DeVos backstabs men on college and university campuses

This is outrageous. We need to contact Devos: betsy.devos@ed.gov and President Donald Trump
about this matter. We tell DeVos not to railroad innocent men and to let Trump know that his Secretary Of Education is discriminating against men on college and university campuses. Let them both know about the video.

Campuses Cautious As They Adjust To New Sexual Assault Guidelines

New federal guidelines for handling allegations of sexual assault are prompting a range of reactions from school administrators. While many are expressing concerns and vowing to maintain current policy, others are breathing a sigh of relief or scratching their heads in confusion.

Education Secretary Betsy DeVos officially rescinded Obama-era rules last week, replacing them with interim guidelines, until new permanent rules can be implemented. The Department of Education's new "Q&A on Campus Sexual Misconduct" may change everything from how much evidence should be required to prove allegations to how accused students can cross-examine witnesses.

Universities are "scrambling right now" to figure out what it all means, says Kristi Branham, associate professor and director of gender and women's studies at Western Kentucky University, who serves on a committee that works on education, training and awareness around sexual assault. "This is a tricky area."

"We're reading the new guidance carefully," says Kathleen Salvaty, systemwide Title IX coordinator for the University of California. "I definitely have some questions."

For example, Salvaty says that according to the new guidance, applying "special procedures" in sexual misconduct cases "suggests a discriminatory purpose, and should be avoided."

"I'm not sure what that means," Salvaty says. Schools have lots of special procedures for sexual misconduct cases, she says, precisely because they are different from cases of plagiarism, for example. And many of those are required by federal regulations. Schools are also unclear whether new language in the new guidance means that Title IX rules would no longer apply off campus — at a fraternity, for example.

"That is causing some concern and confusion," Salvaty says. "We're just not sure what to do."

Others have raised concerns that the new interim guidance contradicts a 2001 directive that was not among those rescinded by DeVos. John Clune, an attorney with Hutchinson Black and Cook LLC, says "the whole purpose of the 2001 guidance is that grievance procedures be prompt and equitable." But, he says, the new guidance removes time limits on investigations, allows schools to offer an appeal option exclusively to accused students, and permits schools to raise the evidentiary bar from "preponderance of the evidence" to a "clear and convincing" standard, making allegations harder to prove.

"That discriminates against complainants," Clune says. "It certainly undermines the concept ... that the proceedings be prompt and equitable."

Many schools say they are also confused by mixed signals on whether schools can try informal resolution methods, like mediation; the new guidance allows it, but the 2001 guidance bars it.

Skidmore College sociology professor David Karp says he hopes it signals a new opportunity for an alternative process he has been promoting known as restorative justice, a nonadversarial model that focuses on a victim's healing, and how offenders can contribute to that. Schools have refrained from trying the idea for fear it would be seen as a form of mediation.

"I do think this is a green light that hasn't existed before," Karp says. He cautions that more guidance and training is needed, because "if badly implemented, [RJ] can backfire and cause further harm." But "I think schools will feel like they have more latitude to explore this as an additional option," he says.

Oklahoma Wesleyan University is one school feeling freed up by DeVos' decision to rescind the Obama-era guidance, which OKWU President Everett Piper calls "nothing short of a disaster."

Last year, the university sued the Department of Education, arguing that those guidelines resulted in a "growing number of innocent students being trampled [by the] 'shoot first, ask questions later' approach."

Piper says he is relieved now that OKWU will no longer feel pressure to "compromise ... students' rights" and can now "operate ... without threat of government intrusion and overreach." But OKWU has not yet announced any specific change in policies or practices.

Indeed, most schools appear to be holding off on any immediate action. Officials from schools including Harvard, Cornell, the University of Missouri and the University of Michigan say they are still reviewing the new guidance to see what, if any, changes need to be made. And many more have announced they are simply staying the course.

"All of us are continuing as usual," says Sarah Berg, deputy Title IX coordinator of prevention, training and outreach at the University of Colorado, Denver and the Anschutz Medical Campus.

A letter to the Yale University community says the school has "no plans to deviate" from current Obama-era policies. California State University, Northridge says "Regardless of this new DOE action ... we will not waver in our commitment to Title IX and its protections." Similarly, Washington University in St. Louis says "regardless of decisions at the federal level, we have no intention of turning back on our commitment or resolve."

