GOOD News, Case Dismissed
Charges Dropped, Cleared by TIX, and Legislation supporting due process investigations
GOOD NEWS for John Doe. After Three Long Years, Ohio State Saw the Light & Settled
SETTLEMENT! Great news for this falsely accused male student. Ohio State negotiated a settlement agreement and as is often the case, settlements are confidential.
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COURT WIN: New Trial for Male Whose Rights Were Violated. Accuser’s Sex History is Relevant When it Targets her Credibility
A former college student accused of sexual assault should have been able to present an account from his accuser about her sexual history at trial, the Pennsylvania Superior Court has ruled. On Sept. 5, a three-judge panel of the appeals court ordered a new trial in the criminal case against ex-Clarion University student Darold Palmore, finding that a Clarion County trial judge erred in not allowing portions of the victim’s testimony into evidence. A three-judge appeals panel said the trial judge misapplied the state’s rape shield law, wrongly hiding information from jurors and violating Mr. Palmore’s rights under the Sixth Amendment’s confrontation clause. “[T]his was not harmless error,” said the opinion by Judge Judith Olson: Jurors weren’t allowed to hear Palmore’s explanation for why “K.H.” might have accused him of sexual assault.
thecollegefix.com By Greg Piper
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SEPT. is False Allegation Month: Spotlight on DUKE’s Disgraceful Conduct Towards Males
September is false allegation month. SOS is focusing on the awful actions of Duke’s professors and administrators when a male student(s) is accused of sex assault.
Regarding the false accusation against the three innocent Duke lacrosse males in 2006: Ashe Schow said it best. “The stunning things about the Duke lacrosse rape fraud were not merely that a dishonest, politically motivated DA and a rogue cop almost succeeded in framing totally innocent young men as perpetrators of a fabricated gang rape, but mainly the disgraceful conduct of more than 100 Duke professors and administrators and most of the national and local news media”
Regarding a false accusation against Ciaran McKenna in 2016. Ciaran said it best when he recently talked about his long emotional, fight to clear his name. If you recall, Ciaran was 17 years old when he flew from Glasgow, Scotland to attend Duke. He was popular and an accomplished athlete. He and another female had a consenting hook up, but afterwards, the girl falsely accused Ciaran of sex assault for which Duke suspended Ciaran for two years. Ciaran then launched a civil suit against the school which was recently settled out of court. Although the sum hasn’t been disclosed, Mr McKenna announced he will be donating a six-figure sum to the Duke Wrongful Convictions Clinic.
READ SOS’s Duke lacrosse articles READ SOS’s Ciaran’s articles
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EDITORIAL: Due Process Returns to Campus
Education Secretary Betsy DeVos is following through on her commitment to stand up for the due process rights of all students on U.S. college campuses. Last September, DeVos began this work, rescinding overzealous Obama-era guidelines that pushed university administrators to investigate and adjudicate serious accusations and even crimes. Using the threat of withheld funding if schools didn’t comply, the former administration instructed universities to lower the burden of proof and create a framework to give alleged victims the upper hand. Title IX, the law preventing sex discrimination in schools that take federal funds, has been expanded greatly in recent years to apply to cases of sexual misconduct. All this led to accused students with little recourse to defend themselves, with serious repercussions as a result, including expulsion. It amounted to a lack of due process — a right guaranteed in the Constitution. Once the new rules go through the full vetting, they will hold the force of law, so universities will need to pay attention. Many will undoubtedly resist doing so, but if they doubt what’s coming from the Trump administration, they should also look to the courts. A decision last fall, out of the 6th U.S. Circuit Court of Appeals, found that the University of Cincinnati had erred in expelling a student for alleged assault and had denied the student his due process rights. In that case, the court concluded: “While the public has a competing interest in the enforcement of Title IX, that interest can never override individual constitutional rights.” This is at the heart of what DeVos and her team are trying to achieve.
detroitnews.com Editorial
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GREAT NEWS. Second Chances DO Exist for Title IX Accused College Males
Ray Buford the former Gophers cornerback, was merely TIX accused -never charged- but then expelled from the University of Minnesota in 2016. The County Attorney’s Office twice declined to press charges against Gophers players related to the Sept. 2 incident, once after a police investigation and then again after the school’s Title IX investigation. Today, Ray Bulford is set to play for New Mexico State in the U’s season opener… After UMinnesota expelled Buford, he landed at Independence Community College where he played in all 12 games of the 2017 season. He also made brief appearances in the most-recent season of “Last Chance U,” a Netflix documentary that chronicled two junior colleges filled with players seeking second chances from major college programs. New Mexico State gave Buford that second chance after a lengthy vetting process. Buford was accepted and enrolled after the school’s Office of Institutional Equity and Aggies athletics director Mario Moccia looked into his past. Moccia said he spoke with former Minnesota coaches. “When the discussion about recruiting this prospective student-athlete occurred, I asked myself, ‘What is my due diligence?’ And it was (talking to) people I knew and people I trusted.” This week, Bulford tweeted: Psalms 40:2- ‘He lifted me out of the slimy pit, out of the mud and the mire, he set my feet on a rock and gave me a firm place to stand.’..SOS wishes great success and a healthy life to Ray Bulford and his family.
twincities.com By Andy Greder
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PRELIMINARY DoED Rules on Campus Sexual Misconduct Include Due Process Protections
Late yesterday, The New York Times reported that it acquired a copy of new regulations the Department of Education will soon propose to replace the now-rescinded 2011 Dear Colleague letter and other guidance from past administrations regarding how to respond to sexual misconduct allegations on campus. Judging solely by the Times’ reporting on the document (the actual draft guidance has not been made public), it sounds as though the proposed rules will go a long way towards restoring meaningful due process protections to the campus justice system, to the ultimate benefit of students — both accuser and accused.
thefire.org By Robert Shibley
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