CURRENT News

IN 2018 LET’S FIGHT FOR DUE PROCESS

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IN 2018 LET’S FIGHT FOR DUE PROCESS

The fight for due process has never really gone away. Today, the most serious attack on our right to be treated fairly under the law is executed outside of the realm of politics and the courtroom, in the kangaroo court of moral-panic feminism and on the more intolerant sections of social media… The point about due process is that it treats people like human beings. It recognizes that no matter how important it might be to ‘speak out’ about sexual violence, the fact is that at the heart of an allegation there is both the accuser and the accused, and both deserve fair treatment. The rise of hashtag justice speaks to a society that is moving away from its humanity. If you do not consider people to be worthy of a fair hearing, you are unlikely to consider them to be capable of redemption.

spiked-online.com By Luke Gittos

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‘D’ FOR PRINCETON: Title IX Proceedings Immensely Less Fair than the Honor Code

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‘D’ FOR PRINCETON: Title IX Proceedings Immensely Less Fair than the Honor Code

Princeton’s Title IX proceedings offer less procedural fairness and fewer due process protections than the Honor system does. The Honor Committee utilizes a higher burden of proof to determine if a violation has occurred than does the Title IX panel. The Honor Committee also requires that a higher percentage of its members vote to find a student responsible for the student to be convicted than does Title IX.  FIRE recently issued a report on due process that gave Princeton a ‘D’ rating for the lack of due process and fairness in its handling of sexual misconduct cases. For all of the same arguments about fairness, justice, and the possibility of disparate impacts on different University populations that students made in favor of Honor Code reform, the fundamental unfairness of Princeton’s Title IX proceedings is deeply troubling.

dailyprincetonian.com

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NO JUSTICE for Males at Oberlin College. Prompts Lawsuits, Due Process Concerns

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NO JUSTICE for Males at Oberlin College. Prompts Lawsuits, Due Process Concerns

Ohio’s Oberlin College boasts a conviction rate for students accused of sexual assault that would make Vladimir Putin blush. A lawsuit filed last year by a student expelled from Oberlin reveals that every student who went through the college’s formal sexual assault adjudication process was found responsible on at least one count. William A. Jacobson, a professor at Cornell Law School said the conviction rate “calls into question whether Oberlin’s sexual assault hearings amounted to nothing more than show trials in which the accused were presumed guilty.”

washingtontimes.com By Bradford Richardson

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EXTRA EXTRA! READ ALL ABOUT IT! Judge Approves Groundbreaking Title IX Retaliation Lawsuit Against Drake

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EXTRA EXTRA! READ ALL ABOUT IT! Judge Approves Groundbreaking Title IX Retaliation Lawsuit Against Drake

Press Release: In a first-of-its-kind Title IX retaliation case, a former 23 year member of the Board of Trustees of Drake University won the ability to move forward in his lawsuit against Drake University and its Board of Trustees for retaliating against him after he spoke out against the University’s improper conduct, including the wrongful sexual assault investigation of his disabled son.  

Judge Rebecca Goodgame Ebinger for the Southern District of Iowa last week allowed the case to move forward with the following charges against Drake University and its Board of Trustees:  violation of Title IX of the Education Amendments of 1972, breach of fiduciary responsibilities, breach of contract, and retaliation under the Americans with Disabilities Act. In addition, the case is also proceeding under the Iowa Civil Rights Act and the Rehabilitation Act.

According to the complaint, Drake University openly discriminated against and targeted its disabled students and, together with its Board of Trustees, instituted a concerted attack on all those who dared speak out for the rights of Drake University’s students, including the plaintiff, Tom Rossley. The lawsuit describes how Mr. Rossley experienced first-hand Drake University’s wrongful treatment of disabled students when the school maliciously withheld necessary accommodations from his disabled son.  As a result of his advocacy for his son and Drake University students, the Board, with the support of the University President, removed Mr. Rossley from the Board of Trustees.

