If you’re looking for proof that America’s panic-stricken institutions of higher education are still in the throes of punitive overreach from the MeToo movement, look no further than the announcement last week that the Massachusetts Institute of Technology (MIT) is parting ways with its most preeminent medical researcher, Dr. David Sabatini. In the healthcare community, […]
Read More
For years, under Title IX, a student charged with sexual assault was not permitted to face their accusers and cross-examine them. The rationale by feminists was that confronting the accuser was equivalent to another sexual assault. This policy violated due process, even though some innocent students’ reputations and careers have been ruined. The Chronicle of […]
Read More
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 […]
Read More
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 […]
Read More
Amidst the increased recent attention paid to injustices in the criminal justice system, the opposition of prominent Democratic legislators—and progressive activists—to campus due process stands out more remarkably. The point was reinforced by two events, separated by a few hours, on Tuesday. To start the day, a progressive activist group called “Demand Justice” released a […]
Read More
The Ninth Commandment urges us as follows: “Thou shall not bear false witness against thy neighbor.” The principle of false witness as an offense has been incorporated in British Common Law and American law as “perjury … defined as swearing falsely, under oath, in a judicial proceeding, about a material issue.” Perjury is a felony, a serious criminal offense. […]
Read More
“It’s Title IX, not Miranda,” Susan Riseling, former chief of police at the University of Wisconsin-Madison told a conference of academic administrators in 2015. “Use what you can.” Riseling was describing a case in which a Wisconsin student had been subjected to both a criminal and a Title IX complaint. The police originally didn’t have enough […]
Read More
In an interview last year with ESPN, former OCR head Catherine Lhamon gushed, “The capturing of the hearts and minds of the American public is what has moved this issue. The response of student communities to sexual violence among athletes has been really important.” Lhamon could have been referring to the expulsion of former Yale […]
Read More
The Supreme Court has described cross-examination as the “greatest legal engine ever invented for the discovery of truth.” Until recently, that lesson had failed to permeate the nation’s Title IX tribunals. Obama-era guidance “strongly” discouraged direct cross-examination between students accused of sexual assault and those making the accusations. Nearly all colleges and universities went further […]
Read More
Fire, the Foundation for Individual Rights in Education, has published a report showing that the overwhelming majority of top colleges in America fail to guarantee fair hearings for students accused of sexual misconduct. Their findings include: 3 in 4 top universities do not guarantee presumption of innocence in campus proceedings. 9 in 10 top universities […]
Read More
The proposed Title IX regulations released by Betsy DeVos would ensure a much fairer campus adjudication system—they’d ensure cross-examination (through a lawyer or advocate) of witnesses; access to all evidence and training material for both parties; and the presumption of innocence for the accused. It’s little wonder that groups committed to one-sided campus procedures have […]
Read More
Many luminaries have urged us to believe whatever a woman says about her experience in sexual encounters. This view is widely held by feminists, the #metoo advocates, the Obama Department of Education, and many university administrators and bureaucrats, especially the university “equity, inclusion, and diversity” officers. Should we believe whatever a woman says? Perhaps we […]
Read More
The latest Spangler Report from Yale is now out—and it portrays a deeply dangerous campus: around 1.75 percent of Yale undergraduate females as victims of sexual assault in the first six months of 2018. (That’s a violent crime rate around twice as high as that of Detroit, which the FBI rates as the nation’s most […]
Read More
In a reproof to Obama-era guidance on campus sex hearings, Education Secretary, Betsy DeVos issued interim Title IX guidance fair to the accused as well as the accusers. This brought a storm of abuse from the founders of the kangaroo court system, favored by the Obama team. The lawsuits against the interim guidance issued by […]
Read More
A major survey sponsored by the Foundation for Individual Rights in Education (FIRE) and conducted by YouGov shows that college students—2225 were surveyed in late January or early February, from two- and four-year institutions— strongly support due process for accused students facing Title IX tribunals. Indeed, the gap between the policies that would flow from […]
Read More
Two national publications—the New York Times and the Atlantic—have recently reported on procedural abuses in the Title IX system. Both pieces are must-reads, and reminders of how the one-sided nature of campus Title IX tribunals, analyzed for years mostly by smaller media outlets like this one, has at last decisively permeated mainstream media. Michael Powell’s […]
