GOOD News, Case Dismissed

Charges Dropped, Cleared by TIX, and Legislation supporting due process investigations

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ARE UNC’S POLICIES Biased Against Male Students? The Office for Civil Rights Wants To Know & Will Investigate

More than one year ago, a federal complaint was filed against the University of North Carolina (UNC) system, alleging systemic anti-male bias in their policies and procedures relating to campus sexual assault as well as their hiring practices. The complaint was filed by the National Coalition for Men Carolinas (NCFM), which argued the UNC system deprived male students and employees of due process rights. Last week, the Education Department’s Office for Civil Rights (OCR) said they will open a formal investigation. The office will explore NCFM’s claim that UNC’s policies are biased against male students and open a formal investigation into this matter against Appalachian State University and UNC-Asheville. OCR said it would not investigate this claim at UNC-Chapel Hill because it already had a similar investigation open.

Chapel Hill has been the setting of some of the most prominent — and unlikely — accusations against male students. Andrea Pino has become famous for her often changing allegations that the school didn’t investigate her accusation (which she made anonymously with a limited description of the alleged assailant) and didn’t treat her well after she made her claim (which came after she tried to drop a class and was told she couldn’t).

In a statement to The Daily Wire, Greg Josefchuk praised OCR for finally accepting his organization’s complaint:

We are delighted that after 1 1/2 years from our filing that OCR has found our claim that UNC school sexual misconduct policies are biased against accused male students justifiable and will be opening investigations into the Title IX policies and practices at Appalachian State and UNC-Asheville. 

dailywire– Ashe Schow

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FINALLY HOLDING Accusers Accountable. Alabama Bill Aims To Punish False Accusations Of Rape.

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FINALLY HOLDING Accusers Accountable. Alabama Bill Aims To Punish False Accusations Of Rape.

In the age of #MeToo, we’re supposed to believe all women when they make accusations of a sexual nature, but as I have shown time and time and time again, that is simply not true. Even when an accusation is proven to be false, via text or video evidence, the false accuser faces little to no consequences. Certainly far fewer consequences than the person falsely accused faces. Alabama State Rep. E. Richard “Dickie” Drake (R-Leeds) is trying to change that. Earlier this month, Drake introduced AL HB544, a bill that would punish false accusations of sexual crime. Drake’s bill would make it a Class C felony to “willfully, knowingly, and with malicious intent,” make “a false report of rape in the first degree, sodomy in the first degree, or sexual torture.” The allegations would need to be proven false in order for the accuser to be punished.  Drake introduced the bill after his friend’s ex-wife falsely accused him of child sexual abuse. “If they make an accusation, they better make sure it’s true and make them think twice before they make a false accusation.”

Despite the media’s false reporting, Drake’s bill is not about keeping victims from coming forward. “I want victims to come forward with sexual allegations,” he said. “I’m just trying to stop the false accusations that ruin lives.” AL.com repeated the misleading statistic that just 2% to 10% of accusations are false. As I have written several times previously, this statistic only applies to accusations that are proven false. Since it is difficult to prove a negative, this is a rare occurrence. The remaining 90% to 98% are not “true,” however. In fact, just 3% to 5% go to trial and result in a guilty finding, so using the same logic used to claim few accusations are false, one could claim on 3% to 5% are true. Everything in between is questionable. There are reports that are “baseless” or wrongly reported and those that lack evidence for an arrest. There are reports that don’t result in a trial (dismissed or pleaded) and those that go to trial but are found not guilty.

Drake said that his bill would not punish accusers just because the accused was found “not guilty.” A person would only be charged if their accusation was proven false and made “willingly, knowingly, and with malicious intent.”  “It’s going to be hard to prove that, and I know that, but I know there are cases that were proven untrue.”  As examples, he listed The Scottsboro Boys (he is from Alabama, after all), the Duke Lacrosse rape hoax, and Brian Banks.

dailywire– Ashe Schow

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GOOD NEWS For This West Point Cadet. Facts Finally Prevailed.

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GOOD NEWS For This West Point Cadet. Facts Finally Prevailed.