While that kind of resolve is reassuring to some, it's frustrating to others.

"It is disappointing, but not surprising," says Joe Cohn, legislative and policy director for the Foundation for Individual Rights in Education, a group that has criticized previous policies as unfair to the accused. Many schools see the new guidance as "designed to go back to the Stone Age," he says. "But really this is about an adjustment to make sure that both sides' needs are met, because that wasn't happening before."

Attorney Andrew Miltenberg of Nesenoff & Miltenberg LLP, who represents dozens of accused students, says the "pushback" from universities is unfortunate. "It's a stubborn 'we're still going to do it our way,' " he says.

While the interim guidance is technically just a recommendation, not a binding rule, Miltenberg says schools that stick to old policies do so at their own peril. He says DeVos' recent comments, and her decision to rescind the old guidance, will be a big boost to accused students' lawsuits.

"It's a significant acknowledgement that there is a problem in [that] process," says Miltenberg. "It's a great thing to say to a judge that 'before last week, you didn't have to believe that there might be inherent bias throughout the process, but now those arguments carry much more weight. The secretary of the Department of Education publicly announced those very things.' "

Miltenberg rejects the notion that the new guidance causes chaos or confusion, or even what he calls the "false hysteria" that the new guidance represents a setback for rape victims.

"This constant refrain is an attempt to create a ... big lie," he says. "It's like if you say it loud enough and often enough, people will believe it."

Ultimately, Miltenberg says, real change will require not only new policies but also a shift in who is administering them on campuses.

"The reality is that most of the people that I've come in contact with as part of any school's Title IX apparatus have some sort of victimcentric view, or previous work history, or something in their lives that I think makes them unable to be as impartial and objective as someone should be," Miltenberg says.

Title IX administrators deny any bias in their work, but they don't dispute how fervently they want to maintain current policies. "Everyone I know who does this work ... wants to hold on to this process, because we've really put our careers into this," says Berg. "We're really proud of where we've gotten. So to have someone essentially gut that policy would be really painful."

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This is great news. Let's thank Betsy DeVos for rescinding Dear Colleague. The more of us she hears from the better. Contact her: Betsy.Devos@ed.gov

Kirsten Gillibrand’s crusade for campus injustice

Sen. Kirsten Gillibrand is furious that the Trump Department of Education is pulling back from Obama-era demands that colleges junk due process in the name of fighting sexual assault.

She and 30 other congressional Democrats last week wrote Education Secretary Betsy DeVos that they’re “extraordinarily disappointed and alarmed” over actions to diminish “enforcement of federal civil rights law.” Specifically, they complain that DeVos has hired staff hostile to the department’s 2011 guidance on how schools should approach campus sexual assault.

False rape charges again expose injustice of campus kangaroo courts

They’re absolutely right about the hostility: DeVos and her team are ending the jihad by the department’s Office for Civil Rights, which was launched at the behest of extremists like Gillibrand and her colleagues.
Behind the campaign was the claim, based on a single study that’s since been fully discredited, that one US coed in five is a victim of sexual assault. In fact, later — and much more extensive — FBI research shows that women on campus are safer than their off-campus peers.

Which of course doesn’t mean that rape (and lesser offenses) don’t happen on campus, but merely that there’s no unique “rape culture” to be fought.

But the advocates still got their jihad, as Team Obama ordered colleges and universities to institute kangaroo courts to handle sex-assault claims — star chambers where the accused typically has no right to counsel, to examine (and so be able to challenge) evidence and testimony against him or sometimes even to know the specific charges against him.

The Democrats’ letter warns that when a school “mishandles an incident of sexual assault, that this is rarely an isolated incident on that campus” — which is certainly true, if your definition of “mishandling” is giving the accused any rights at all.

The lack of due process has schools across the nation facing lawsuits for expelling students on laughable grounds — including at least one case where even the supposed victim insisted everything was consensual.

Of course, Gillibrand is too committed to admit to any excesses: She’s even still a big fan of Columbia graduate Emma Sulkowicz, aka “Mattress Girl” — whose nationally publicized charges against a fellow student have been utterly debunked by extensive evidence, including her texts with him before and long after the fact.

