Betsy Devos rescinds the Dear Colleague suggestion

Education Secretary Betsy DeVos today criticized the previous administration's approach to campus sexual assault, accusing it of imposing a "broken system" that mistreats both accused students and rape survivors.

The Obama-era Office for Civil Rights compelled universities to design sexual assault adjudication policies that have deprived students of due process rights and weakened protections for freedom of expression. In a speech this afternoon, DeVos said her department would revise its existing guidance for complying with Title IX, the federal statute at the center of the effort.

DeVos cited several examples of colleges putting students through Kafkaesque quasi-judicial procedures. I promise you they are real. We've written about them at Reason.

Here's a list of some of DeVos's examples, with links to our articles about them.

1. Stony Brook University

"The current failed system left one student to fend for herself at a university disciplinary hearing," said Devos. "She told her university that another student sexually assaulted her in her dorm room. In turn, her university told her she would have to prosecute the case herself. Without any legal training whatsoever, she had to prepare an opening statement, fix exhibits and find witnesses."

I covered that case here: "College Rape Trials Are Unfair to Men and Women. Here's Why."

2. The University of Southern California

"You may have recently read about a disturbing case in California," said DeVos. "It's the story of an athlete, his girlfriend, and the failed system. The couple was described as 'playfully roughhousing,' but a witness thought otherwise and the incident was reported to the university's Title IX coordinator. The young woman repeatedly assured campus officials she had not been abused nor had any misconduct occurred. But because of the failed system, university administrators told her they knew better. They dismissed the young man, her boyfriend, from the football team and expelled him from school. 'When I told the truth,' the young woman said, 'I was stereotyped and was told I must be a 'battered' woman, and that made me feel demeaned and absurdly profiled.'"

Elizabeth Nolan Brown wrote about that one here: "Star-Crossed Student Athletes Torn Apart By Title IX Witchhunt at USC."

3. George Mason University

"Another student at a different school saw her rapist go free," said Devos. "He was found responsible by the school, but in doing so, the failed system denied him due process. He sued the school, and after several appeals in civil court, he walked free."

There are a few different cases that arguably meet this description; I wrote about one of them here: "Students Had BDSM Sex. Male Says He Obeyed Safe Word. GMU Agreed, Expelled Him Anyway."

4. The University of Tennessee

"A student on another campus is under a Title IX investigation for a wrong answer on a quiz," said DeVos. "The question asked the name of the class Lab instructor. The student didn't know the instructor's name, so he made one up—Sarah Jackson—which unbeknownst to him turned out to be the name of a model. He was given a zero and told that his answer was 'inappropriate' because it allegedly objectified the female instructor. He was informed that his answer 'meets the Title IX definition of sexual harassment.' His university opened an investigation without any complainants."

That can't be true. It's just too crazy, right? Wrong. It happened, and I wrote about it here: "Tennessee Student Accused of Sexual Harassment Because He Wrote Instructor's Name Wrong." And I posted a follow-up here: "UT Student Now Being Investigated for Sexual Harassment After Writing His Instructor's Name Wrong."

5. various colleges

"Too many cases involve students and faculty who have faced investigation and punishment simply for speaking their minds or teaching their classes," said DeVos.

Consider the case of Northwestern University's Laura Kipnis, whose skepticism about rules forbidding sexual relationships between students and professors led to her being investigated under Title IX: "This Prof Dared to Challenge Her Students' Views on Sex. Here's How They Retaliated."

Or the case of Louisiana State University's Teresa Buchanan: "LSU Professor Fired for Telling Jokes Is Latest Victim of College Anti-Sex Hysteria."

Or a case at the University of Massachusetts-Amherst, where residence advisors claimed that making jokes about Harambe, the dead gorilla and internet meme, could constitute a violation of Title IX: "UMass-Amherst: Harambe Jokes Are Racist Microaggressions, Violate Title IX."

Then there are some Title IX cases DeVos neither mentioned nor implied, but could have easily served as examples of the sort of mania that has taken hold on campuses:

6. Amherst College

A male student was expelled for sexual assault, even though he had credible evidence that his accuser had assaulted him: "Amherst Student Was Expelled for Rape. But He Was Raped, Evidence Shows."

7. Brandeis University

A gay male student accused his ex-boyfriend of sexual assault. Even though the alleged infractions—a stolen glance in the shower, a wake-up kiss—were incredibly silly, the investigator found the accused responsible for sexual misconduct: "Judge Sides with Gay Brandeis Student Guilty of 'Serious Sexual Transgression' for Kissing Sleeping Boyfriend."

8. Colorado State University-Pueblo

An athlete of color, Grant Neal, was accused of sexually assaulting a female trainer—but not by her. When questioned, the trainer said, "I'm fine and I wasn't raped." University officials pointed out that according to Title IX, they got to be the judge of that, not her. Neal was deemed guilty and expelled: "Female Student Said, 'I'm Fine and I Wasn't Raped.' University Investigated, Expelled Boyfriend Anyway."

