October 2012 - Save - Leading The Policy Movement For Fairness and Due Process On Campus

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Former Federal Attorney Calls Dept. of Education Sex Directive ‘Unlawful’

WASHINGTON/ October 29 — A former federal attorney has accused the U.S. Department of Education (DED) Sexual Assault directive as being unlawful and unconstitutional. Civil rights attorney Hans Bader notes the Department’s sexual assault order “illegally legislated through administrative fiat and undermined due-process safeguards.”

The new directive not only overturns decades of campus procedures for dealing with claims of sexual impropriety, but contradicts numerous decisions by the U.S. Supreme Court, Bader asserts. Bader’s legal analysis, Education Dept. Unlawfully Changes Burden of Proof in College Sexual Harassment Cases, can be viewed here: http://www.cotwa.info/2012/09/univ-of-north-carolina-rides-roughshod.html

Under the mandate, sometimes referred to as a “Dear Colleague Letter,” all colleges that receive federal funding must weaken their due process protections for any student charged with sexual impropriety. Universities must now judge the accused according to the lowest standard of evidence in American law – preponderance of evidence – or risk losing its federal funding.

In Ohio, Xavier University basketball star Dezmine Wells was recently expelled under the new standard, despite the fact that a local prosecutor who investigated the case called it one that “wasn’t even close.” The grand jury agreed with the prosecutor’s conclusion, but Wells was still banned from the school, with Xavier U. citing the federal directive as the reason.

“The Department of Education’s policy places the burden of proof on the accused and diminishes the presumption of innocence,” notes SAVE spokesman Steve Blake. “The DED directive turns institutions of higher learning into modern day Star Chambers in which conviction becomes nearly a foregone conclusion.”

The Sexual Assault Directive has been strongly criticized in over 80 editorials: http://www.saveservices.org/camp/ded-directive/ded-editorials/

Cornell law professor Cynthia Dawson notes the federal mandate is “not an administrative regulation, has not been subjected to notice and comment, and thus does not have the status of law.”

For more information, see SAVE’s Special Report, “An Assault on Our Civil Rights:” http://www.saveservices.org/wp-content/uploads/SAVE-Assault-Civil-Rights.pdf

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence and sexual assault: www.saveservices.org

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Bogus Claims Cheat Victims: SAVE Urges Colleges to Hold False Accusers Accountable

WASHINGTON/ October 4, 2012 – Following release of a federal sexual assault mandate, a growing number of college students are being falsely accused and wrongfully expelled on charges of rape. Stop Abusive Violent Environments (SAVE), a victim advocacy organization, is calling on colleges to hold false accusers accountable for their wrong-doing.

At Yale University, University of Connecticut, Xavier University, University of North Dakota, and elsewhere, students have faced false rape charges. In some cases, prosecutors later dismissed the case and even charged the “victim” with perjury. http://www.saveservices.org/wp-content/uploads/U.-Montana-Ltr..pdf

Last week, the University of North Florida reported that the problem of bogus charges has reached the point that campus police now require false accusers to reimburse for investigators’ time. Four wrongful rape accusations have been filed at the Jacksonville, Fla. college in the past year. http://unfspinnaker.com/4-false-police-reports-in-past-calendar-year-reap-steep-consequences/?utm_source=rss&utm_medium=rss&utm_campaign=4-false-police-reports-in-past-calendar-year-reap-steep-consequences

False sex assault accusations squander scarce police services, cause investigators to treat true victims with suspicion, and ultimately cause future victims not to report crimes for fear they will be doubted, SAVE believes.

A growing number of judges, attorneys, and victim advocates are speaking out on the damage caused by false accusations: http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/

“Colleges must hold false accusers accountable for the immense harm they do to victims of sexual assault,” says SAVE spokesman Steve Blake. “As long as the Education Department’s unlawful directive is in place, colleges must discipline the false accusers — or else force victims to suffer in silence.”

The Department of Education’s 2011 Sexual Assault Directive mandates far-reaching changes in how college disciplinary committees adjudicate sexual assault claims.

In a recent analysis, Hans Bader, former attorney at the U.S. Department of Education, charges the federal directive has “undermined due-process safeguards” and that the “attack on cross-examination undermines accuracy in campus disciplinary proceedings.” http://collegeinsurrection.com/2012/09/education-dept-unlawfully-changes-burden-of-proof-in-college-sexual-harassment-cases/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence and sexual assault: www.saveservices.org