Two years ago, U.S. Military Academy Cadet Jacob Whisenhunt was sentenced to 21 years in prison for allegedly raping an alleged sleeping classmate. On Monday, an appeals court threw out his conviction, citing lack of evidence to prove that the sex wasn’t consensual, given how many people were around at the time.  “The defense theory was that the appellant and [the victim] engaged in a consensual sexual encounter while taking active measures to avoid detection,” according to the written decision by three military judges. “In our view, the circumstantial evidence in support of this defense theory severely undercuts the government’s case.”  The judges went on to write that they thought it was unlikely that the survivor wouldn’t gasp or cry out when she woke up next to Whisenhunt, which would have alerted others to an assault. “This is particularly true when there is no evidence that appellant threatened [the victim] or took any steps, such as covering her mouth, to prevent an outcry,” they wrote. The cadet’s attorney says the decision demonstrates the need for checks and balances on court martial panels hand-picked by commanders under pressure to convict in a time of intense focus on sexual assault in military service academies. He added, “This case would never have gotten to trial in a state court, if it did, it wouldn’t have led to a conviction, I’m confident of that.”

That Cadet Whisenthunt should have been entitled to the presumption of innocence, a concept otherwise denied to male college students on campuses laboring under Title IX, is reflected in the appellate ruling, and utterly ignored in the narrative that facts should inform the outcome rather than “believe the victim” no matter what. The distinction here, of course, is that this was no campus tribunal, but a military court applying military law that ignored every applicable legal concept to convict and sentence the cadet to 21 years in prison…In this kind of case, Whisenhunt has the option to be fully reinstated at West Point, or request his dis-enrollment. Because he was charged before he completed two years at the academy, he is not obligated to any further military service or to pay back his education.

blog.simplejustice -S. Greenfield armytimes– M. Myers

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GOOD NEWS. John Doe From Yale Receives Diploma

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GOOD NEWS. John Doe From Yale Receives Diploma

A male student suspended from Yale for alleged Title IX sexual assault in March attended commencement ceremonies and received his diploma along with other members of the class of 2019. Following his suspension John Doe filed a suit against Yale for discriminating against him on the basis of gender. Doe has yet to reach a settlement with the University according to publicly available legal documents associated with the lawsuit.

yaledailynews -S. Cho & A. Prihar

Doe Sues Yale: Tinder Hookup Got Doe Suspended for a Condom Accident During Consent Sex

 

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HS SURVIVOR of False Accusation (Jury Ignored DNA Evidence Proving Innocence-15 yrs in Jail) is a 2019 Law Grad! His Judicial Determination of “Actual Innocence” Was in 2006.

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HS SURVIVOR of False Accusation (Jury Ignored DNA Evidence Proving Innocence-15 yrs in Jail) is a 2019 Law Grad! His Judicial Determination of “Actual Innocence” Was in 2006.

Jeffrey Deskovic spent 15 years in prison for a rape and murder he didn’t commit. He went behind bars as a 17-year-old. In a decision that shocks the conscience, jurors ignored DNA evidence that conclusively proved Deskovic had not raped the victim, his classmate Angela Correa. Prosecutors first fingered him because he “acted excessively upset” at her funeral and offered to help them solve her murder.

In a move that won’t surprise anyone who’s spent time around the criminal justice system, detectives interrogated Deskovic for hours without a lawyer, family member or food, then falsely told him he’d failed a polygraph test. He tried to commit suicide twice before trial. Prison could have destroyed him, but instead it steeled his resolve to prove his innocence and help others who were victims of criminal justice abuses. Columnist Michelle Malkin tells his incredible story in National Review, which culminated with his graduation from Pace University School of Law last month.

thecollegefix -Greg Piper

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MSU RUINED Innocent Keith Mumphery’s life. He’s Training to Recover What it Stole From Him.

The story of how Houston Texans wide receiver Keith Mumphery was ousted from his job upon an old story being dredged up, and the story itself being a classic example of the failure of due process on multiple levels, was bad. Very bad… Quick reminder: MSU initially cleared Mumphery of sexual misconduct allegations by a hookup who claimed to be too drunk to consent. Mumphery said she freaked out when he tried to put on a condom, and that he left out of fear that this white stranger would call the police on a big, bad, black man. MSU reopened the investigation after she appealed – because kangaroo courts are fine with double jeopardy. Mumphery was a graduate student at MSU when this happened and had been drafted by the Houston Texans, making him pretty easy to track down. The taxpayer-funded star chamber convicted him without ever talking to him or collecting new evidence. The Texans dumped him and MSU threatened to arrest him if he came back to campus.  Mumphery went back to Georgia to live in a trailer with his mother after Michigan State violated the most basic requirements of justice in order to destroy him. He didn’t let it get him down: Back in his hometown, a place with a single traffic light, he strapped himself to an iron sled and ran pulling it through the streets, cheered on by neighbors.