“Drake University and its Board of Trustees will not succeed in silencing Tom Rossley in his advocacy for his son and other Drake students,” said Rossley’s attorney Andrew Miltenberg. “We are gratified by the judge’s decision and we will continue to pursue justice for this family, whose lives have been irreparably harmed by the unlawful, discriminatory actions of Drake University and its Board of Trustees.”

The plaintiff’s son also filed a lawsuit against Drake University in federal court in December of 2016, charging that the school violated Title IX equal protection clause, his rights to due process, and the Americans with Disabilities Act.  The case state’s that the University wrongfully expelled the student and refused to investigate his simultaneous charge that his female accuser sexually assaulted him on the same night of the alleged incident—even considering her own admission that she initiated in sexual conduct without his consent. 

Additionally, the University failed to properly accommodate the student’s ADHD, anxiety, and language-based learning disabilities during the disciplinary process, despite the fact that Drake University is home to the Harkin Institute for Public Policy and Citizen Engagement, which lists advocacy for people with disabilities as one of its primary areas of focus.  According to the lawsuit, officials at Drake University took advantage of the student’s language-based disability in order to railroad him out of the University. The student’s lawsuit was upheld by the same federal judge in August and is moving forward with discovery.

Questions?  Contact Jeanette Hoffman (908) 418-0859

 

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LAWSUIT: Falsely Accused GWU Prof. Suing for Malicious Title IX Investigation

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LAWSUIT: Falsely Accused GWU Prof. Suing for Malicious Title IX Investigation

Chemistry professor Catherine Woytowicz is suing George Washington University after it allegedly subjected her to a malicious sexual harassment investigation. Woytowicz was accused of Title IX sexual harassment by a male student and the accusations “were later found to be unfounded.” According to the complaint, Title IX Coordinator Rory Muhammad kept a notebook of the accusations against Woytowicz, and when she asked to see it during the meeting, Muhammad held the notebook above her head and seemed to ‘delight in this, as if playing a child’s game of keep away’.  Woytowicz  claims that the University’s handling of the case represented a breach of contract and violated her rights under the First and Fifth Amendments and the D.C. Human Rights Act.

thecollegefix.com By Daniel Payne

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USC: CA Judge Leans in-Believes Title IX Accusation Over Facts

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USC: CA Judge Leans in-Believes Title IX Accusation Over Facts

L.A. Superior Court Judge Amy Hogue said she is leaning toward denying former USC kicker Matt Boermeester’s petition for reinstatement to USC in the face of a Title IX domestic violence allegation involving his girlfriend, Zoe Katz. Boermeester’s lawyer, Mark Hathaway said a surveillance video of the encounter exonerated his client, and said Katz repeatedly denied making the statements attributed to her and that she and his client walked away from the incident holding hands. He described both Boermeester and Katz as two athletes at the top of their game who are strong physically and mentally.

sfvmedia.com

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MALES BEWARE: Major Blow to Due Process @University of Maryland

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MALES BEWARE: Major Blow to Due Process @University of Maryland

The University of Maryland Senate recently voted to lower the standard of evidence in student misconduct hearings while simultaneously limiting students’ access to attorneys. Edward Priola, a UMD faculty Senator who voted against the measure, said he has deep reservations about the changes, which he called “a systematic dismantling, from my observation, of due process and the civil rights of students.” Priola says that the SCC sees attorneys as “scary to the students who are sitting on the board of discipline,” and does not want the students who are participating in those disciplinary hearings to be intimidated.

campusreform.org By Adam Sabes

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WIN for Male. USC Title IX’s Gretchen Means is Biased Against Males & Judge Agrees

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WIN for Male. USC Title IX’s Gretchen Means is Biased Against Males & Judge Agrees

