FALSE Accusers & Stats

Misinterpreting College Sex Assault Stats, & Accusers (mostly female) who are charged for intentionally filing a false rape report

CURRENT News, DoED, TitleIX, OCR, FALSE Accusers & Stats, MUST Reads /

SURVEY CONFIRMS Unfairness of Campus Title IX on Due Process

February 7, 2020

Education Secretary Betsy DeVos recently indicated that the process for creating fairer Title IX regulations has reached its final stages. As the new rules loom, the higher-ed establishment has demonstrated an almost uniform opposition to creating fairer Title IX procedures. The most recent example came from NASPA, the organization of student affairs officials.

Few organizations more enthusiastically supported the accuser-tilted status quo in Title IX adjudications. It, therefore, might seem surprising to read a report summarizing a new survey of student affairs professionals refuting “the common narrative that institutions are not concerned with responding parties’ rights in sexual misconduct cases.” Report authors Jennifer Henkle, Jill Dunlap, and Joan Tabachnick boast that their “study’s results portray a very different picture” than “narratives” that “paint institutions as being overly-concerned about the rights of survivors at the expense of the rights of respondents.”

In fact, the survey’s own data suggests the opposite conclusion—that, even before the formal adjudication process occurs, the Title IX process is deeply biased against the accused. For instance, the survey showed that only 5% of schools have even one full-time employee to assist accused students; 85% have no budget dedicated specifically to providing services for accused students. Most schools conceded that their personnel who did assist accused students spent only 1-3 hours per week on their efforts… The issue of confidentiality is the most troubling aspect of the report. Nearly 6 in 10 schools do not provide fully confidential services to accused students. Despite all of these problems, fully 91 percent of the survey respondents claimed that their schools provided equal or equitable treatment of accused students in the Title IX context.

That a school without even one paid employee to look after accused students, where the “services” too often presume guilt, and where some schools won’t even promise confidentiality to accused students could be deemed “equitable” to the accused confirms the need for robust regulations to protest students’ rights.

mindingthecampus-Johnson

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WOMAN WHO Falsely Accused Teenager Of Rape Will Spend One Night In Jail. Mother Speaks Out

February 3, 2020

The Warwick pastor who falsely accused a teenage boy of raping his teenage girlfriend spent one night in jail. The Daily Wire previously reported that Kelly Shannon, 48, would reportedly get no jail time after she falsely accused the boy and was charged possessing child pornography and allegedly grooming a young girl for sex. Shannon was officially sentenced recently and was forced to spend a single night in jail. Shannon admitted in court to “two counts of filing false police reports and one count of using a computer for fraudulent purposes under a plea deal.”

Christy Gilroy, the mother of the teenage boy whom Shannon falsely accused, said that her son probably would have been considered a sex offender if Shannon hadn’t admitted to her crimes. “I didn’t even know if this day was ever going to come, because the truth is, they chased my son. They chased him right from day one. They believed immediately he was guilty. Whereas [Shannon] sat five years on bail, and finally, six years later, we’re having our day in court.”

“I believe if she never came clean, my son’s name would have never been cleared,” Gilroy added. “There was never a sexual assault. It was all made up because I put a restraining order on Kelly Shannon.” Shannon had been helping Gilroy’s son and his girlfriend with homework. She eventually performed a fake marriage ceremony for the teens, who were 14 at the time. Gilroy found out and took away her son’s phone as punishment. Shannon bought him a new one, which Gilroy also found. Gilroy then took out a restraining order against Shannon.

dailywire-Schow

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NY GOV CUOMO’S Discrimination Against Males Is Highlighted In NY TitleIX Statistics

January 12, 2020

There are few good campus situations for accused students in the aftermath of President Obama’s Dear Colleague letter; virtually every school uses a process that at least in some way tilts toward the accuser. As a rule, however, students will have a better chance at public universities than at private schools, since public institutions need to provide at least minimal due process protections under the Constitution.

