Month: September 2017

PR: In Support of Sexual Assault Survivors, SAVE Calls on College Administrators to Expeditiously Implement New Federal Policy

Post author By saveadmin
Post date September 25, 2017

Contact: Chris Perry

Telephone: 301-801-0608

In Support of Sexual Assault Survivors, SAVE Calls on College Administrators to Expeditiously Implement New Federal Policy

WASHINGTON / September 25, 2017 – In order to support identified sexual assault victims, SAVE is urging campus administrators to implement the new policy issued by the Department of Education as soon as practicable. The document, “Q and A on Campus Sexual Misconduct,” was released this past Friday (1).

The federal guidance is designed to make the process more fair for both complainant and the accused, improve the reliability of disciplinary determinations, and bring an end to what many persons have termed the campus “kangaroo courts.”

Stop Abusive and Violent Environments (SAVE) has identified five ways in which the new guidance will benefit identified victims:

Increased Reporting: Flawed campus procedures discourage the reporting of incidents. In Michigan, student Jessica Howell publicly denounced the campus adjudication process as treating the “violation of our bodies and minds…as no more than a late library book.” (2)
Enhanced Credibility of Complainants: The federal guidance reminds schools of the definition of hostile environment as sexual misconduct that is “severe, persistent, or pervasive.” This will encourage schools to curb overly broad definitions of sexual misconduct such as “unwanted flirting,” use of unwanted gender pronouns, insensitive jokes, and the like. This will reduce the perception of sexual misconduct complaints as frivolous, thus enhancing the credibility of complainants.
Better Investigations: The new guidance removes the previous prohibition on schools from relying on investigations by law-enforcement authorities, and eliminates the 60-day limit for resolution of the complaint. These changes will enhance the thoroughness and accuracy of investigations.
Mediation Option: The new guidance allows parties that are agreeable to this approach to engage in “informal resolution, including mediation, to assist the parties in reaching a voluntary resolution.” Mediation allows the parties to clarify their intentions, express feelings, and convey remorse.
Fewer Appeals, Lawsuits, and Repeat Hearings: The main objective of the new policy is to enhance the accuracy and reliability of campus adjudications. When the accused student believes the determination is wrong, he is likely to file an appeal or lawsuit, often resulting in a decision to repeat the hearing. This process can consume months or years.

In addition, SAVE encourages the referral of felony-level cases to local law enforcement, whenever feasible. The criminal justice system provides 28 protections to identified victims that are not available on campuses (3).

A recent Rasmussen poll found that 73% of Americans agree with Education Secretary Betsy DeVos’s statement that “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” (4)

Citations:

SAVE (Stop Abusive and Violent Environments) is working for practical and effective solutions to campus sexual assault: www.saveservices.org

Campus Sexual Assault

PR: SAVE Calls on California Lawmakers to Postpone Consideration of SB-169

Post author By saveadmin
Post date September 20, 2017

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Rasmussen Poll Shows Most Americans Support DeVos Statement: SAVE Calls on California Lawmakers to Postpone Consideration of SB-169

WASHINGTON / September 20, 2017 – A new Rasmussen poll has found that 73% of Americans agree with Education Secretary Betsy DeVos’s statement that “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” DeVos made the statement during a recent major policy address.

DeVos also reported that the Department of Education will develop a new campus sexual assault policy designed to protect the rights and protections of both identified victims and accused students.

In response, the editorial boards of 13 newspapers have called for major reforms to the current campus-based approach for handling allegations of sexual assault. The newspapers include the Washington Post, Boston Globe, USA Today, and others (1).

The San Bernardino Sun editorial board also endorsed DeVos proposal, explaining, “Sexual assault is a serious crime. It should be dealt with by police and the legal system, not a kangaroo hearing operated by college administrators.” (2) The Orange County Register similarly noted, “But the government, and universities under its direction, have gone too far, and, as a result, threatened and violated the rights of the innocent.” (3)

A 2016 survey of 400 California voters found a strong majority favored involvement of the criminal justice system in campus cases (4). Asked, “Once the investigation is completed, who should make the determination of innocence or guilt?”, 89% favored the criminal justice system, and only 11% favored the current campus disciplinary committees.

