DUE Process Rights

Articles relating to due process rights for our College boys

SENIOR JOHN DOE Petitions Against TitleIX Charges to Attend UC Berkeley Graduation

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SENIOR JOHN DOE Petitions Against TitleIX Charges to Attend UC Berkeley Graduation

The Title IX report was filed over a “private interaction” that occurred in May 2017 in Shanghai, China, involving Doe and a nonstudent complainant, according to the petition for writ of mandamus petitioned by Doe and his legal team. Doe was participating in a UC Education Abroad Program at the time of the incident. The petition argues that Doe has been “improperly excluded” from graduation ceremonies, because the Title IX findings were “not supported by any evidence” and they were not given a hearing. The writ of mandamus – an order from a court used to compel an agency to correct an abuse of discretion or properly fulfill its official duties – addresses the accusation of sexual misconduct. The purpose of this petition for writ of mandamus is to change the administrative action of the campus to permit graduation attendance.

www.dailycal.org By Shelby Mayes

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JUDGE RULES OhioSU TitleIX Official Can be Personally Liable for Helping Girl Accuser Lie.

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JUDGE RULES OhioSU TitleIX Official Can be Personally Liable for Helping Girl Accuser Lie.

A year and a half after a federal judge let a due-process lawsuit continue against Ohio State University officials, one of them may face personal ruin for her decisions during a Title IX proceeding. “A reasonable jury could find that Natalie Spiert,” sexual violence support coordinator and advocate for “Jane Roe” during the proceeding, “knew or should have known that Jane Roe lied or misled the disciplinary board” and did not correct the record, U.S. District Judge James Graham ruled.  A reasonable jury could find that Jane Roe lied when she said the academic committee had already decided to permit her to repeat the first year of medical school for the third time and that she had nothing to gain by reporting the assault and no motive to lie…Roe blamed her academic failure on the alleged rape and told the committee she would “officially” report the incident if they let her continue in medical school.

thecollegefix.com By Greg Piper

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CURRENT Title IX Regulations Deny Accused Students Fundamental Rights

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CURRENT Title IX Regulations Deny Accused Students Fundamental Rights

Until a few months ago, Oberlin, was bound by the 2011 Obama-era “Dear Colleague” letter. The letter recommended that to combat sexual misconduct, schools use the “preponderance of the evidence” standard – which states that the accusation is viable if the evidence is anywhere over 50 percent provable. The standard also enables accusers to appeal decisions and encourages schools to allow accusers to forgo cross-examination. In some cases, accusers can even forgo their own attendance at proceedings.  Good intentions led to bad outcomes, however. The letter also created a system that a California Appeals Court Justice called a “kangaroo court,” and what a federal district court judge appointed by President Clinton called “a practice of railroading accused students.” Further, the interpretation was also made without a public announcement or a comment-and-response period, during which schools could offer feedback. The Obama administration’s sudden and drastic changes even prompted legal scholars of all political affiliations to wonder if such a system is actually constitutional in the United States. Not only did the interpretation mandate that schools adopt overly broad definitions of harassment, but the Department of Education had seemingly taken White-Out to the Bill of Rights. What scares me is that Oberlin’s current policies are similar, if not identical, to those at schools with these “kangaroo courts.” Oberlin’s Title IX regulations should be devised with the primary goal of finding the truth, not of finding the accused guilty.

oberlinreview.org By Duncan Reid

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JUDGE REBUKES UCSB for Using ‘Trauma Informed’ Approach in TitleIX Proceeding. Ordered to Pay Accused Student $31K

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JUDGE REBUKES UCSB for Using ‘Trauma Informed’ Approach in TitleIX Proceeding. Ordered to Pay Accused Student $31K

Administrators in California public colleges should sit up and take notice of a new ruling out of the state Superior Court against the University of California regents. Not only were they ordered to pay $31,000 to an accused student in a Title IX proceeding, but Judge Tara Desautels specifically faulted the “trauma informed” training that was used in the University of California-Santa Barbara’s proceeding against “John Doe.” This approach to investigating sexual violence, commonly used in Title IX proceedings nationwide and increasingly in police investigations, has come under fire from neuroscience researchers and legal experts as unscientific and biased against accused people. It essentially tells investigators and adjudicators to view inconsistent and shifting explanations by accusers as evidence they were victimized.

thecollegefix.com By Greg Piper

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‘START by Believing’ Backfired in the U.K. Some US Senators Want to Impose it Here.

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‘START by Believing’ Backfired in the U.K. Some US Senators Want to Impose it Here.