Fast forward two years later, Michigan State has finally admitted it was wrong and Keith hopes to relaunch his NFL career now that the legal episode is behind him. The university agreed to a settlement in May that gives him an undisclosed sum and – more importantly – wipes clean his record, which could allow him to resume a pro career. Michigan State offered him not a whisper of apology. “I felt like they owed me an apology, but I can’t dwell on that,” Mumphery said recently. “I have a life I want to live. I want to get back to football, and there is no time to waste.”

By settling, Mumphery accomplished two things. He cleared his name and received some degree of monetary damages. But like most settlements, it fell short of adequacy, not because the case couldn’t be pursued through trial to obtain a jury verdict for damages in a fuller amount, but because Mumphery wanted to return to the gridiron and play football. Keith’s attorney Andrew Miltenberg said  “They were testing us, and Keith left a lot of money on the table, but I’ve never seen a young man so determined to prove his innocence and live a life of character. “If I had forgotten about football to pursue more money, it would have eaten at me for the rest of my life.” Keith Mumphery remarked.

Keith grew up in a small town with one stoplight, a few gas stations and a Piggly Wiggly. When his mother ran short of cash and the utility shut off the water, he and his siblings filled buckets at a gas station and teetered home. Had Keith pursued his lawsuit against Michigan State, he might well have reaped a larger financial settlement. But trials have a long gestation, and a third year away from football would have placed his dreams beyond reach. Mumphery said he has exercised patience and continued to work diligently as he seeks another shot at the NFL. “We didn’t have much. For me to live my dream and for me to come from where I come from, I’ve been blessed tremendously. It’s been a trying time. I wouldn’t wish it on nobody. I credit God for seeing me through it all.” Mumphery thanked his lawyer, his agent, his mother, his girlfriend and his grandmother for sticking by him. “They are all tremendous people,” Mumphery said. “They really believed in me and encouraged me. They’ve inspired me. Where I’m from, there aren’t a whole lot of role models. It’s hard to dream where I come from… I had a decision to make: to be mad or to continue my dream. My dream was to go forward and be who God created me to be.”

blog.simplejustice.us-S. H. Greenfield houstonchronicle– A. Wilson thecollegefix-G. Piper

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GOOD NEWS. Princeton Student Activists Have a List of Title IX Demands That Aren’t All Bad

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GOOD NEWS. Princeton Student Activists Have a List of Title IX Demands That Aren’t All Bad

When activists press for Title IX-related changes on campuses, they are typically demanding that authorities adopt a “believe all victims” mentality, which would make it less likely that accused students would receive fair treatment. The Princeton students’ demands, though, are not all bad. For one thing, they have asked for the university to devise a restorative justice option for victims who “want to pursue alternative pathways for healing and justice that fall outside the punitive system.” If both the accused and the accuser would prefer to reach some other arrangement regarding their dispute, they should be permitted to do so. (Indeed, one of the many reasons DeVos’s guidance constituted an improvement is that it allows for such an option.)

The activists have also demanded “full access to statistics relaying the racial and socioeconomic makeup of both alleged and convicted perpetrators. We want to ensure, as a community, perpetrators are being held accountable at the same rate—regardless of socioeconomic and racial background.” What they will likely find is that male students of color—and immigrants—are overrepresented among those disciplined under Title IX, consistent with the preliminary evidence gathered at other colleges and universities. It’s important to spread awareness of the fact that young men of color are disproportionately harmed when sexual misconduct adjudicators abandon basic principles of fairness.

reason.com-Robby Soave Feds Punish Princeton For Liking Due Process Too Much

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OLE MISS ADDS Protections For Accused Students After Judge Approves Anti-Male Bias Lawsuits

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OLE MISS ADDS Protections For Accused Students After Judge Approves Anti-Male Bias Lawsuits

Months after a federal judge greenlit two lawsuits against the University of Mississippi by students it punished for sexual misconduct, the public university is switching things up. Ole Miss announced earlier this month that it’s dissolving the Office of Leadership and Advocacy, according to The Daily Mississippian. Its services, including case management teams for alleged victims of sexual misconduct, will now merge with the Violence Intervention and Prevention Office under a joint office titled “UMatter.” While the article doesn’t specify the “additional support service available to the accused,” UMatter’s website links to a resource page that offers an advisor upon request.