Based on the results of the Rasmussen poll, the recommendations of numerous editorial boards, and the survey of California voters, SAVE is now urging California legislators to postpone consideration of SB-169 until the current concerns can be debated and resolved (5).

The Rasmussen survey of 1,000 American adults was conducted on September 10-11, 2017 (6).

Citations:

SAVE (Stop Abusive and Violent Environments) is working for practical and effective solutions to campus sexual assault: www.saveservices.org

Campus Sexual Assault

PR: New York Times: Time to End the Campus Witch Hunt

Post author By saveadmin
Post date September 11, 2017

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

New York Times: Time to End the Campus Witch Hunt

WASHINGTON / September 11, 2017 – The New York Times has published a strongly worded editorial labeling the current campus sexual assault system a “witch hunt” that embodies numerous “travesties of justice.” Written by Pulitzer prize winner Bret Stephens, the commentary invites persons of all political persuasions to view the federal Dear Colleague Letter on sexual violence as an effort to pursue an “agenda through methods both lawless and aggressive.” (1)

Stephens highlighted the experience of one father who revealed, “After my son received notice that he had been accused of rape I went to the top-tier university he attended and in my first meeting was told he should leave voluntarily because there was no possibility that he could ever be found innocent.”

Writing in Politico, Lara Brazelon similarly has decried how “hundreds of schools were placed under federal investigation for failing to be tougher in handling allegations of campus sexual assault.” (2)

On Sunday, the Editorial Board of USA Today expressed support of Secretary DeVos’ plan, explaining, “Sexual assaults are serious crimes best handled by the criminal justice system. The most stringent punishment schools can order is expulsion. That can be appropriate for cheating on a term paper, but not for rape.” (3)

In August, four Harvard Law School professors issued a statement sharply critical of Department of Education policies on campus sexual assault. “While the Administration’s goals were to provide better protections for women, and address the neglect that prevailed before this shift, the new policies and procedures have created problems of their own,” the professors charged (4).

The SAVE report, “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” further documents how campus rape tribunals mistreat identified victims and accused students alike and thwart the search for justice (5).

Citations:

SAVE (Stop Abusive and Violent Environments) is working for practical and effective solutions to campus sexual assault: www.saveservices.org

Campus Sexual Assault

PR: Harvard Law Professors Call for Sweeping Changes to Campus Sex Tribunals

Post author By saveadmin
Post date September 5, 2017

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Harvard Law Professors Call for Sweeping Changes to Campus Sex Tribunals

WASHINGTON / September 5, 2017 – Four Harvard Law School professors have issued a statement sharply critical of Department of Education policies on campus sexual assault. “While the Administration’s goals were to provide better protections for women, and address the neglect that prevailed before this shift, the new policies and procedures have created problems of their own,” the professors charge.

Professors Elizabeth Bartholet, Nancy Gertner, Janet Halley, and Jeannie Suk Gersen call on the federal agency to implement numerous reforms to assure fairness for both the accuser and the accused. These changes include narrowing definitions of sexual assault, assuring meaningful cross-examination, and involving legal counsel. The Harvard professors are especially critical of universities that allow investigators to also serve as adjudicators, a practice often referred to as the “single-investigator” model.

The professors’ memorandum, “Fairness for All Students Under Title IX,” can be viewed online (1).

This week SAVE is launching a national campaign designed to increase public awareness how campus rape tribunals are mistreating identified victims of sexual assault (2). Anecdotal examples of this mistreatment have been compiled (3). The criminal justice system offers 26 protections to identified victims that are not available on campus (3).

The SAVE report, Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade, further documents how campus rape tribunals disappoint identified victims and accused students alike and frustrate the search for justice (4).

Citations:

SAVE (Stop Abusive and Violent Environments) is working for practical and effective solutions to campus sexual assault: www.saveservices.org