New York, it appears, is the exception to this pattern. Figures released in late December revealed the results of all Title IX adjudications in the state for the calendar year 2018. Overall, just under 60 percent of adjudications ended with a guilty finding against the accused student. But the percentage was much higher at the state’s public schools—63.3 percent at SUNY and a shocking 78.5 percent at CUNY.

It’s not hard to detect a possible reason why: Andrew Cuomo. The New York governor appoints the majority of both the SUNY and CUNY board, and few politicians are as strongly opposed to fair treatment for students accused in the Title IX process than Cuomo. He was the driving force behind the 2016 “Enough Is Enough” law, whose procedures had the effect, and likely the intent, of tilting the Title IX adjudication process even further in favor of accusers. In perhaps the statute’s most troubling provision, the law informs universities that they must leave accusers “free from any suggestion” that they are “at fault when these crimes and violations are committed or should have acted in a different manner to avoid such crimes or violations.” But, of course, what the statute terms “the reporting individual” might not be truthful—and therefore would be “at fault.” A system that rules out such a possibility is biased from the start.

mindingthecampus.org KC Johnson

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NEW TITLE IX Regulations Are Coming. FIRE’s Newest Report Shows Why Reform Is Desperately Needed.

December 13, 2019

Innocent until proven guilty? Not on college campuses.

REPORT: 7 in 10 top universities do not expressly guarantee the presumption of innocence in campus sexual misconduct proceedings.
ZERO surveyed institutions guarantee all basic due process protections, or even those required under the Department of Education’s proposed Title IX regulations.
Almost 9 in 10 universities earned a D or an F for sexual misconduct policies; proposed regulations would raise grades to C or better.

Top universities fail to provide students accused of campus misconduct with fair procedures, according to a new report from the Foundation for Individual Rights in Education. With new Department of Education regulations on Title IX enforcement expected soon, FIRE’s report shows that colleges currently fail to provide students with even the most basic due process protections. This means that many colleges’ policies may have to be revised significantly after the regulations go into effect.

“Spotlight on Due Process 2019–2020” examines policies at 53 top national universities to see how many of 10 fundamental procedural safeguards they guarantee students. These include basic protections familiar to all Americans, such as the presumption of innocence, the right to impartial fact-finders, and the right to appeal. Of the 53 universities studied, 49 receive an overall D or F grade for guaranteeing no more than 4 of those 10 safeguards.

“Spotlight on Due Process 2019–2020” can be read in full on FIRE’s website. For more information about FIRE’s student survey, see “Proceeding Accordingly: What Students Think about Due Process on Campus.”

thefire.org-Press Release

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IMPLANTING FALSE MEMORIES. Here’s How Easy It Is To Convince Someone They Experienced A Traumatic Event When They Didn’t

November 18, 2019

Our memories are not computers capable of storing accurate data — especially during traumatic events — despite what many “experts” would have you believe. It is actually really easy to corrupt our memories, whether through hypnosis or not. In 1995, professor Elizabeth Loftus — a distinguished professor at the University of California-Irvine and expert on human memory — conducted a study with Jacqueline Pickrell — a research scientist at the University of Washington-Seattle — that found people could easily “recall” a traumatic memory that didn’t actually happen with just a little help.

The researchers recruited 24 participants who heard four stories from a family member about their past – three true and one false. The stories were provided by a family member of each participant. The false story was to involve the participant being lost in a shopping mall as a young child, with each relative providing plausible details such as a specific mall. The participants were then told that one story was false and asked them to guess which one. Loftus and Pickrell found that five of the 24 participants thought the false story was real.

Studies like the ones Loftus has been conducting have been replicated over and over again. A 1996 study, which had more participants than Loftus and Pickrell’s and considered more memories, found 20% to 40% of participants easily accepted a false memory. A 2002 study, which doctored a photograph to implant false memories, found 50% of participants could accept a false memory.

dailywire-Ashe Schow

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JOE BIDEN’S Record on Campus Due Process Has Been Abysmal. Is It a Preview of His Presidency?

