DUE Process Rights

Articles relating to due process rights for our College boys

GOOD NEWS. Appeals Court Ruling For Accused is Already Affecting TitleIX Cases

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GOOD NEWS. Appeals Court Ruling For Accused is Already Affecting TitleIX Cases

The fight for fairness in campus Title IX proceedings is not a slow and steady evolution. It’s a series of Cambrian explosions. The first came in summer 2016 when the 2nd U.S. Circuit Court of Appeals reinstated a reverse discrimination lawsuit against Columbia University. Another landed Friday in the 6th U.S. Circuit Court of Appeals reinstating a similar suit against Miami University of Ohio. The unanimous opinion by Judge Karen Moore says “John Doe” sufficiently pleaded a claim on “erroneous outcome,” and that an official who investigated and sat on his hearing panel “should have known that she was partial” to his accuser and recused herself. The findings have already reversed the fortunes of Vanderbilt University and a male student suing it… And from a tweet by KC Johnson: ‘In addition to Vandy, there are pending suits against Ohio State(2), Case Western Reserve, Dayton, Muskingum, Belmont, Ohio Wesleyan, & Oberlin that could be affected by the Miami decision.

thecollegefix.com By Greg Piper

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COLLEGES CREATED Kangaroo Courts. Obama Institutionalized It. DeVos Desires Due Process.

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COLLEGES CREATED Kangaroo Courts. Obama Institutionalized It. DeVos Desires Due Process.

Serving on a panel that hears Title IX sexual-assault complaints on college campuses sounds like a full-time job. Faculty and students complete a course on sexual assault, the nuances of consent and trauma-informed questioning. Schools lament that this training is time-consuming and costly, but they have only themselves to blame. Sure, the federal government imposes requirements today, and Obama’s DoED pressured colleges to stack the deck against students accused of sexual harassment or assault by denying them the right to due process, but it was colleges that started us down this road. Disciplinary panels were set up in the ’60s to adjudicate violations of schools’ honor codes, but these panels experienced “mission creep” and started hearing cases of actual crimes.
In 1999, Silverglate & Kors documented how colleges across the country had created disciplinary systems that violated students’ due-process rights. Per Silvergate, “College administrators won’t use the real criminal-justice system because they cannot control it, the process would be fair and hence the desired result could not be guaranteed.” As Taylor and Johnson write in their book The Campus Rape Frenzy, “Nothing in the experience of most academics prepares them to competently investigate an offense that’s a felony in all 50 states.”   In 2017, Education Secretary Betsy DeVos said, “One person denied due process is too many…Due process either protects everyone, or it protects no one. The notion that a school must diminish due-process rights to better serve the ‘victim’ only creates more victims.”

NationalReview.History of Campus Courts  Obama: What the Feds Have Done to Colleges DeVos & Due Process 

 

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140 PROFESSORS Condemn Guilt Presuming ‘Victim-Centered’ TitleIX Investigations

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140 PROFESSORS Condemn Guilt Presuming ‘Victim-Centered’ TitleIX Investigations

Nearly 140 professors and legal experts have endorsed an open letter calling for an immediate end to the use of “victim-centered” and “trauma-informed” practices during TitleIX campus sexual misconduct investigations. The open letter warns that the “believe the victim” ethos and the policies it has inspired “undermine neutrality in campus Title IX disciplinary processes.”..Accused students face a biased system of investigating complaints and conducting trials, argues Moore. “It is a witch’s brew of unfairness to the accused, and this is what motivated me to sign the letter condemning victim-centered investigations.”

pjmedia.com By T. Airaksinen   READ IT: Victim- Centered Practices Open Letter Want to sign the letter? Contact: helpsaveoursons.com/contact

 

 

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DUE PROCESS WIN for Male. Federal Appeals Court Says Miami U TitleIX Hearing is Biased.

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DUE PROCESS WIN for Male. Federal Appeals Court Says Miami U TitleIX Hearing is Biased.

A federal appeals court has partially sided with a male student who alleged that Miami University in Ohio was discriminatory when he was investigated for sexual assault and subsequently suspended. The appeals court found that Doe had sufficiently argued in his initial lawsuit that the university could be biased against male students accused of sexual assault, and that one administrator in particular, Susan Vaughn -Miami’s director of ethics and student conflict resolution- had possibly been prejudiced when she was investigating Doe and later judging him on a university panel. The appeals court found the following: (1) That Miami could have violated Title IX because the outcome of his hearing may have been incorrect. (2) The university could have been making decisions with an antimale bias. (3) Ms. Vaughn was allegedly the employee responsible for deciding whether or not to pursue charges for a sexual misconduct violation and was perhaps not evenhanded when she decided to investigate John Doe but not Jane Doe. (4) Ms. Vaughn’s behavior during the hearing was concerning and “dominated” the Title IX proceedings. (5) Because due process is a constitutional matter, “qualified immunity” may not apply to Ms.Vaughn…”The Sixth Circuit decision is important,” said Mr. Pavela, a higher education law expert.

insidehighered.com By Jeremy Bauer-Wolf

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DUE PROCESS WIN: She Accused Two UCF Males. No Evidence. Charges Are Dropped.