Read More
In April of 2011, the Obama administration changed Title IX policy, pressuring colleges to adopt procedures that dramatically increased the chances of a guilty finding in sexual misconduct cases. Justice for accused males became so rare that many turned to the courts, filing suit for loss of due process. Since then, universities and colleges have […]
Read More
Quick Read! A doctoral student at the University of Southern California with no Connection to Yale has filed a Title IX complaint against Yale’s affirmative action programs for women. The student, Kursat Christoff Pekgoz alleges that since women do better than men in gaining admission and academic performance at Yale, there is no basis for […]
Read More
Last week, a New Haven jury acquitted Yale student Saifullah Khan of rape. Coverage of the case provided only the latest reminder of the one-sided, often effectively misleading manner in which the mainstream media covers the issue of campus sexual assault. Because criminal charges were filed against Khan, he was entitled to constitutional protections (the […]
Read More
During her nearly four years running Barack Obama’s Office for Civil Rights (OCR), Catherine Lhamon was nothing if not consistent. She sought to use the power of her office—chiefly by threatening to withhold federal funds—to force colleges and universities to change their campus sexual assault policies. Every substantive change demanded by the Obama administration made […]
Read More
James Madison University, a public university in Virginia’s Shenandoah Valley, is probably not a school you would think of as one where rampaging ideology against male students would lead to a huge legal fight. But that’s what happened a few years ago. Now, a student who was wrongfully punished is on the verge of collecting almost […]
Read More
“The sexual harassment racket is over,” Peggy Noonan excitedly declared in the Wall Street Journal last week. No longer need we be stumped by conundrums based on “he said/she said.” Instead, Noonan rejoices that “now predators are on notice.” Overlooked in the celebration, however, is that the presumption of innocence—long problematic in sexual harassment charges– […]
Read More
In her speech last week on how colleges handle accusations of sexual assault., Education Secretary Betsy DeVos promised to “end the era of rule by letter” begun by the Obama administration. The reference was to the “Dear Colleague” letter sent to colleges and universities by the Education Department’s Office for Civil Rights on April 4, 2011, […]
Read More
Nearly 60 Democratic legislators tweeted criticism of Education Secretary Betsy Devos’ speech, which advocated a fairer approach and more respect for due process in campus Title IX tribunals. The preferred adjectives included “terrible,” “despicable,” “insulting, “perverse,” “appalling,” “disgraceful,” “shameful,” and “dangerous. No congressional Democrat, in any way, praised her remarks, which insisted on the rights […]
Read More
In a 2012 resolution agreement with the Office for Civil Rights, Yale became the nation’s only university required to document all sexual assault allegations on campus. The reports, prepared by Yale Deputy Provost Stephanie Spangler, are generally bare-bones (and became even more so last year, after Spangler announced she’d decided to supply less information about […]
Read More
While Education Secretary Betsy DeVos considers reforming the Title IX policies she inherited from her predecessor, states have acted on their own. On the one side, some blue states moved beyond Obama’s guilt-presuming approach. Four states (California, New York, Illinois, and Connecticut) have adopted “affirmative consent” laws that define sexual assault differently for college students […]
Read More
Notre Dame stands to lose a Title IX case in an unusual flurry of kangaroo court blunders. It “investigated” the case and came away only with the female’s hostile emails, none of her loving ones (knowing that many emails were missing). When the male contemplated suicide, Notre Dame interpreted those thoughts as “dating violence,” and […]
Read More
A college student accused of sexual assault or harassment can have his dorm and class schedule changed without knowing who accused him or what the accusation is. An administrator at a well-regarded eastern college says this: “A student who accuses another student of violating campus policy as it relates to sexual assault or harassment may […]
Read More
As it left office last year, Barack Obama’s administration made one final move in its crusade against campus due process: it requested a massive increase—$30.7 million, or 28.7 percent—in funding for the Office for Civil Rights (OCR). The previous year, at a time when discretionary federal spending was barely rising, the office had received a […]
Read More
Last week featured a rarity—the filing of criminal charges against a campus sexual assault accuser. Ashe Schow has a full write-up of the case, which originated when a Sacred Heart University student named Nikki Yovino accused two of the university’s football players of sexually assaulting her. An affidavit prepared by the local police indicated that the […]
Read More