The university initially expelled the student who filed the second lawsuit, saying he didn’t get consent for sexual intercourse while both he and his partner were intoxicated.U.S. District Judge Daniel Jordan allowed the Title IX and due process claims by “Andrew Doe” to move forward in a January ruling. He cited Title IX investigator Honey Belle Ussery’s decision to exclude exculpatory evidence from her report, including medical records that showed Andrew’s accuser “did not believe she was raped.” The ruling also keeps alive Andrew’s argument that the preponderance-of-evidence standard in and of itself violates due process, especially in a he-said, she-said case such as Andrew’s. It’s Judge Jordan’s second ruling against Ole Miss in less than a year on a motion to dismiss a Title IX lawsuit by an accused student. Last summer he approved similar claims by “John Doe,” citing Ussery’s investigative practices and Title IX training materials that suggest even “lies” by an accuser “should be considered a side effect of an assault.” The organizational shift by Ole Miss is a “rare instance of a university responding to court setbacks by seeming to(?) create somewhat fairer procedures,” Brooklyn College professor KC Johnson, who chronicles Title IX litigation, noted in a tweet last week.

thecollegefix-Ethan Berman

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Victim-Centered Investigations Create New Victims. Just Ask Innocent Accused Trent.

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Victim-Centered Investigations Create New Victims. Just Ask Innocent Accused Trent.

The West Point cadet beat sexual-assault charges that could have sent him to prison for life. Yet the military academy still kicked out Trent Cromartie on the eve of his senior year. The two-year investigation started with Cromartie being dragged to a military police station right after he completed a grueling, multi-day field training exercise. He was “dehydrated, sleep deprived, and hadn’t eaten,” yet was subjected to a five-hour interrogation. His accuser got a “victim advocate” and regular check-ins about her health and well-being, while he was left to fend for himself against a hostile interrogator who “used leading questions in an attempt to reshape my statements.” Witnesses at trial, including at least one female cadet, testified that the interrogator tried to coach them on answers. “He would tell me what to say” and “argue with me about my answer,” she said. Most outrageously, his accuser faced no consequences from West Point for perjury on the stand. Cromartie suffered from “severe depression and even suicidal ideations” throughout the investigation and for years after. He was presumed guilty in his cohort because of “the seriousness of the allegations.”  You may remember seeing his story told in The Wall Street Journal.  It’s only gotten worse for accused students in every institution of higher learning.

Cromartie is sharing his story again now with a bipartisan group of members of Congress, as part of a broad push by due-process advocates to sound the alarm about victim-centered investigations. They are seeking to put grassroots pressure on Attorney General William Barr to stop funding “Start By Believing” programs with a Change.org petition, which is approaching 1,700 signatures. The former cadet and other advocates held a Capitol Hill event earlier this month to highlight the training resources that instruct investigators to favor accusers and build a prosecution against accused students, regardless of the evidence. Being branded a rapist for not asking your partner verbally if you can switch sexual positions over the course of an encounter makes the accused student just as much a victim, yet training resources ignore their mental health.

Lawyer Eric Rosenberg said he was “a somewhat reluctant advocate” for accused students because of his prior work with a nongovernmental organization, that helped sex-trafficked women abroad. Rosenberg has been contacted by hundreds of parents seeking help for their accused college child and he shared one adjudication where he represented an accused student: The hearing panel rejected all 264 questions posed as cross-examination to the accuser and witnesses. The panel told him the answers to the questions wouldn’t change their minds. In another case, his client was blocked from asking questions in violation of school policy, including from a toxicology expert who contradicted the accuser.  Adjudicators are being trained not to “retraumatize,” but the practical effect is that “common sense due process protections” are missing, he said.

thecollegefix -Greg Piper

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