9. University of Texas-Arlington

A gay male student claimed a classmate, Thomas Klocke, told him to "consider killing himself." The classmate denied ever saying such a thing; according to his version of events, the accuser came on to him and didn't appreciate being rejected. The gay student filed a Title IX sexual harassment complaint against Klocke, who was found responsible. He then committed suicide: "Lawsuit: Male Student Accused of Sexual Harassment for Rejecting Gay Advances Commits Suicide After Title IX Verdict."

Critics of DeVos will say that her plan to reform Title IX is some kind of giveaway to rapists. But it's not. Today, DeVos recognized a basic and obvious truth that every objective chronicler of the college rape crisis already knows: The Obama-era modifications to Title IX utterly failed to bring justice to campuses.

Source

This is great. Let's contact her at Betsy.Devos@ed.gov and thank her for rescinding the Dear Colleague suggestion. The more of us she hears from the better so let her know today.

Let's ask Donald Trump were he stands on due process for male students accused of sexual misconduct

Rights group calls on presidential candidates to denounce 'victim-centered investigations'

By Ashe Schow (@AsheSchow) • 8/11/16 2:17 PM

An organization dedicated to overturning and preventing wrongful convictions is calling on presidential candidates Hillary Clinton and Donald Trump to denounce "victim-centered investigations."

The Center for Prosecutor Integrity works with prosecutors, defense attorneys, law enforcement and the falsely accused to prevent wrongful convictions and over-criminalization. The group says victim-centered investigations have led and will lead to more wrongful convictions and false accusations.

"Victim-centered investigations emphasize the collection of evidence supportive of the complainant and discourage the collection of exculpatory evidence, thereby increasing the likelihood of a guilty verdict," the group wrote in a press release. "Victim-centered investigations represent a departure from ethical standards of investigative impartiality, neutrality and objectivity."

Both the Democratic and Republican Party platforms discussed fairness in accusations of sexual assault, specifically on college campuses. But requiring victim-centered investigations removes fairness, as investigators — whether actual law enforcement or campus bureaucrats — are told to believe accusers and pressured by the federal government to punish the accused no matter what the evidence shows.

As I've written before, one of the few times the general public was able to review just what constituted a "victim-centered" investigation, the results were unnerving. Investigators were outright told that false accusations are rare (so best not to ever disbelieve the accuser) and to predict what a likely defense would be, so as to counteract it during the investigation.

Investigators for the University of Texas system were told not to repeat questions with accusers (or not to take notes when doing so), so that there would not be evidence of inconsistencies that could be an indication the accuser was lying.

The CPI press release mentions the case of a young man who was accused of sexually assaulting a woman even though he had never been to the town the alleged assault was said to have occurred.

The group called for Clinton and Trump to endorse a "justice-centered" approach that "protects due process, preserves the presumption of innocence and utilizes an impartial evaluation of all evidence."

Accusers, CPI notes, should be treated with respect and taken seriously, but investigators must remain impartial. I've previously advocated for a "trust but verify" approach, which would ensure accusers aren't disbelieved from the start, but that the accused would also not be treated as guilty from the beginning.

Trump hasn't mentioned campus sexual assault during his campaign, but Clinton has tweeted that we should "listen and believe" anyone who makes an accusation (unless they're accusing her husband, of course).

Source

As you can plainly see that as far as men's rights go Hillary is a lost cause. The proof is here and here. Which is causing this and rightfully so. That means our best bet is with Donald Trump. So contact him at facebook or send him a tweet and let him know that we are very concerned about this. The more of us that contact him the better so don't delay.

Petition Utah to reform DV laws

It is an automatic 5 year sentence in a Federal Penitentiary for a person to possess a firearm while they have a protective order in place against them. A significant number of respondents (disproportionately men) have had their rights under the U.S. Constitution's 1st and 2nd Amendments trampled on by "protective orders" that have been in place for 5 years, 10 years, or even longer. The vast majority of states allow for an automatic cut-off after a year or 3 years. Utah's law unconstitutionally allows protective orders to continue INDEFINITELY. Should a Petitioner believe s/he still needs a protective order beyond 1 or even 3 years, they should be required to apply to the court for a new protective order (before or after the EXPIRATION of the original protective order). This is the ONLY way to be fair to the Respondent.

The Respondent can suffer the loss of his/her firearm for the 1-3 years due to his/her actions towards the Petitioner. However, indefinitely preventing a Respondent from being able to defend him/herself or work in a field of choice which requires a firearm is entirely unconstitutional.

The undersigned agree and wish that you would take action to make a positive change in this matter at once. Thank you.

To sign the petition

Tackling domestic violence at the state level

From SAVE:

Stop Abusive and Violent Environments (SAVE) recently asked their Domestic Violence Legislative Project (DVLP) members to take on a one year challenge: Get state-level DV reform legislation enacted into law by June 30, 2013.

As of this writing, twelve states have signed up: Florida, Georgia, Indiana, Maryland, Massachusetts, Minnesota, Montana, Nebraska, New York, Oregon, Texas, and Wisconsin. Good thing, since Americans are fed up with fraud, waste, discrimination and false allegations.

Visit www.saveservices.org/dvlp to join the DVLP.

teri

Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org

This sounds like a great challenge and one I believe we are up to. To find out your state officials go here. This sounds like a project to get started right away.