Sexual assault, on campus or anywhere, is a serious issue. Too bad Gillibrand and her allies are set on exploiting it for their own political gain at the expense of basic justice.

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This was written by the Editorial Board of the New York Post not by a fellow MRA on his website which means we are gaining traction as feminism and their followers are losing power,the noose is loosing which means there is hope.

President Obama’s legacy lives on and continues to thrive under the Trump administration and Republican lawmakers.

Mia Karvonides
The White House and Congress, which ostensibly want to undo the expansive regulatory framework of a Democratic administration, are doing nothing as its Department of Education’s Office for Civil Rights (OCR) expands its longstanding mission of blackmailing colleges into judging all accused students guilty of rape.

Brooklyn College Prof. KC Johnson, co-author of The Campus Rape Frenzy, writes at Minding the Campus that OCR is amassing enormous power for itself without so much as a peep from the White House.

Don’t be fooled by the “skinny budget” request by the Trump administration for the department as a whole, which doesn’t address OCR, says Johnson.

An OCR leader hired three days before Donald Trump’s inauguration is now enforcing its lawless diktats, former Harvard Title IX coordinator Mia Karvonides, who is a “true believer” in Johnson’s words:

The slowness with which Trump has filled executive appointments has maximized the power of Obama holdovers. … Karvondes’ rushed appointment leaves the impression that the outgoing administration intended to maintain the unfair Obama rules regardless of what Trump did. Every day that passes without Trump staffers in OCR allows Karvonides to implement her agenda unchecked.

The rogue office also continues to impose “voluntary” resolutions on schools under Title IX investigation, meaning they won’t be affected by any Trump reversal, and on its way out the door, the Obama administration sought funding for 157 new OCR staff investigators.

That’s because OCR’s years of encouraging students to file Title IX complaints had produced a bumper crop of sexual-violence allegations – and they aren’t just going to be investigated case-by-case.

Johnson cites a recent BuzzFeed article that says the recently departed OCR chief – now the chair of the U.S. Commission on Civil Rights – secretly changed its protocol:

When Catherine Lhamon ran OCR under Obama, she expanded all Title IX sexual violence investigations to become institution-wide, so investigators reviewed all cases at a school rather than just the cases that sparked federal complaints, former Education Department officials told BuzzFeed News.

Here’s what this means, according to Johnson:

[Lhamon] had decided OCR would investigate not merely the complaints it received but thousands of other cases, even though no accuser had filed a Title IX complaint about any of these individual cases. On this matter, as on virtually all OCR-related matters during the Obama years, no sign of congressional oversight existed.

The next step is for the Justice Department under Attorney General Jeff Sessions to show it’s consistent about reining in Title IX abuse, and refuse to defend OCR’s 2011 and 2014 “Dear Colleague” letters that junked due process for accused students.

But more importantly, Congress needs to wake up and use “the power of the purse” to stop OCR’s vast agenda in the Trump administration, Johnson says.

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This is getting old. Real old real fast. We need to get in touch with the right people. We've got to shove this in the face of the Republican leadership. That is why we contact the Speaker of the House Paul Ryan and Senate Majority Leader Mitch McConnell. Senators James Lankford and Lamar Alexander are not to friendly to this bullshit either so we write them as well. Let's also contact President Trump and let him know too. The more of us they hear from the better. We helped to get rid of Cantherine Lhamon now let's get rid of Mia Karvondes and Dear Colleague.

Drain the swamp at the DOE Office for Civil Rights

From SAVE Services:

Since the release of the infamous Dear Colleague Letter in 2011, the federal government, through the Department of Education's Office for Civil Rights (OCR), has eliminated procedural protections. Through their guidance letters, OCR has made the campus disciplinary process unreliable, thereby undermining the seriousness of sexual assault allegations on our college campuses.