November 18, 2019

The rationale for the 2020 candidacy of former Vice President Joe Biden, is that he is the great moderate hope. But the key domestic initiative of his vice presidency was not middle-of-the-road at all. It was a declaration that the federal government must engage in a far-reaching, top-down intervention in the sexual interactions between young adults, setting new rules aimed at how students must behave and establishing harsh punishments for those who deviate.

Biden’s approach to campus sexual assault is part of a pattern: He identifies an actual problem, engages in inflammatory—and sometimes false—rhetoric about it, then fashions a harsh, overreaching response that sweeps up the harmless and even the innocent. But he continues to tout his work on campus sexual assault. He boasted about it at the second presidential debate. How did Biden come to advocate such extreme policies on this topic? And if he were elected, what would it mean for how he would govern?

…In September 2017, Secretary of Education Betsy DeVos announced her intention to reform federal Title IX policy. She said what had been created was a “failed system” that brought justice neither to the accuser nor the accused. In a phone call to activists shortly after the DeVos announcement, Biden angrily dismissed the notions that the accused have been treated unfairly and that male students have been “vilified.” He called critics of his policies “cultural Neanderthals.” He urged the activists to organize to prevent their college presidents from making any Title IX reforms. Picking up the language of the activists themselves, he recommended shaming and embarrassing the school leaders. Biden said, “Please, please remember: Shame, shame, shame is a powerful weapon in our fight.”…Biden has yet to acknowledge that his work on campus sexual assault is another well-intentioned effort that went badly awry. Instead of making women safer, it spread panic and damaged the educations and opportunities of many young men who didn’t deserve it.

reason-Emily Yoffe

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2019 REPORT: U of Michigan Sees Drop in Sexual Misconduct Claims

November 13, 2019

The University of Michigan has seen a drop in the number of sexual misconduct reports involving students, faculty and staff in 2019. UM’s Office for Institutional Equity (OIE) released two separate annual reports Monday, Nov. 11 – one for students and another it began issuing last year for faculty and staff, noting that recent fluctuations in volume correlate with awareness efforts surrounding the #MeToo movement.

The OIE received 178 reports of possible sexual misconduct by faculty and staff during the 2019 fiscal year, compared to 235 the previous year. Reports of student-prohibited conduct, on the other hand, decreased from 277 to 272, while reports of sexual assault decreased by about 15%, from 149 to 126. The report also noted that UM’s revised policies have resulted in a “higher than usual” number of people who have sought an alternative resolution, rather than a full investigative process with a live hearing. In each instance, the request was granted and UM’s Title IX Coordinator facilitated, with the complainant’s consent, an adaptable resolution – a voluntary, remedies-based resolution method that “balances support and accountability without formal disciplinary action against a respondent.” Under its interim policy, UM expanded the circumstances under which adaptable resolution is available to students.

UM revised the policy in October 2018, implementing an interim policy in light of a ruling from the U.S. Sixth Circuit Court of Appeals against UM. The ruling mandated that public universities must give accused students an in-person hearing where they or their adviser can cross-examine the accuser and witnesses.

msn.com-M. Slagter

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NOT GOOD. Kansas Prosecutors Drop False Rape Charges For Fear Real Victims Won’t Come Forward

November 8, 2019

A common tactic for the “believe all women” crowd is to claim that prosecuting false accusations will lead real victims to avoid reporting a crime. The mental gymnastics it takes to achieve the claim ignores the fact that false accusations actually hurt real victims because they make people less inclined to believe the next victim. Thus, false accusations need to be prosecuted to deter further criminals.

As it stands now, there is virtually no punishment for a woman who falsely accuses a man of sexual assault. The charge for such a false accusation is usually a misdemeanor charge for filing a false police report, a charge that doesn’t take into account the enormous toll the false accusation takes on the actual victim.