Just before Christmas, a judge overturned the University of Southern California’s 2015 sexual-assault finding against an accused student, deeming him the victim of a process that was not “fair, thorough, reliabl[y] neutral and impartial.” One of the errors made by the private institution? Gretchen Means Title IX coordinator and Patrick Noonan the investigator repeatedly called the male student and his adviser “motherfuckers” after they forgot to hang up on a call with them. Means asked, “Who do these motherfuckers think they are?” and “Does that college motherfucker know who I am?” Both Noonan and Means referred to [Doe] as “motherfuckers.” Noonan and Means also described Roe as “a catch” and expressed, “[She is] so cute and intelligent. What was she doing with that (referencing [Doe])?”…L.A. Superior Court Judge Elizabeth White rebuked USC for having the chutzpah to claim that its system is “comprised of independent decision-makers.”

thecollegefix.com By Greg Piper

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ENTITLED to Title IX Fairness: Balancing the Rights of Accuser and Accused

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ENTITLED to Title IX Fairness: Balancing the Rights of Accuser and Accused

In September 2017 Secretary of Education Betsy DeVos announced that guidelines for how universities should handle reports of sexual assault would change. One of DeVos’ main concerns when announcing the new changes was that previous guidance under the Obama administration denied proper due process to those accused of sexual assault on campuses. Under DeVos, DoED’s new interim guidance allows universities to modify the standard of evidence in campus sexual assault cases. Schools can now go from using preponderance of evidence (the lowest threshold) to a clear and convincing standard (the mid-level threshold) if they so choose. “Washington’s push to require schools to establish these quasi-legal structures to address sexual misconduct comes up short for far too many students…everyone loses.”

hollandsentinel.com

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LOOKING BACK: 35 Campus Rape Hoaxes & False Accusations.

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LOOKING BACK: 35 Campus Rape Hoaxes & False Accusations.

Below is a list of 35 documented false accusations by college females. This list demonstrates why constitutional due process is essential during Title IX sex hearings.

At Austin Peay State University a female student reported a sex assault by a stranger. Campus police determined that the events as described did not occur, and the female false accuser later told the APSU police that she was not assaulted. Nov. 2016

Clemson University Student, Abbriyanna Rai-Beth Dutill made a false accusation to the police. The police charged Ms. Dutill for filing a false police report. Mar. 2016

At Clemson University campus police say a report of a student being sexually assaulted on campus is untrue. Sept. 2016

At College of Charleston two students had a valentine hook up date. Afterward the female fabricated an assault and accused her date of rape. Paul Robinson was always innocent and was cleared by a jury. Dec. 2017

Colorado State University-Pueblo settled with falsely accused Grant Neal. July 2017

Columbia University settled with Innocent Accused Paul Nungesser. July 2017

At Cornell University  a false accusation was made against basketball player Xavier Eaglin. He was always innocent, and the court agreed. All charges against Xavier were dropped. Aug.2017

At Delta College- University Center Michigan student Mary Zolkowski falsely reported to campus police that she was attacked and raped. Zolkowski was charged with one count of falsely reporting a felony. Aug. 2107

DUKE RAPE HOAX-10 Years Later:  Black stripper Crystal Gail Mangum, (currently in prison for murdering her boyfriend) falsely accused three white athletes of rape. Mar 2016

George Washington University student Mariam Kashani falsely accused two black men of raping a white girl at knife point. After all hell broke loose on campus, Kashani’s lawyer called the campus police to say her client had completely fabricated the interracial rape. Dec. 1990

At Hofstra University female Danmell Ndonye falsely accused 5 innocent males of rape when her new boyfriend found out she had sex. Later Danmell admitted her sex orgy was consensual.  Sept. 2009

Liberty University says a female student that reported an abduction and sexual assault was not true. Oct. 2017

Lindenwood University student, Joanna Newberry lied, saying that she was attacked in the basement bathroom of Butler Library. Newberry was dismissed from Lindenwood, and charged with a misdemeanor count of making a false report. March 2014

Miami University, serial accuser Angela Cameronis , and other officials were sued for discredited allegations againt David Jia. Jia is seeking justice against the university that railroaded him. Jan. 2017

Michigan State University campus police say a false rape report was filed, accusing three black males of assault. Investigators said the report was false, and an attempted sex assault ‘didn’t actually happen.’ Oct. 2017

