DUE Process Rights
Articles relating to due process rights for our College boys
SECRETIVE Justice: How Georgia Handles Title IX Campus Rape
Georgia colleges tread where prosecutors won’t, but some claim secret tribunals are unfair to the accused. A three-month AJC investigation into the secretive world of campus tribunals found that Georgia’s largest universities are pursuing cases that prosecutors won’t touch. But the newspaper also found that campus justice comes with steep trade-offs. Procedures vary widely and are often poorly understood by both the accused and the accuser. Students, and sometimes their parents, expect the strict rules of a court of law, but instead encounter a looser system where cross-examining witnesses is sharply curtailed and the burden of proof is far lower. Several students claim the proceedings in place are deeply flawed and violated their rights to due process.
investigations.myajc By Shannon McCaffrey and Janel Davis
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FIVE DUE PROCESS WINS
AMHERST JUDGE: Male student expelled for sexual assault may have been victim himself
CALIFORNIA JUDGE: Disparity in campus tribunal ‘enough to shock the Court’s conscience’
CORNELL: Caused ‘actual harm’ to student accused of sexual assault
COLORADO STATE UNIVERSITY PUEBLO: School’s sexual assault proceeding suggests ‘bias and inaccuracy’
OHIO JUDGE: Accused students have right to cross-examination
watchdog By Ashe Schow
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PROTECT Innocent-Accused Students Fm Biased Bureaucrats
A wave of bills dealing with campus sexual assault are moving through state legislatures, and many of them would codify elements of contentious federal guidelines that deprive accused students of due process rights. The measures would make it easier for accusations to result in expulsions and the permanent branding of students who may be innocent, without allowing them a chance to defend themselves. Some of the bills would expand the definition of sexual assault by narrowing the definition of consent to the point where nearly any sexual encounter could be considered non-consensual.
thecollegefix By Greg Piper watchdog By Ashe Schow
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ACCUSED Male Students Are Presumed Guilty & Never Innocent Before TIX Hearing
The Obama administration twice rewrote federal rules governing how allegations must be handled at colleges. In particular, since 2011, when DoED reinterpreted Title IX to require that sexual assault cases be judged by a “preponderance of the evidence” -a lower burden of proof than is used in criminal cases -more than 100 accused students have sued their schools. In most of these recent cases the colleges have lost, as they should have. Colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased. The vast majority of schools we studied now use procedures that stack the deck against accused students. Recent cases can be divided into two groups. In the first are colleges that considerably broadened the definition of sexual assault. The second group includes schools that violated their procedures, which were unfair to begin with.
latimes.com By KC Johnson and Stuart Taylor
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LAWLESSNESS at Yale-Lawsuit Spotlights TIX Abuses & Hysteria
An amended complaint filed in February against Yale et al, portrays a grim reality. Yale’s disciplinary procedures sanction abuse of power in the adjudication of charges of sexual misconduct. The conventional wisdom is that while public universities, as government actors, must comply with constitutional requirements, private universities operate under no such constraints. This is broadly correct. But under “state action” doctrine …“If government requires or induces a private party to engage in law enforcement, all relevant constitutional restraints apply.” This, Doe contends, is exactly what the Obama administration DoED did in April 2011 when it instructed universities, on pain of losing federal funding, to investigate, adjudicate, and punish all allegations of sexual assault. That is, although the government also demanded that universities shrink due process protections for the accused, by deputizing them to engage in law enforcement in addressing allegations of sexual misconduct, the administration in effect imposed on them an obligation to comply with constitutional guarantees of due process and equal protection. This lawsuit is very likely the first to test Rubenfield’s (Yale Law Prof. and Doe’s adviser) legal theory of “Privatization, State Action, and Title IX: Do Campus Sexual Assault Hearings Violate Due Process?”
realclearpolitics By Peter Berkowitz
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SWEEPING Change At The Office for Civil Rights Is Imperative
No matter who Trump nominates, the key task for the next OCR head to do is to reverse its intrusion into campus discipline procedures for students accused of sexual assault. The toxic effects of that intrusion are the subject of a recent book by Johnson and Taylor. In The Campus Rape Frenzy: The Attack on Due Process at America’s Universities, the authors give a detailed account of the damage wrought by OCR’s “guidance” to colleges. One of the most startling points the authors make is that the use of OCR methods actually undermines an important element of the justice system—Miranda rights. That is because OCR encourages schools to share evidence they’ve obtained without the presence of an attorney with the police, who can then use it if they press charges. “The major effect of this policy,” write the authors, is “an end-run around the accused’s constitutional right not to be subjected to custodial questioning by police without lawyers.”
jamesgmartin.center By George Leef
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INTERVIEW: Consenting Sex w Black Male & White Girl Gets Black Expelled Loses Scholarship
This is a terribly tragic story of discrimination and what bystander intervention really looks like. A TIX sexual assault complaint was filed by a nosy 3rd party female…Doe attempted to put an end to the matter at once: Grant Neal (the accused) recorded her making the definitive statement, “I’m fine and I wasn’t raped” to university officials. But no one cared. In the eyes of the university, it was not Doe’s place to determine whether she was a victim of sexual assault—that was the investigators job. The man in charge of investigating whether Grant Neal had raped Doe first told Neal to open emails from Doe his girlfriend, and then later told him he could be disciplined for opening them. “That’s when I immediately knew,” said Neal. “That’s when I really knew that the situation was above my control.”.. After denying Neal any meaningful way to demonstrate his innocence, CSU-Pueblo effectively ended his career, cancelling out his scholarships and opportunities to play football and pursue a wrestling career. Read Mr. Neal’s interview below.
reason By Robby Soave
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LAWSUIT: Williams- A Hot Mess of TIX Procedural Abuses Against Fairness and Males Accused
A lawsuit against Williams was delayed until the accused student exhausted his appeals at the college.The result is an amended complaint which raises four new areas of concern with how Williams handled this case: (1) Credibility issues don’t matter, at least when the accuser’s credibility is in question. (2) Playing fast and loose with sexual assault definitions. (3) Limiting information. (4) Reports from a Williams whistleblower don’t inspire confidence.
academicwonderland By KC Johnson READ: Williams 2nd Amended Complaint
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GEORGIA Takes A Positive Step Towards Campus Due Process
Georgia state representative Earl Ehrhart has won committee approval for legislation that would remove the adjudication of felony sexual assault from campus administrators and return it to law enforcement. Ehrhart’s bill HB51 would go a long way toward establishing a system that could produce real justice. watchdog By Ashe Schow
Here’s a video of the bill’s discussion. SOS is very grateful to Attorney Charles Jones for supporting HB51 and for speaking out (in the midst of jeers) on behalf of the falsely accused who must remain silent due to college settlement agreements.
House Votes 115 to 55 and Approves HB51
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