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FLAWED CAMPUS Assault Math @TulaneU. 12 to 166 TitleIX Complaints in Three Years.

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FLAWED CAMPUS Assault Math @TulaneU. 12 to 166 TitleIX Complaints in Three Years.

Forty-one percent of Tulane’s undergraduate women have been sexually assaulted since arriving on campus. That’s a shocking statistic, but is it true? The number is worth breaking down because Congress may soon require all colleges to use similar surveys to inform their practices. One problem is how broadly Tulane defines sexual assault. The school goes beyond rape/attempted rape to include any form of unwanted sexual contact, including a stolen kiss or hug. The latter may be unwelcome but is it assault?…The Tulane results matter because such flawed “campus-climate surveys” could soon become mandatory across the country. The House of Representatives will consider legislation to reauthorize the Higher Education Act, and it is likely to include direction on how universities should respond to sexual assault. If federal lawmakers fail to require rigorous standards for these surveys, universities could create sexual-assault policies based on false assumptions and faulty data.

Distorted Campus Assault Math – WSJ  knoxnews.com

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SETTLEMENT: DUKE was Losing in Court. Settles Four Year Lawsuit w Falsely Accused Male

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SETTLEMENT: DUKE was Losing in Court. Settles Four Year Lawsuit w Falsely Accused Male

Duke settled a legal dispute Monday about its student conduct process that’s been up in the air for almost four years, the University confirmed. Lewis McLeod enrolled at Duke as part of the Class of 2014. He was [falsely] accused of sexual misconduct by a female student in November 2013. Duke found McLeod responsible for sexual misconduct, and expelled him. In May 2014, McLeod filed a lawsuit, alleging that Duke violated the student conduct procedures set out in the Duke Community Standard. He alleged, among other issues, that Duke’s investigation was sloppy and that the University erred in conflating intoxication with incapacitation of the female student…The prospective settlement still requires a couple of weeks’ worth of paperwork before it’s final. This settlement eliminates McLeod’s case becoming a precedent that either reinforces or overturns the existing cases that regard private-university discipline-handbook promises as non-binding unless they’re part of an actual contract package the student and campus officials have signed.

heraldsun.com By Ray Gronberg

 

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VALUABLE GUIDE: Tips if You are Accused of Campus Sexual Misconduct

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VALUABLE GUIDE: Tips if You are Accused of Campus Sexual Misconduct

Allegations of sexual misconduct are extremely serious, even if you believe you have done nothing wrong. An allegation can result in you being temporarily removed from your housing at school, temporarily removed from your classes, temporarily restricted from certain areas of the campus, or suspended from school in general. For these reasons, you should consider taking the following steps upon receiving notice that you have been accused of sexual misconduct. Below is a valuable guide.

Steps to Consider if You Receive Notice that You have been Accused of Sexual Misconduct including templates for sending a letter to your school’s Title IX Office, Office of Disability Services, or other school official.

www.aane.org/tips-accused-campus-sexual-misconduct By Lori Tucker & Jake Goldberg, President & Founder of Students Advocating for Students

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GOOD NEWS! Yale Reaches Settlement with Expelled Male Student

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GOOD NEWS! Yale Reaches Settlement with Expelled Male Student

Yale has settled a lawsuit filed by a former student accusing the University of unfairly expelling him over false sexual assault allegations in 2012. Court documents show that a Hartford judge approved the settlement last week.  Gary Kurtz, one of John Doe’s lawyers explained that settlements can entail apologies, money or anything else that the parties believe is important to their claims. Kurtz explained that he was “reluctant” to discuss specific terms of the agreement and that he rarely discusses the details of his clients’ settlements. But he added that Doe graduated from another university after his expulsion from Yale and therefore did not need to be readmitted to Yale.

yaledailynews.com

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DUE PROCESS Be Damned. Accused UMichigan Prof. is Cleared, but Santioned till 2020

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DUE PROCESS Be Damned. Accused UMichigan Prof. is Cleared, but Santioned till 2020

University of Michigan Professor Pamela Smock was falsely accused of sexual harassment by three female graduate students. Prof. Smock had raised questions about the integrity of one of her graduate student’s work. What Professor Smock’s gang of three female students did next shines a light on how accusers seek revenge through Title IX. The gang of three cited multiple false allegations concerning Professor Smock’s alleged misconduct. The false allegations included Smock maintaining a firearm in her office, a handful of jokes, plus other allegations. Although Professor Smock was cleared of creating a sexually hostile work environment, she was later sanctioned for three years (until September 2020.) Professor Smock consistently denies all allegations made against her.

