DUE Process Rights

Articles relating to due process rights for our College boys

NY COURT WIN: 2 Drunk Students Have Sex 3 Times. Why is This Sex Assault?

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NY COURT WIN: 2 Drunk Students Have Sex 3 Times. Why is This Sex Assault?

Two students at SUNY Plattsburgh were drinking and had sex three times in seven hours.  So what then made this a sexual assault? The New York Appellate Division, Third Department, majority was not going to delve into the explicit, lurid details of the sexual encounter between the accuser and accused.  But look to NY Gov. Cuomo’s Enough is Enough Law, (which imposed upon public colleges in NY a regime separate from Title IX) and SUNY’s Title IX coordinator, Butterfly Blaise to find answers… The appellate court’s 3-2 majority reversed and remanded for a new hearing based upon Butterfly’s errors. And while it was a win of sorts for the petitioner, it demonstrated a glaring due process failure in Cuomo’s Enough is Enough law.

blog.simplejustice.us By Scott H. Greenfield

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NEW CHANCE for Georgia Bill on Campus Sex-Assault Hearings

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NEW CHANCE for Georgia Bill on Campus Sex-Assault Hearings

A stalled proposal to impose new rules and limits on how Georgia colleges handle sexual violence cases was given a new chance Tuesday in the legislature, though the measure’s author said he no longer sees a pressing need for it. On the second day of the 2018 session, the state Senate voted without debate to move House Bill 51 to a new committee after the Senate Judiciary Committee left it in legislative limbo without a vote last year.  The measure’s sponsor, Republican Rep. Earl Ehrhart said last year that safeguards were needed to prevent campus disciplinary proceedings from tarnishing the reputations of students accused of sex assault while denying them due process.

usnews.com

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PENN STATE: Judge Approves Accused’s Due Process Case Against Penn State Officials

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PENN STATE: Judge Approves Accused’s Due Process Case Against Penn State Officials

 

Last summer, a federal judge stopped Pennsylvania State University from suspending a male student it found responsible for sexual assault. The university had blocked “almost all” of the questions “John Doe” submitted and it refused to require his accuser to ever provide a written statement laying out her allegations. Horrifyingly, its Title IX investigator had actually redacted Doe’s responses for the Title IX hearing panel, in the name of objectivity…Last Monday, U.S. District Judge Brann rejected the university’s motion to dismiss the lawsuit. Doe’s Title IX claim only survives because his allegations – that only male students have been punished for sexual misconduct, and are “invariably found guilty” regardless of evidence – are just enough for Brann to “infer that PSU’s disciplinary process is tainted by anti-male bias”

thecollegefix.com By Greg Piper

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PURDUE: Expelled Navy ROTC Member. Male Appeals Judge’s Decision

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PURDUE: Expelled Navy ROTC Member. Male Appeals Judge’s Decision

Lawyers representing a former Purdue student have appealed a judge’s November decision to dismiss the lawsuit he filed against Purdue after an internal university investigation of a sexual assault allegation against him resulted in his expulsion. The former Purdue student and Navy ROTC member sued Purdue as plaintiff John Doe, in January 2017, claiming that Purdue violated his constitutional right to due process. His lawyers argued that Purdue’s investigation of the alleged incident was flawed and assumed a position predisposed to the plaintiff’s guilt.

purdueexponent.org

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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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