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DUE PROCESS WIN: She Accused Two UCF Males. No Evidence. Charges Are Dropped.

Two men arrested on rape charges after a University of Central Florida fraternity party won’t be prosecuted, and the Greek organization that hosted the event where the incident [allegedly] took place is back in good standing. The accusations against [my client] are false, said attorney, Lyle Mazin. “Simply because someone said something happened doesn’t make it so.”

orlandosentinel.com  By Annie Martin

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JUDGE Recommends JMU Pay $850,000 In Legal Fees to John Doe’s Lawyers

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JUDGE Recommends JMU Pay $850,000 In Legal Fees to John Doe’s Lawyers

A federal judge recommended that James Madison University pay $849,231 in legal fees to John Doe’s attorneys. Doe sued the university in 2015 over it’s disciplinary ruling against him. Doe’s attorneys were seeking $1 million and JMU argued for $350,000. Magistrate Judge Joel Hoppe issued the recommendation in U.S. District Court in Harrisonburg. Judge Elizabeth Dillon will make the final ruling… Dillon ruled early in the case that JMU violated Doe’s rights but there was a dispute over what to do about it.

dnronline.com By Pete DeLea

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JUDGE RULES: ‘Credible’ Romance Between Accuser Jennifer Schoewe & Det. William Richey. The Accused TIX Claim Will Go Forward.

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JUDGE RULES: ‘Credible’ Romance Between Accuser Jennifer Schoewe & Det. William Richey. The Accused TIX Claim Will Go Forward.

A federal judge refused to dismiss a lawsuit against the University of Cincinnati by Tyler Gischel, whom it expelled after Jennifer Schoewe made a TitleIX accusation against him. Gischel’s TitleIX claim against the university for an “erroneous outcome,” procedural due process claim against individual officials and “malicious prosecution” claim against a detective in the case are going forward, under Judge Susan Dlott’s order.- In a bizarre twist, Gischel pointed to text messages between Schoewe and UC Detective William Richey that suggested they developed a “romantic relationship” during the investigation – evidence that Judge Dlott called “credible.”

reason.com By Robby Soave  thecollegefix.com By J. Poff

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BLACK MALE Sues Syracuse. “I was kicked out for sex assault I didn’t commit.”

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BLACK MALE Sues Syracuse. “I was kicked out for sex assault I didn’t commit.”

A former Syracuse University student was kicked out of school for a sex assault he says he didn’t commit. A black male student, filed a federal civil rights lawsuit saying a female student, who is white, misidentified him. The male student argues in his lawsuit that Syracuse suspended him indefinitely after a rigged process in which he never faced his accuser- even though he was never charged by police.  The accuser never pressed charges, instead she choose the easy TitleIX way. The lawsuit states: she “never appeared before the [TitleIX] hearing panel so that the panel could assess her credibility and the investigator made excuses for inconsistencies in Jane Roe’s statements. – In contrast, the accused was found to be not credible because of small inconsistencies in his testimony.” Personally, I call this injustice the easy TitleIX way, railroading innocent males.

syracuse.com By Douglass Dowty

 

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ALPHONSO Baity is Innocent. Yet a False Accusation Continues to Harm His Life

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ALPHONSO Baity is Innocent. Yet a False Accusation Continues to Harm His Life

In 2014, a white female student at the University of Findlay accused two black athletes of sexually assaulting her. The university expelled the two men 24 hours later without bothering to interview witnesses who would have contradicted the accusation. According to the two men’s lawsuit against Findlay, investigators ignored considerable evidence that the accuser did not merely consent to sex—she bragged about it later. In my original write-up of the lawsuit, I called it perhaps the most blatantly unfair Title IX case I had ever covered. That dispute is still working its way through the courts…One of the young men, Alphonso Baity, was finally able to find a basketball program that would let him on the team. That’s quite an accomplishment. Students expelled for sexual misconduct have a tough time earning admission to another school, no matter how farcical the charges against them. But National College Athletic Association won’t let Baity play. Baity’s ongoing ordeal should serve as a powerful reminder of why due process protections are so important. False accusations really do have the power to derail lives and end promising careers.

reason.com By Robby Soave

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JUDGE APPROVES ‘Title IX Retaliation’ Claims Against University that Fired Father of Accused Student

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JUDGE APPROVES ‘Title IX Retaliation’ Claims Against University that Fired Father of Accused Student

Tom Rossley accused the university he served for 23 years of “Title IX retaliation” when it fired him in 2016, following his unsuccessful pleas for his son, a disabled student accused of sexual assault. Now a federal judge has allowed the former trustee’s lawsuit against both Drake University and his former colleagues to go forward, saying Rossley’s allegations fit a precedent on “third-party retaliation” under federal discrimination law. The judge said the father’s allegations were “novel,” …but noted that not only does the ADA allow for “associational claims,” but that it prohibits retaliation against those who “made a charge, testified, assisted, or participated in any manner” in an investigation implicated by the ADA.

thecollegefix.com By Jeremiah Poff

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