation,” he wrote. He repeatedly denounced the disciplinary committee’s finding. “I did not do this. I swear to that with every ounce of my being. I remember the events in question and I am absolutely certain that they did not play out the way the complainant describes them.” He said that he felt wronged by a disciplinary system that he called “informal” and “unfair” to him.  “The system is heavily biased against individuals like me. My family and I are working-class first generations immigrants. My parents barely speak English. We didn’t know anything about dealing with these sorts of hearings,” he wrote. “I was presumed guilty from the start.” He is appealing  the case.

chicagomaroon.com  by Sorority sister of the accuser

MALE LAWSUIT 2016: UofChicago Sex Policy Creates Hostile Environment

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GOOD NEWS. U of Kentucky is Rationale: Ditches Double Jeopardy, Adds Unanimity in TIX Cases

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GOOD NEWS. U of Kentucky is Rationale: Ditches Double Jeopardy, Adds Unanimity in TIX Cases

Students and faculty at the University of Kentucky will now adhere to a new set of regulations outlining the disciplinary proceedings in cases of alleged sexual assault and similar incidents. President Eli Capilouto announced that the university had officially finalized its awaited changes to Administrative Regulation 6:2. The president’s announcement is one that has been over a year in the making after the administration charged an ad hoc committee with the responsibility of addressing sexual assault on UK’s campus. Now, in cases of alleged sexual assault, the disciplinary panel must be unanimous in determining that a respondent is responsible of committing an infraction, according to the regulation. This means that all three members of the panel must agree. The “preponderance of evidence” will continue to be the standard by which members of the Sexual Misconduct Hearing Panel determine whether policy was violated by members of the UK community, meaning that more than 50 percent of evidence must point to a certain verdict for it to be enacted. The newest changes to AR 6:2 eliminated the possibility of a party in a sexual assault case of appealing a determination of “not responsible.” Now only a finding of “responsible” may be appealed, according to the regulation.  “In this way, we are working to ensure due process for all parties involved,” said Jay Blanton.

kykernel.com By Jacob Eads thecollegefix.com By Greg Piper

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CORNELL SETTLES w Acc’d Male. Seriously, Cornell is Unsafe for Males. #StayAway

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CORNELL SETTLES w Acc’d Male. Seriously, Cornell is Unsafe for Males. #StayAway

It is great news that Cornell settled with this innocent accused male student. But every high school male should seriously consider, not to attend Cornell. Cornell is without a doubt, a deceitful ugly and unsafe educational environment for young males. If you think I am over reacting, you can review SOS’s posts regarding Cornell and read the many court decisions against Cornell for not following their TIX policies, and for railroading their tuition paying males. I can not stress enough, if you are a male stay away from that godforsaken Cornell campus.

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