Now, with a new Secretary of Education, we have a chance to drain the swamp at the OCR and restore due process and fairness to campus procedures. This week, we are asking you to reach out to Secretary DeVos and urge her to make meaningful changes at the OCR. Some suggested requests:

Allow students to have active attorneys during their hearings;
Use justice centered investigations;
Raise the standard of proof to "clear and convincing"

You can contact the Secretary at her direct email:

Betsy.Devos@ed.gov
or
You can call the Department of Education at:
1-800-872-5327

Thank you for your continued support,
Jonathon P Andrews
Project Coordinator
Stop Abusive and Violent Environments (SAVE)

If you're a man on college or university campuses this is something you should be very interested in. Your rights are on the line. If you're an 18 year old man about to go to a college or university then you want to support it too. Let's all support these changes.

So that's who's behind it

College association calls civil-rights agency a ‘Star Chamber’

It may have confused some observers why a constitutional law professor-turned-president would preside over the most blatant denial of due process rights to college students in recent history.

An intriguing Washington Post analysis might have the answer: President Barack Obama ceded all responsibility for campus sexual-assault to his vice president before they were even in office.

And Joe Biden has proven a zealot without any regard for the rights of students who face accusations bereft of any evidence beyond an accuser’s oft-fuzzy memory:

Biden said he spoke to Obama about the issue even before they won the White House in 2008, requesting a staff to work on violence against women “within the office of the vice president,” rather than at the Justice Department.

“He said, ‘Okay.’ He knew how strongly I felt about it,” Biden said, adding that over time Obama became more engaged with the issue.

Biden’s influence has apparently led the White House to judge all colleges that provide a fair process for accused students as cavalierly harboring rapists:

According to White House officials, top members of the administration — including the president, the vice president, their wives and members of the Cabinet — will not visit institutions whose leaders they consider insufficiently serious about pursuing sexual-assault allegations and punishing perpetrators.

Biden told the Post he also wants the feds to “take away their money” if schools provide basic fairness to accused students.

That echoes the federal funding threats made by the Department of Education’s Office for Civil Rights (OCR) when universities don’t immediately turn their adjudication proceedings into a fait accompli, as happened at Tufts University in 2014.

An official with the American Council on Education, which represents 1,600 college and university presidents at the federal level, aptly characterized OCR as “a Court of Star Chamber, with arbitrary rulings, no rights for those under investigation and a secret process” governing schools who fall under Title IX investigation.

Meanwhile, the legality of OCR’s “guidance” on Title IX is the subject of at least three federal lawsuits by students or their parents – meaning it’s likely that whoever succeeds Obama and Biden will have to clean up the legal mess they left.

Source

Due process is still being kicked off campus

Academia’s descent into perpetual hysteria and incipient tyranny is partly fueled by the fiction that 1 in 5 college students is sexually assaulted and that campuses require minute federal supervision to cure this. Encouraged by the government’s misuse of discredited social science (one survey supposedly proving this 1-in-5 fiction), colleges and universities are implementing unconstitutional procedures mandated by the government.

The 2006 Duke lacrosse rape case fit the narrative about campuses permeated by a “rape culture.” Except there was no rape. In 2014, the University of Virginia was convulsed by a magazine’s lurid report of a rape that buttressed the narrative that fraternities foment the sexual predation supposedly pandemic in “male supremacist” America. Except there was no rape. Now, Colorado State University at Pueblo has punished the supposed rapist of a woman who says she was not raped.

Grant Neal, a CSU Pueblo pre-med major and athlete, began a relationship with Jane Doe (as identified in Neal’s lawsuit), although she, as a student in the Athletic Training Program, was not supposed to fraternize with athletes. Jane Doe texted an invitation to Neal to come to her apartment. The following is from Neal’s complaint against CSU Pueblo:

“As the intimacy progressed, knowing that they both wanted to engage in sexual intercourse, Jane Doe advised Plaintiff that she was not on birth control. Accordingly, Plaintiff asked if he should put on a condom. Jane Doe clearly and unequivocally responded ‘yes.’ . . . They proceeded to engage in consensual sexual intercourse, during which Jane Doe . . . demonstrated her enjoyment both verbally and non-verbally.”

