DUE Process Rights

Articles relating to due process rights for our College boys

VANDERBILT: Denied Due Process & Expelled Days Before Graduation, Male Sues for $25M

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VANDERBILT: Denied Due Process & Expelled Days Before Graduation, Male Sues for $25M

Vanderbilt is a party in a legal battle with a former student who was expelled in 2016, three days before his graduation, on allegations of sexual assault. Sam*, who was a member of ROTC and retroactively lost his scholarship, now owes Vanderbilt an estimated $218,000 in tuition, according to a complaint that he filed in March. There are a total of 14 counts listed in Sam’s complaint: breach of contract, promissory estoppel, declaratory judgment–Title IX and Clery Act, defamation, damages under Title IX, negligence per se, violation of the Clery Act, gross negligence, intentional infliction of emotional distress, unjust enrichment, erroneous outcome, selective enforcement, deliberate indifference/hostile environment and archaic assumptions.  In his complaint, Sam claims that he did not receive due process during the Title IX investigation, and that he was “guilty until proven innocent” throughout the investigation process. “We would like to resolve the case short of a trial, but if we have to go to court we are willing to do that,” said Rob McKinney, Sam’s attorney. No criminal charges have been brought against Sam.

vanderbilthustler.com By Sarah Friedman

 

 

 

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23 CORNELL LAW Profs File Amicus Brief Supporting Falsely Accused Male Student

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23 CORNELL LAW Profs File Amicus Brief Supporting Falsely Accused Male Student

We’ve covered Cornell’s Title IX woes a ridiculous number of times, but the Ivy League school’s capacity to publicly embarrass itself is practically limitless. A third of its law school faculty has gone to court to force the school to follow its own Title IX rules. The March 25 brief was filed by Prof. Sheri Lynn Johnson, and it has a single purpose: to call out Cornell for depriving an accused student his Cornell-granted right “to test his accuser’s account of events and credibility by having a disciplinary hearing panel ask his accuser proper questions that he proposes. … This right was not honored here.” The professors  are concerned that if Cornell is allowed to ignore its own procedures in this case, it will continue to do so in future Title IX cases, as will other colleges who see there are no consequences to flouting their explicit promises to students.

legalinsurrection.com William A. Jacobson  thecollegefix.com Greg Piper

 

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JURY FOUND Saif Khan Innocent. Khan’s Lawyer Responds to Resulting Hysteria & Fake News

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JURY FOUND Saif Khan Innocent. Khan’s Lawyer Responds to Resulting Hysteria & Fake News

 I’m not surprised that my client was acquitted. And I am not surprised the state prosecuted. Yale has enormous clout and power in New Haven. The University’s treatment of sexual assault complaints is appalling. Accusers are deemed victims without proof, and fundamental fairness in the investigation of these complaints is sorely lacking. The accuser claimed my client raped her. She needed to earn the right to be called a victim by convincing a jury what she said is true…How dare I ask questions about text messages, alcohol consumption and what the accuser wore. To politicize this case and to suggest that the questions I asked the accuser set back woman’s rights or was otherwise an exercise in unconscionable conduct is not just wrong, it is asinine. Any defense lawyer has the responsibility to cross-examine a witness on the topics on which the state has the witness testify. I’ve long been skeptical of press coverage of trials, but reaction to the Khan case gave me a whole new appreciation of “fake news.”  Those who decry the verdict, or the defense tactics, based on incomplete reporting of the case are reacting like hysteric fools. Perhaps this acquittal will shed light on what comes of assuming that every accusation is true.

pattisblog.com Mr. Khan’s attorney Norman Pattis

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ACTIVIST JUDGE Paula Xinis Rules Against Due Process & Dismisses Accused Male’s TIX Lawsuit

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ACTIVIST JUDGE Paula Xinis Rules Against Due Process & Dismisses Accused Male’s TIX Lawsuit

He was a student at the University of Maryland, “was” being the operative word. Whether this John Doe did anything blameworthy to begin with is a matter of values…Since the Dear Colleague letter confirmed tilted Title IX adjudication systems, more than 200 accused students have sued their schools. They’ve won more than they have lost—but, thanks to favorable precedents, universities have won their fair share of cases as well (51 in the federal courts). In many of those decisions, the judges have expressed at least a degree of concern that they can’t act despite the unfairness of the university’s system. Then, however, there’s a judge like Paula Xinis. Xinis, an Obama nominee, dismissed a lawsuit filed by an accused student from the University of Maryland. The only outrage Judge Xinis was able to muster in her opinion came not for a student whose complaint indicated he might have been wrongfully found guilty, but for the Maryland’s Title IX process that oversaw his case.

academicwonderland.com KC Johnson blog.simplejustice.us Greenfield

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THE YALE Rape Trial Isn’t Over Yet

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THE YALE Rape Trial Isn’t Over Yet

