DUE Process Rights

Articles relating to due process rights for our College boys

YALE JURY Speaks. Evidence Proves Saifullah Khan is Innocent. 100% Innocent.

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YALE JURY Speaks. Evidence Proves Saifullah Khan is Innocent. 100% Innocent.

Press coverage of the acquittal of former Yale student Saifullah Khan on sexual assault charges has distorted the facts of case, jurors say.  According to the evidence presented, the story of what happened between Khan and his accuser is not so cut-and-dry as critics of his acquittal contend. “She testified that she was dragging her leg and he was holding her up.”  But surveillance video of the two of them leaving the concert showed an entirely different picture: “Once we blew the frames up and ran loops, three, four, five times, clearly that wasn’t the case. We all agreed that she was walking hand-in-hand, arm-in-arm, smiling.” In reality, the facts failed her—and the jury had no choice but to acquit.

weeklystandard.com By Alice B.Lloyd

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LAWSUIT: Male Sues Emory Citing Bias & Deprived of Due Process in TitleIX Process

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LAWSUIT: Male Sues Emory Citing Bias & Deprived of Due Process in TitleIX Process

A former Emory law student has sued the University after it suspended him for engaging in non-consensual sexual intercourse with a former female student and later rejected his appeal. He is seeking re-admission and monetary compensation, alleging that Emory’s Office of Title IX “held biased assumptions that female students would not make false accusations of sexual assault against their fellow male students” and deprived him of due process. The former male law student denies that he sexually assaulted the female accuser.

emorywheel.com By Julia Munslow & Michelle Lou

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INNOCENT. Yale’s Saifullah Khan is Innocent. Thank God for Due Process.

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INNOCENT. Yale’s Saifullah Khan is Innocent. Thank God for Due Process.

Saifullah Khan predicted four months ago he would beat his prosecution on rape charges. The ex-Yale University student was right- but he’d probably have a different verdict if his accuser had chosen a Title IX proceeding instead of one where Khan could have gone to prison.  It took less than four hours for six jurors to acquit Khan on all four counts “sexual assault in the first, second, third or fourth degrees.”  Juror Diane Urbana said “There was sufficient doubt on every charge.”…“We’re grateful to six courageous jurors who were able to understand that campus life isn’t the real world- kids experiment with identity and sexuality. When an experiment goes awry, it’s not a crime.”  Norm Pattis, Mr. Kahn’s attorney.

foxnews.com By F. Miles thecollegefix.com By G. Piper

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CATHERINE LHAMON a Shameless TitleIX Bureaucrat Poses as a Due Process Supporter

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CATHERINE LHAMON a Shameless TitleIX Bureaucrat Poses as a Due Process Supporter

We live in an era of political shamelessness. But Catherine Lhamon positioning herself as someone who demanded fair treatment of accused students is nonetheless remarkable. During her nearly four years running Barack Obama’s Office for Civil Rights (OCR), Lhamon was nothing if not consistent. She sought to use the power of her office- chiefly by threatening to withhold federal funds- to force universities to change their campus sexual assault policies. Every substantive change demanded by the Obama administration made it more likely an accused student would be found guilty. So it’s been rather startling in recent days to see Lhamon claim that defending the fair treatment of accused students was a cardinal principle of her OCR tenure.

mindingthecampus.org By KC Johnson

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WORST COLLEGES for Accused Males. Here’s FIRE’s Spotlight on Due Process

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WORST COLLEGES for Accused Males. Here’s FIRE’s Spotlight on Due Process

These colleges are among the worst offenders when it comes to due process: Boston College, Caltech, Case Western, Dartmouth, NYU, Penn State, UW-Madison. If you care about your son pay his tuition elsewhere. You have no idea the amount of harm that is perpetrated upon your son, until he is falsely accused, and your son is denied due process rights.

FIRE’s recent groundbreaking Spotlight on Due Process report found that the overwhelming majority of our nation’s top universities fail to provide students even the most basic elements of due process. FIRE bought advertisements in eight campus newspapers detailing how policies there fail to provide due process to students accused of both general misconduct and sexual misconduct.  A staggering 74 percent don’t even expressly presume students innocent until proven guilty.

thefire.org By Morey & Eastman

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JAMES MADISON Ordered to Pay $849,000 for it’s Title IX Zealotry

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JAMES MADISON Ordered to Pay $849,000 for it’s Title IX Zealotry

From 2011 to the end of the Obama administration, OCR threatened colleges with losing millions of their federal funding if procedures weren’t implemented to maximize the number of successful Title IX accuser complaints. Colleges were expected to use pro-accuser policies, and deny due process to those accused.  When James Madison University irrationally punished John Doe, he filed suit against JMU, arguing that it had failed to live up to its self-declared obligation to provide all students with fair and equitable procedures when accused.  Because JMU brazenly bent over backwards to accommodate Jane Roe, Judge Dillon refused to dismiss the procedural due process case against JMU and followed up with an order that John Doe be reinstated and his record as a sexual predator be expunged. But that left the matter of legal costs unresolved. Judge Dillon turned that over to U.S. Magistrate Judge Joel Hoppe, who ruled on January 31, 2018 that JMU must pay over $849,000 in legal expenses Doe incurred.

forbes.com By George Leef

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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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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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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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SUPREME COURT Justice Ruth Ginsburg Supports Due Process For the College Accused

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SUPREME COURT Justice Ruth Ginsburg Supports Due Process For the College Accused

Supreme Court Justice Ruth Bader Ginsburg thinks colleges and universities are violating the due process rights of students facing sexual misconduct charges. The Atlantic‘s Jeffrey Rosen asked the Court’s second-ever female justice for her thoughts…Rosen: What about due process for the accused? Ginsburg: ‘Well, that must not be ignored and it goes beyond sexual harassment. The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that.  There’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenets of our system, as you know, everyone deserves a fair hearing’..Note that Ginsburg was asked about due process, but not campuses specifically. The fact that she immediately suggested college codes of conduct as an example of a policy that sometimes violates “the basic tenets of our system,” says a great deal about the glaring unfairness of the modern approach to Title IX, the federal statute that requires universities to investigate sexual harassment and assault. And Ginsburg didn’t just make note of the controversy; she explicitly said critics of the current procedures have a point.

reason.com By Robby Soave

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