The next day, one of Jane Doe’s classmates, who neither witnessed nor was told of any assault, noticed a hickey on the woman’s neck. Assuming an assault must have happened, the classmate told school officials that an assault had occurred. Jane Doe told school officials the sex was consensual: “I’m fine and I wasn’t raped.” Neal’s lawsuit says she told an administrator: “Our stories are the same and he’s a good guy. He’s not a rapist, he’s not a criminal, it’s not even worth any of this hoopla!” Neal recorded on his cellphone Jane Doe saying that nothing improper had transpired, and soon the two again had intercourse.

Undeterred, CSU Pueblo mixed hearsay evidence with multiple due process violations, thereby ruining a young man’s present (he has been suspended from the school for as long as Jane Doe is there) and blighting his future (his prospects for admission to another school are bleak).

Title IX of the Education Amendments enacted in 1972 merely says no person at an institution receiving federal funds shall be subjected to discrimination on the basis of sex. From this the government has concocted a right to micromanage schools’ disciplinary procedures, mandating obvious violations of due process.

In 2011, the Education Department’s civil rights office sent “dear colleague” letters to schools directing them to convict accused persons on a mere “preponderance” of evidence rather than “clear and convincing” evidence. Schools were instructed to not allow accused students to cross-examine their accusers, but to allow accusers to appeal not-guilty verdicts, a form of double jeopardy.

Although a “dear colleague” letter is supposedly a mere “guidance document,” it employs the word “must” in effectively mandating policies. While purporting to just “interpret” Title IX, these letters shred constitutional guarantees. And the letters evade the legal requirement that such significant rulemaking must be subject to comment hearings open to a properly notified public. Even were CSU Pueblo inclined to resist such dictates — academic administrators nowadays are frequently supine when challenged — it would risk a costly investigation and the potential loss of the 11 percent of its budget that comes from Washington.

The Chronicle of Higher Education says the case raises this “intriguing” question: “What responsibility does a college have to move ahead with a third-party complaint if the supposed victim says she consented?” This question, which in a calmer time would have a self-evident answer, will be explored in Neal’s lawsuit. It should reveal what the school thought of Jane Doe’s statement exculpating Neal, who says a school official “brushed off” the recording and said that Jane Doe said what she said “just because she was scared of you.” Neal’s lawyer says he suspects that Jane Doe might now be intimating something “inappropriate” and is perhaps scared of losing her place in the Athletic Training Program.

CSU Pueblo should be scared of joining those schools that have lost lawsuits filed by students denied due process. Such suits are remedial education for educators ignorant of constitutional guarantees.

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Several distinguished law professors have spoken up protesting "Dear Colleague". "Dear Colleague" has its critics in the Senate. Senator Lamar Alexander and Senator James Lankford are not big fans of "Dear Colleague" so let's let them know. Demand that Catherine Lhamon be brought up on criminal charges.

The Georgia lawmaker taking on "dear colleauge" and the female bureaucrat who thought she was a queen

A Georgia lawmaker is suing the federal government on behalf of taxpayers for what he calls "illegal and unconstitutional directives" from the Education Department.

Republican State Rep. Earl Ehrhart, who chairs the influential Georgia House Appropriations Subcommittee on Higher Education, filed the lawsuit along with his wife, alleging the federal government violated the Administrative Procedure Act when they issued a "guidance document" that included onerous new regulations for schools to follow. If schools fail to abide by the Department's Office for Civil Rights' ever-changing guidance, they risk losing federal funding.

Ehrhart has been a vocal critic of the Department's "Dear Colleague" letters, which began forcing colleges to spend more and more money to adjudicate felonies in 2011. In January, Ehrhart told school administrators: "If you don't protect the students of this state with due process, don't come looking for money." It was the strongest statement yet on the issue from a legislator.

In his lawsuit, Ehrhart claims the 2011 "Dear Colleague" letter imposed "unnecessary costs and expenses that flow directly to both Federal and Georgia Taxpayers, including Plaintiffs, under the threat of Federal funding being revoked for the schools' failure to comply."

"The illegal and unconstitutional directives issued in the Obama Administration's 'Dear Colleague' letter have resulted in a clear disregard for the due process rights of male college students and fostered an environment of male gender bias on campuses throughout the country," Ehrhart said in a press release. "As Chairman of the House Appropriations Subcommittee on Higher Education, I have seen firsthand how colleges and universities, intimidated by [the Education Department's Office for Civil Right's] threat to their federal funding, have set up kangaroo court systems to comply with the Obama Administration's unconstitutional policies."