A criminal court cleared Saifullah Khan of the charge of raping a fellow undergraduate, but he’s about to face a campus committee. The March 2018 acquittal by a New Haven jury has been much lamented on campus and in the national media. But a review of the evidence shows that the trial was fair, the defense was ethical, and there was much more than a reasonable doubt about the accuser’s claim that she was so drunk as to lack the capacity to consent. Defense lawyers are required to do their best to discredit accusers who are trying to put their clients behind bars—Khan faced a maximum prison sentence of 46 years and deportation back to Afghanistan, where he believes he would have been executed, stoned, or lashed under the country’s laws. And wasn’t it part of the defense’s duty to probe the accuser’s claim that she had had so much to drink that she was losing consciousness several hours later? The lead defense lawyer, Norman Pattis, called the reaction “a form of mass hysteria.”

weeklystandard.com By Stuart Taylor

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YALE: THE EVIDENCE That Swung The Jurors to Unanimously say. Saifullah Kahn is Innocent

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YALE: THE EVIDENCE That Swung The Jurors to Unanimously say. Saifullah Kahn is Innocent

Two jurors involved in the recent sexual assault trial against Yale University student Saifullah Khan are trying to correct the record when it comes to the school’s decision to find the young man not guilty. “He’s innocent, and the facts prove it” Elise Wiener said. “He was acquitted because he deserved to be acquitted and the prosecutor should never have brought the case in the first place.”  The media is getting the facts of the trial completely wrong and maligning Khan.

thefederalist.com By Ashe Schow

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LAWSUIT@Univ. of Illinois: Does John Doe Have Property Interest Rights to Continue Education?

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LAWSUIT@Univ. of Illinois: Does John Doe Have Property Interest Rights to Continue Education?

John Doe is suing the University of Illinois after it dismissed him for 2 1/2 years.  Doe says his constitutional rights to due process were violated by the student disciplinary process at the UI. “What the universities are doing, what the U. of I. is doing, is they’re taking away a right to an education at the university and in order to take away that property right, we believe there needs to be due process followed” said Mark Roth, Doe’s attorney. “Due process may not be what’s required in a court of law, but here, it doesn’t even allow the accused student to attend a hearing.” Doe’s lawyers asked a federal judge to issue a ruling in their favor on their lawsuit against the UI. An attorney representing the board of trustees, argued that Doe does not have a property interest to continuing education and is therefore not entitled to a full hearing, and that even if he were, the UI’s process meets the requirements established by court precedent. Doe’s attorney  remarked, “I think this is a precedent-setting case that is going to have potentially wide implications across the country for all universities,”

news-gazette.com By Ben Zigterman

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POMONA: JUDGE FORCES College that Railroaded Accused Student to Pay his Attorney’s Fees

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POMONA: JUDGE FORCES College that Railroaded Accused Student to Pay his Attorney’s Fees

John Doe’s lawyers want Pomona College to pony up a quarter-million dollars – “at least” – for their services fending off a botched Title IX proceeding against their pseudonymous client. A trial judge who oversaw the student’s lawsuit against the elite Southern California school for nearly two years agrees that Doe deserves attorney’s fees from Pomona. Exactly what he’ll get remains up in the air, but Los Angeles Superior Court Judge Mary Strobel’s “tentative decision” March 5 makes one thing clear: Title IX proceedings that are not fair to accused students violate “the public interest.”

thecollegefix.com By Greg Piper

 

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YALE: I SAT THROUGH Entire Sex Assault Trial. Media Isn’t Reporting the Full Story.

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YALE: I SAT THROUGH Entire Sex Assault Trial. Media Isn’t Reporting the Full Story.

In October 2015, Yale suspended Mr. Khan with no investigation based on a sexual-assault allegation. Last week a New Haven Superior Court jury acquitted Khan of all charges, taking less than four hours to agree unanimously that his accuser was not credible and there was insufficient evidence to support her accusations. Much of the reporting on the Khan trial has consistently omitted details pivotal to the jury’s findings. Such as this evidence: 1. the accuser’s anal swab revealed another male’s DNA. Everyone, even the jury and prosecutor, seemed stunned by this revelation. 2.The accuser sat on Khan’s lap, kissing him and asked what he’d like her to do sexually.  3. The jury concluded the videos of the couple’s walk did not show, as the prosecutor continually insisted, Khan supporting the accuser.  Jurors said they watched the video several times and did not see the accuser stumbling, but saw her walking with Khan, smiling, her  “body language and expression on her face was nothing but willing”  It unsettled me that a prosecutor would attempt to convince a jury to see something that was just not there.  The truth is the truth, and I refuse to be intimidated into silence by mob mentality.

thecollegefix.com By Cynthia Garrett

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DEFENDERS of Due Process & Students Accused. Head to Wash DC. March 23rd

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DEFENDERS of Due Process & Students Accused. Head to Wash DC. March 23rd

The deck is stacked against college students who are Title IX accused.  Due Process is non-existent, and many college officials automatically believe that once a student is accused, that student is guilty. This means that 95% of the time when a female accuses (and believe me she will) the male student is guilty. Regardless of the evidence of your innocence.  The good news is that Title IX attorneys who believe in the rule of law, and your right for fairness are speaking at the Fourth Annual Symposium on Representing Students Accused of Sexual Assault in the Post Dear-Colleague Letter Era: What Comes Next?  To learn more and to attend go here. March 23rd will be the best bang for your buck. Guaranteed.

eventbrite.com 4th annual-symposium-on-representing-students-accused-of-sexual-assault

 

 

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