Complaint Filed with Jury Demand  NachtLaw Press Release 

 

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BREANA HARMON Pleads Guilty For Her False Rape & Kidnapping Claim

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BREANA HARMON Pleads Guilty For Her False Rape & Kidnapping Claim

Breana Harmon pleaded guilty to two counts tampering with evidence and two counts of tampering with a government record. Investigators said Harmon made up a story about being kidnapped from her apartment and raped by three black men. Previously, a Grand Jury indicted 19-year-old Breana Rachelle Harmon of Pottsboro, after an investigation by the Denison police determined that no offense had been committed and that Harmon had falsified her report to law enforcement. Harmon  Indicted   Breana Harmon pleads guilty

UPDATE: No Jail Time for Breana

4 Reasons Why Girls Make False Rape Accusations NO CONSEQUENCES!

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COCKY DUKE in Court Hot Seat Over Sexual Misconduct Policy For 2nd Time

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COCKY DUKE in Court Hot Seat Over Sexual Misconduct Policy For 2nd Time

Duke University could be on the verge of its second major court loss in a month in cases that challenge how it deals with discipline of students accused of sexual misconduct. Superior Court Judge Henry Hight has to decide soon on whether a jury should hear would-be Duke graduate Lewis McLeod’s claims that the university broke a contract in 2014 by trying to expel him after a campus hearing panel decided he forced himself on a female first-year student. Duke wants the case dismissed, but Hight pressed the university’s lawyers to explain how the campus disciplinary process can protect “the rights of the accused” absent a contract between the institution and its students that guarantees those rights. The problem the judge’s question created is that the Durham school argues and the state’s courts have long agreed that for private universities at least, the promises of conduct-and-discipline policy handbooks like the Duke Community Standard in Practice aren’t actually binding. But McLeod’s lawyer, Rachel Hitch, said an obvious contradiction in its position sets up the possibility that Duke is guilty of fraud. Though McLeod’s case dates from 2014, the long delay means McLeod’s lawsuit’s is re-emerging in the public eye just nine days after another student, Ciaran McKenna, won a similar one against Duke.

heraldsun.com By Ray Gronberg

 

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FIRE-BACKED Lawsuit Challenging DoED’s Unlawful TitleIX Mandate Voluntarily Withdrawn

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FIRE-BACKED Lawsuit Challenging DoED’s Unlawful TitleIX Mandate Voluntarily Withdrawn

Attorneys representing the U.S. Department of Education joined with attorneys for plaintiffs John Doe and Oklahoma Wesleyan University to ask a federal court to dismiss a lawsuit challenging the now-withdrawn mandate that colleges and universities use the low “preponderance of the evidence” standard of proof in all sexual misconduct cases. The Foundation for Individual Rights in Education sponsored the June 2016 lawsuit as part of its mission to restore due process to our nation’s campuses. John Doe and Oklahoma Wesleyan charged that the preponderance mandate did not undergo public notice and comment as required by the federal Administrative Procedure Act and was therefore unlawful. The joint dismissal stipulation states that the Department of Education “will not rely on the withdrawn documents in its enforcement of Title IX.”  Due process is in crisis on our nation’s college campuses, and with unwise and intrusive policies like those in the 2011 ‘Dear Colleague’ letter, the federal government had pushed colleges and universities to make the problem even worse,” said FIRE Executive Director Robert Shibley.

thefire.org

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NIGHTMARE FOR JOHN DOE @James MadisonU. Judge Tells JMU Pay Him $850,000K

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NIGHTMARE FOR JOHN DOE @James MadisonU. Judge Tells JMU Pay Him $850,000K

It may finally be payback time for one student at James Madison University. In a case involving a dubious sexual-assault claim and a proceeding reminiscent of Franz Kafka’s The Trial, “John Doe,” the accused male student, received a five-year suspension from the university. A court later reinstated him. And now the university may be required to pay Doe a cool $849,231.25 to cover his legal costs — if the judge on the case accepts the recommendation of a federal magistrate…But unless JMU changes its procedures and its attitude, any parents thinking about sending their kids to the university should think twice. Otherwise, they might find themselves in the same nightmare that John Doe did.

heritage.org By Von Spakovsky and Williams

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MALE ATHLETE is Victim of False Accusation. He’ll Never Get a Fair Hearing. Drops Appeal.

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MALE ATHLETE is Victim of False Accusation. He’ll Never Get a Fair Hearing. Drops Appeal.

Suspended from athletic competition and facing expulsion over accusations of sexual assault, University of Minnesota basketball player Reggie Lynch on Thursday dropped his appeals and slammed the process as unfair. Lynch was set to be part of an appeals process Thursday in one of two cases. Instead, he told reporters that while he was innocent of the accusations, he said he’d become a “victim of false accusations” and could not get a fair hearing in today’s climate.  He said he felt “hopeless and powerless” and there was no way to defend himself. He said he planned to pursue a career in professional basketball. “I did not commit any of the acts that I’m accused of,” said Lynch, adding that he had been truthful to university investigators during the inquiry. “The truth did not set me free, however.” His lawyer, Ryan Pacyga, ripped the university’s appeal process as skewed toward the accusers. Sexual assault victims deserve compassion, justice and fairness, he said, adding, “people accused of sexual assault deserve those very same three things.” In the current environment, he said, “it’s a no-win situation for the accused and it’s not fair. We need to do better. It is a hypocrisy right now.”

mprnews.org By Peter Cox

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