He added: "It is unacceptable that state and federal taxpayers in this country continue to fund these mandates and their attendant costs at higher education institutions."

The 2011 "Dear Colleague" letter demanded that schools adopt processes that make it easier to find accused students culpable without affording them much chance to defend themselves. Schools aren't required to allow them legal representation and lack subpoena power to obtain relevant evidence; and it's up to the schools what evidence is "relevant" or "exculpatory," meaning oftentimes accused students aren't made aware of evidence that could exonerate them.

It's all due to the Obama administration's agenda on looking tough when it comes to sexual assault. The belief that women are oppressed and victimized at large numbers in this country permeates the administration, and it has introduced policies that take self-reported, manipulated surveys as fact and eviscerates due process rights in pursuit of ending a non-existent "epidemic."

Ehrhart and his wife claim they have standing to sue as taxpayers of the state, who help fund the colleges and universities. The Ehrharts are also deeply concerned about the policies forced upon colleges because they have a son enrolled in the Georgia Institute of Technology, a school that has a horrendous track record on sexual misconduct accusations.

Ehrhart is represented by Andrew Miltenberg, Jeffrey Berkowitz and Tara Davis of Nesenoff Miltenberg Goddard Laskowitz, LLP and Jonathan Hawkins of Krevolin & Horst, LLC. Miltenberg is also representing a former Colorado State University-Pueblo student who was suspended for multiple years (essentially expelled) for sexual misconduct even though his alleged victim said she wasn't raped. The student in that case is also suing the Education Department.

"It is our hope that his case, together with the Grant Neal case (commenced earlier this week), have cornered the OCR, highlighting its abuses and providing a compelling narrative as we try to dismantle the OCR's continued assault on the rights of young men," Miltenberg told the Washington Examiner in an email.

Ehrhart told the Examiner that if he got the "right panel" on the Georgia court where his lawsuit was filed, "we could be in very good shape." And if they lose, he said, "we'll appeal. We'll take this right up to the Supreme Court."

Source

This is a man. Earl Ehrhart is perhaps one of the last of the men left in government. A brave man that is taking on the feminist juggernaut. Fine,we will stand beside him and let him know that there are men standing beside him. That we at the Men's Rights Blog stand with him and wish him the best as he rights this wrong and restores and gets justice for the wrongfully accused men whom this suggestion "dear colleague" has destroyed. In fact let's tell him ourselves: earl.ehrhart@house.ga.gov The more of us he hears from the better so let's let him know we appreciate what he is doing. After all he is doing this on our behalf as well so let's let him know today.


There is a second take on this story:

Georgia lawmaker sues Department of Ed officials for exceeding authority in campus rape rules
Greg Piper - Associate Editor •April 22, 2016

Our son could be ‘wrongly accused and found responsible’

The Department of Education and its Office for Civil Rights (OCR) have harmed not only students but their parents and taxpayers by enforcing unlawful rules in campus sexual-misconduct investigations, according to a lawsuit by a Georgia lawmaker.

State Rep. Earl Ehrhart chairs the Georgia House subcommittee that controls the purse for the state’s public colleges and universities, and he has used his position to pressure schools to restore due-process rights, with some success.

But in the suit filed Thursday in U.S. District Court in Atlanta, Ehrhart and his wife Victoria spoke as parents of a son enrolled at Georgia Tech.

They have “heard countless stories of young men being accused, investigated, and subsequently expelled from Georgia colleges and universities without being provided appropriate due process protections,” owing to OCR’s 2011 “Dear Colleague” letter to colleges, the suit says.

They are “concerned that in the current regulatory climate” their son could, “like any other male college student, be wrongly accused and found responsible under the directives imposed by the Dear Colleague Letter.”

‘Imperative language’ means it is intended to be enforced

The Ehrharts’ lawsuit names Education Secretary John King and OCR chief Catherine Lhamon as defendants, as well as the agencies they lead and the United States government itself.