Rape Hoax at Northwestern University when four females falsely claimed they were raped. After the shrieking protests and hysteria ensued it was determined that the source of the false rape accusations were anonymous phone calls. Vice President for Student Affairs Patricia Telles had to admit the accusations were false. April 2017

At Pomona College  a female falsely accused a male student of assault. There was never an assault. The male is innocent and the court agreed. Oct. 2017

At Princeton, Mindy Brickman falsely accused a male student of raping her. When Brickman’s claim fell apart, she wrote an apology in the pages of the Princetonian newspaper, noting that she had never once talked to the man she falsely accused. 1991

At Rollins College student Desiree Nall falsely accused two men of raping her in a bathroom.  After the rape hoax was exposed, Nall was charged for making a false statement to police. April 2005

Sacred Heart University former student Nikki Yovino was accused of making up rape allegations against two football players to gain sympathy from a prospective boyfriend. She was charged with second-degree falsely reporting an incident and fabricating physical evidence. Nov. 2017

Swarthmore College  admitted they acted unfairly in charging a male student with sex assault. Nov. 2014

University of Alabama  student, Emma Mannion falsely claimed she was raped by two men. Video surveillance didn’t support her accusation, and eventually Emma acknowledged she lied. Emma Mannion was arrested on a misdemeanor charge of filing a false report.

At University of California, Santa Cruz  Morgan Triplett (a UC Santa Barbara student) found a male on Craigslist to beat her up and have sex with her. She then reported it as rape. Police confirmed that Morgan’s story was a rape hoax. “She was suicidal, and she wanted something to almost bring her back to reality.” April 2013

University of Central Oklahoma’s police say a female student who reported an abduction, and sex assault by two men is false. Sept. 2017

UNC-Chapel Hill’s  opportunist white girl Delaney Robinson falsely accused black athlete Allen Artis of assault. Allen Artis was always innocent, and thankfully he could afford a lawyer.

University of Florida former student Tanya Borachi lied to police about being bound and gagged. Borachi’s family was expecting her to graduate soon, but she wasn’t enrolled. Borachi told police she fabricated the story. Police charged her with filing a false police report. May 2013

University of Oklahoma’s Rodney Anderson was falsely accused by opportunist liar Courtney Thornton. Thornton was accused of lodging a false rape accusation against Mr. Anderson. Dec. 2017

University of Oregon A female student falsely accused basketball player Kavell Bigby-Williams of assault. “No charges have been nor will be filed in the case.”  Aug. 2017

At University of Pennsylvania Jane Doe falsely accused John Doe of assault. Rather than be exposed for its faulty and covert Title IX sex hearing, UPenn settled with John Doe. Nov. 2017

University of Southern California Armaan Premjee is innocent. CA Judge rules that the female falsely accused the male, that she was the aggressor, and that she fabricated her assault. Aug. 2017

A false complaint was filed by a dweeb against USC kicker Matt Boermeester. Matt was expelled while his supportive girlfriend Zoe Katz was harassed for not throwing Matt under the bus. July 2017

University of Texas President Gregory L. Fenves allowed a wealthy female student to lie about being assaulted. In court John Doe prevailed, proving his innocence, while exposing Fenves disgraceful actions. Nov. 2017

Massive Rape Hoax at University of Virginia. Emotional liar and  false accuser Jackie Coakley’s lawyers admit that their client,  fake rape girl Jackie, invented her rapist. June 2016

University of Wyoming student Meghan Lanker-Simons accused herself of rape on FB. Police investigated the incident and determined that the FB post was a hoax perpetrated by Meghan herself. Meghan Lanker-Simons was charged with interfering with a police investigation. May 2013

Winthrop University police say a female student filed a false sex assault report. “Winthrop Police found no evidence to substantiate the allegation that an assault occurred …the report by a student that she was sexually assaulted is unfounded.” Jan. 2017

I agree with journalist Cathy Young when she wrote “The Duke lacrosse case reminds us that false accusations of sex crimes do happen and that the wrongly accused are the real victims.”

And it is the reason why I fight for due process for college students accused of Title IX sexual misconduct.

-Alice True

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