Now prosecutors in Kansas are feeding into this culture by dropping the charges against a woman police believe fabricated a rape claim in order to get back at her ex-boyfriend for moving on with his life. As The Daily Wire previously reported, the woman called police before entering a hospital for a rape examination. She gave police access to her phone, which quickly proved to them that the sex between the woman and her ex-boyfriend’s best friend was consensual. Douglas County District Attorney Charles Branson said the messages showed the University of Kansas student “fabricated the rape story to effect the relationship between herself and the victim … and her ex-boyfriend.”

The woman was arrested for making a false accusation, even though she told police she did not want to press charges. Police investigated anyway due to the seriousness of her allegations. Her legal fees have been paid for by a legal defense fund created during the #MeToo movement. The Chicago Tribune reported that prosecutors are dropping the charges against the woman because of the “cost to our community and the negative impact on survivors of sexual violence cannot be ignored.”

dailywire-Ashe Schow

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IT’S 2019. Time For Another Yearly Bogus Campus Sexual Assault Survey

October 29, 2019

It seems like at least once a year we’re subjected to another claim that women on college campuses in America are at an exponentially higher risk of sexual assault than the world’s most dangerous countries. Scientists often talk about the need for a study to be replicated to prove its results, but as we’ve seen time and time again with sexual assault surveys (that’s what they actually are) a flawed survey can be replicated a thousand times using the same flawed and disingenuous methods.

As I’ve written multiple times, surveys that use an overly broad definition of sexual assault are guaranteed to get large, headline-inducing, numbers. The latest version of this debunked survey method comes from the Association of American Universities. Outside of the frightening headlines, the survey, like all others of its kind, does not really show what it is purported to show. One of the major things to keep in mind with these studies is that they are so often not representative of the national population. This study points that out, and also states that studies that have looked into the matter have found that students are safer than non-students.

One interesting finding in this survey that didn’t get a lot of media attention is related to certain findings showing how men are victims. There are more problems with the survey, however, as Greg Piper at The College Fix reported. As I mentioned earlier, the broad definition of sexual misconduct helps pump up the numbers in these surveys to terrifying levels. Piper goes on to note, schools across the country have treated “any alcohol consumption by an accuser as strong evidence that she (and it’s invariably “she” in heterosexual disputes) could not consent.”

dailywire-Ashe Schow

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MORE TITLE IX Lawsuits by Accusers and Accused

October 18, 2019

Universities and colleges are increasingly experiencing legal challenges to their institutions’ Title IX enforcement processes. Legal challenges in federal courts exploded following the Obama administration’s 2011 guidance, which called on universities and colleges to vigorously root out campus sexual assault and harassment with a preponderance of evidence standard, leaving officials to determine if “it is more likely than not that sexual harassment or violence occurred.” There’s a consensus among higher education and legal experts that students are increasingly claiming flawed hearings or unfair disciplinary sanctions as a result of procedural failings at their universities.

Accused students in particular are more frequently turning to federal courts to claim due process violations during Title IX proceedings at public institutions. Students at publicly funded universities have due process rights in Title IX proceedings and can sue the institutions for violations, while students at private institutions don’t have much chance of success at making such claims. Other accused students have filed suit because of an “erroneous outcome” in their hearing because a disciplinary panel was allegedly biased against them.

UE, one of the largest insurance providers for postsecondary institutions, also reported that sexual assault was the top liability for colleges and universities in 2018. Payouts resulting from Title IX procedural challenges, which went primarily to victims of sexual assault, surpassed the legal costs of large risks such as wrongful death or negligence and wrongful termination, according to the report. Settling complaints from alleged victims in court cost colleges and universities an average of $350,000 in the years following the Obama guidance, and some settlements reached $1 million, UE reported in an analysis of Title IX claims from 2011 to 2015 at 1,600 institutions. This does not include legal defense expenses, which can cost colleges and universities millions before settlements are even reached. Claims settled with a student accused of sexual misconduct cost universities less in damages on average — around $20,000 to $30,000, covering the accused student’s losses in tuition and housing.

insidehighered-Greta Anderson

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