You may associate the “Start by Believing” movement with campus Title IX offices, but it was actually the underlying assumption in criminal prosecutions by the Crown Prosecution Service in England and Wales until recently. Four rape cases collapsed in two months because police failed to disclose evidence, and they sound an awful lot like the botched Title IX proceedings we come across regularly in U.S. litigation. This matters in the U.S. because our government is already moving in this direction with the upcoming reauthorization of the Violence Against Women Act, with scrutiny of the law’s more questionable assumptions and results being largely ignored on a bipartisan basis. One of the law’s biggest critics, the Coalition to End Domestic Violence, was blocked from testifying by Republican Chairman Chuck Grassley. “[T]here was no mention, even in passing, of the fundamental concepts of due process, constitutional protections, or the presumption of innocence, on campus or beyond.”  Objections and questions about the act are met with a backlash that demonizes the source as anti-victim or rape apologists.

thecollegefix.com By Greg Piper

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JUDGE ORDERS Pomona To Pay John Doe’s TitleIX Legal Fees of $256K

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JUDGE ORDERS Pomona To Pay John Doe’s TitleIX Legal Fees of $256K

Pomona College has been accused of mishandling a sexual misconduct case and is being asked to pay at least $255,672.50 in attorneys fees for a defendant who sued the school because he believes he wasn’t given a fair hearing. The charges stem from a Title IX case that began in 2015, in which the respondent – John Doe* was accused of sexual misconduct. Pomona initially found Doe responsible for sexual misconduct, but Los Angeles Judge Mary Strobel ordered Pomona to set aside their findings because of alleged mistakes in the hearing process. Pomona did not require the complainant – Jane Roe* to attend the TIX disciplinary hearing. Now, Pomona is being ordered by Judge Strobel to cover the defendant’s legal fees because the defendant’s victory was deemed “an important right affecting the public interest.”

tsl.news By Laney Pope

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RULING: Court Blocks Ohio State from Expelling Female Student for Disputed Group Sex

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RULING: Court Blocks Ohio State from Expelling Female Student for Disputed Group Sex

Ohio State University has made Title IX history: It’s apparently the first school on the losing end of a due-process challenge by an accused female student. U.S. District Judge Edmund Sargus blocked the public university from expelling a female student accused of fondling and kissing a drunk student and, later, having a nonconsensual threesome. Citing binding precedent from the 6th U.S. Circuit Court of Appeals last fall, the judge said that Ohio State had unconstitutionally deprived “Jane Roe” of her right to “cross-examine adverse witnesses” in a proceeding that hinged on credibility.

thecollegefix.com By Greg Piper

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SYRACUSE Finds Sex Assault Accuser Not Credible, But Still Suspends Accused Male

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SYRACUSE Finds Sex Assault Accuser Not Credible, But Still Suspends Accused Male

A Syracuse University conduct board determined that two-thirds of a female accuser’s accusations against a male student were unfounded, yet allowed her to change her account of the third accusation, and indefinitely suspended the male student. When John* was informed that an accusation had been lodged against him, on Nov. 14, 2016, he was not given the specifics of the allegation or what student conduct codes he violated. This allowed Jane* to change her story without documented evidence that such a change occurred. John is suing Syracuse for Title IX and due process violations, as well as breach of contract.

thefederalist.com By Ashe Schow

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CORNELL LAW Professors Join Strengthening Push For Due Process On Campus

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CORNELL LAW Professors Join Strengthening Push For Due Process On Campus

Cornell University is so bad at conducting sex assault and harassment investigations that 23 professors from its law school have filed a brief in court to require the school to follow its own policies. John Doe’s complaint and the professors’ brief allege that the failure to follow written policy in Doe’s case violates Article 78 of New York Civil Practice Law and Rules, which, among other things, allows students at private schools to challenge disciplinary findings that are “made in violation of lawful procedure” and are “arbitrary and capricious.” The professors also explain, through pages of case law, quotes from treatises, and plain common sense, why cross-examination has deservedly been called “the greatest legal engine ever invented for the discovery of truth.” Especially in cases that hinge on the parties’ credibility and the accuracy of their testimony, such as this one, cross-examination is essential for allowing fact-finders to reach accurate conclusions about what actually happened. These 23 law professors join a lengthy list of legal scholars who have also criticized their schools and Title IX policies for unfair bias against accused students.

thefire.org By Susan Kruth thefederalist.com By Ashe Schow

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YALE: A Muslim Student Was Falsely Accused of Rape. The People By His Side Were Jews.

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YALE: A Muslim Student Was Falsely Accused of Rape. The People By His Side Were Jews.

Saifullah Khan grew up in a refugee camp in Afghanistan. In something of an American dream, he won a full scholarship to Yale University, where he studied neuroscience. Then, in November 2015, just one semester short of getting his degree, he was accused of raping a classmate. After more than two years of delays, the case finally went to trial, and last month Khan was acquitted. Yet he still faces possible deportation to his war-ravaged home country. Had Khan been tried on any other charge, his plight as a foreign-born Muslim man, found not guilty but still in jeopardy, would no doubt be a progressive cause célèbre, especially given that the case against him was marred by police improprieties and overtones of racial and religious prejudice. But because his case abutted against a liberal obsession — campus rape — progressive opinion has been on the side of the prosecution, and the outrage has been directed at the defense. Khan’s case raises many questions about changing moral and legal norms surrounding sexual conduct, as well as about media bias. But it’s also a tale of human generosity transcending cultural and religious barriers. Khan’s accuser is Jewish. And yet, one of the biggest sources of support for Khan, an embattled Muslim immigrant, has been the local Jewish community.
forward.com By Cathy Young

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