It was filed by the same lawyer, Andrew Miltenberg, who earlier this week sued Colorado State University-Pueblo on behalf of a male student who was functionally expelled for a sexual encounter that his partner has repeatedly said was not rape. That suit also named Department of Ed officials.

The core of the suit is that OCR did not follow the proper regulatory procedure in issuing substantive new rules, including the use of an “excessively low” evidence standard and the discouragement of cross-examination, while threatening the federal funding of schools that didn’t comply.

The Administrative Procedure Act (APA) requires a notice-and-comment rulemaking for any substantive rules, which are often marked by “imperative language” such as “must,” the suit says. It points to the repeated use of “should,” “must,” “requires” and “strongly” throughout the letter.

When OCR’s Lhamon was challenged on the letter’s legality by Sen. James Lankford, R-Okla. and chair of the Regulatory Affairs Subcommittee, she claimed the Dear Colleague was “interpretive” because the Title IX statute went through notice-and-comment 44 years ago, the suit says.

All decisions from the past five years are ‘arbitrary and void’

The Ehrharts are calling for “all disciplinary decisions arising” from the Dear Colleague letter – five years of misconduct findings from proceedings that were tailored to OCR’s demands – to be rendered “unconstitutional, arbitrary and void.”

The 2011 letter “was not, in practice or effect, a genuine guidance document” that carries no force of law, because it “coerced the schools’ compliance” with rules that were not implemented in the last rulemaking in 2001.

Because it set up “quasi-legal” proceedings that “violate many civil liberties,” the Dear Colleague has become “a highly divisive document, criticized by law professors, lawyers, educators, journalists, civil liberties groups and members of Congress,” the suit says.

The Ehrharts argued that the Department of Ed and OCR couldn’t avoid judicial review, as provided by the APA, by simply calling the Dear Colleague a guidance document.

The letter “is a final agency action in that it is the consummation of the agency’s decision-making and has been carried out as binding law since its adoption in 2011,” with “direct legal consequences” for institutions that do not comply.

The suit notes that Lhamon has repeatedly said in public settings that she expects colleges to follow the 2011 letter and “I will enforce” it – a threat made good when Tufts University “balked” at agreeing to an OCR finding that its policies suddenly violated Title IX in 2014.

Georgia taxpayers and academic programs are threatened

Those threats have forced all Georgia public colleges to create Title IX enforcement offices and hire personnel, costing them millions of dollars, to avoid the risk that their federal funding could be cut – with taxpayers hit and academic programs slashed as a result, the suit says.

It contrasts the multi-billion dollar endowments of Ivy League schools that have each hired dozens of Title IX staff in response to the Dear Colleague, with the endowments of Georgia Tech and the University of Georgia, which are “a shadow of their Ivy League peers.”

The suit notes Ehrhart’s own subcommittee hearings into how state schools handle sexual-misconduct investigations and says money can’t make students safer: The feds are demanding that colleges “micromanage the sex lives of students.”

The closest the suit gets to arguing that male students face inherent bias in post-Dear Colleague investigations – the core claim in lawyer Miltenberg’s CSU-Pueblo lawsuit – is its reference to the “rapid increase” in suits filed by students who were “wrongly disciplined.”

“Typically, these cases are brought by male students erroneously found responsible for sexual misconduct after being subjected to an arbitrary, biased and Kafkaesque investigation and adjudication,” it says.

Washington University Law Prof. John Banzhaf, who has called the 2011 Dear Colleague “unconstitutional,” said other states or municipalities could also challenge OCR in court by approving rules that contradict OCR’s, such as the right to cross-examination.

“Here it is not even clear that the [Title IX] statute authorized the Department of Education to have any involvement in the issue of rape complaints involving college students,” Banzhaf wrote in an email blast Thursday, “much less that it clearly intended to preempt any statutes individual states or municipalities might adopt. ”

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You know where this bitch came up with "dear colleague"? If it wasn't handed down to her then she reached as far up her ass as she could and pulled it out. It's not a law. It has no enforcement value yet she is acting like a smug little bitch about it. Let's see how smug she is with a congressional investigation looking up her ass. We'll see how smug she is then. Let's contact our Congressional representative and our Senators,especially Senator Lamar Alexander and Senator James Lankford. Let's teach this little bitch she can't just fuck with innocent men just because she feels like it.

Thank you Senator Lamar Alexander

Let's thank Senator Alexander for standing up to the Department of Education and for standing up to the abuses of the Civil Rights division of the Department of Education. His contact info is here.

Protest misandric bill SB 967

Law proposal will increase access to sexual assault justice

STATE ISSUES: Proposed legislation would make it easier for victims of sexual assault to access the support they need and bring their attackers to justice.

By Senior Editorial Board | Staff
Last Updated February 14, 2014

The prevalence of sexual assault on college campuses across the country has reached the point where the need for sweeping institutional reform is undeniable. Exacerbated by notions of assumed consent in modern ‘hookup culture,’ abundant drug and alcohol use, misunderstandings and malevolence, sexual assault — and university and government authorities’ failure to properly respond to it — has become an epidemic. Legislation proposed by three Sacramento lawmakers on Monday represents a solvent institutional response to the problem, as it seeks to tighten and standardize sexual assault policies across California colleges and make those policies more survivor-centered.

The proposed law — SB 967 — improves upon the efforts of even the most progressive universities, like the UC system, to address sexual assault. By their very nature, sexual assault cases are difficult to prosecute. They are often characterized by a lack of physical evidence since the crimes tend to take place in private and are sometimes not reported until some time after the fact. For all California colleges, SB 967 would establish a “preponderance of the evidence standard in the determination of disciplinary action,” meaning courts would give extra consideration to incomplete or inconclusive evidence in sexual assault cases. In this way, the benefit of the doubt would be given to the survivors, encouraging them to speak out and help ensure that more perpetrators of sexual assault are brought to justice.

But the law does more than simply aim to increase the perpetrated-to-prosecuted rate — it works to spark a necessary cultural shift in what it means to engage in consensual sexual activity. Though any policy is incapable of fully addressing the crux of the sexual assault problem, the proposal’s requirement that defendants in a sexual assault case demonstrate they obtained verbal “affirmative consent” before engaging in sexual activity makes SB 967 a step in the right direction. By setting clearer parameters and removing ambiguity around consent, this mandate places responsibility for consent on both parties and thus makes cases of assault easier to prosecute.

Tough action against perpetrators of sexual assault, and stringent, comprehensive policy standards on college campuses where many sexual assaults occur are necessary to stem this national epidemic. The proposals outlined in SB 967 represent the best policy solution to the problem of sexual assault at California schools thus far, and should be adopted by the California legislature. Although in most cases this mandate will be a simple inconvenience, it is necessary to shift the paradigm away from assumed notions of consent under which sexual assault have proliferated.

Source

This is going to be California's answer to the Department of Justice's "dear colleague" directive which stripped male students of their rights on University and College campuses when it came to false rape accusations. SB 967 is about one thing and one thing only and that is get men. This is so bad no commenters are siding with this bill.

Let's oppose this bill. If you live in California you can contact your Legislators and the Governor:

Assembly:click here
Find your Representatives and Senators

Senate: click here

Governor Jerry Brown: Governor's website
Email the Governor

If you don't live in California contact the legislative speakers and Governor, tell them that you don't support SB 967 and that you don't want to spend your money to benefit a state that passed SB 967 or similiar legislation. It's time to end the anti-male sexism.

(UPDATE: The current status of SB 967 as of 2-18-14)

CURRENT BILL STATUS


MEASURE : S.B. No. 967
AUTHOR(S): De León and Jackson (Principal coauthor: Assembly Member
Lowenthal) (Coauthors: Senators Beall, Evans, Galgiani,
Pavley, and Torres) (Coauthors: Assembly Members
Gonzalez and Williams).
TOPIC : Student safety: sexual assault.
HOUSE LOCATION : SEN

TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 02/11/2014
LAST HIST. ACTION : From printer. May be acted upon on or after March 13.

TITLE : An act to add Section 67386 to the Education Code,
relating to student safety.

Source

Let's keep an eye on this one,dudes. Even if you don't live in California this could spread to your state. The best way to get rid of SB 967 and Dear Colleague is to oppose them. The more of us that do that the better our chances are of prevailing over them.