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Uncategorized Victims

Native American Boys: Forgotten Victims

Native American Boys: Forgotten Victims

by  | Jun 3, 2020

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recent study by the Nebraska State Patrol and the Commission on Indian Affairs should change how the media and lawmakers view violence against Native Americans. They should look carefully at male victims, but it is far from clear that they will.

The Omaha World-Herald offers a surprising statistic, “The greatest percentage of Native American missing persons are boys age 17 or younger, accounting for 73.3% of all Native American missing persons in Nebraska.” In fact, they account for 59.6% of missing people in the state. The data is even the more remarkable because it resulted from LB 154, a state bill to “require a report on missing Native American women in Nebraska.” The 21-line bill that authorizes the study mentions “Native American women” six times; men and boys are not mentioned at all.

At long last, male victims of violence may receive the same attention as female ones. Or will they?

Some telling comments conclude the study. Under “Important Related Information,” it states, “During the period of this investigation…there have been several tragic events involving young Native women in Nebraska: the cases of Ashlea Aldrich and Esther Wolfe. These alleged crimes against Native women make plain” why the study and “its ongoing follow through are vitally important.” State Senator Tom Brewer, who co-sponsored LB 154, is quoted: “We need all law enforcement to communicate and work together to address the exploitation and victimization of Native women.” The concluding words of Judi M. Gaiashkibos, Executive Director, Nebraska Commission on Indian Affairs, speaks only of “women and children” and laments “actions and policies” that “have displaced women from their traditional roles in communities and governance and diminished their status…leaving them vulnerable to violence.”

Men and boys are nowhere. Nor does the media seemingly note even the possibility of male victims. A Lincoln Journal Star article that anticipated LB 154 was entitled “Senators want to step up investigations of missing or abused Native women.” And a word commonly applied to violence against Native American women is “epidemic.” These women deserve every bit of attention and compassion they receive, but so do males.

Lawmakers also ignore male victims. The latest Violence Against Women Act (VAWA), which awaits reauthorization, is an example. It sets the national standard on how sexual abuse is handled, including “Standardized protocols for…missing and murdered Indians.” (Sec. 904) Native American women is one of the Act’s core issues with TITLE IX—Safety for Indian Women addressing the problem. Title IX opens, “More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experienced violence in their lifetime”—a statistic drawn from a National Intimate Partner and Sexual Violence Survey entitled “Violence Against American Indian and Alaska Native Women and Men.”

The statistic is appalling, but VAWA makes a curious omission in quoting it. Immediately after the 84.3 percent figure, the Survey cited reads, “More than 4 in 5 American Indian and Alaska Native men (81.6 percent) have experienced violence in their lifetime.” In other words, Native American men experience only 2.7 percent less violence than women. A few lines later, the  Survey states “55.5 percent” of women and “43.2 percent” of men “have experienced physical violence by an intimate partner,” figures that differ by 12.3 percent. And, yet, this data does not make it into VAWA.

It is difficult to avoid concluding that VAWA slants important evidence in order to champion female victims and dismiss male ones. In theory, the programs VAWA administers are available to both sexes even though the language is gendered for females. In practice, VAWA is widely accused of making only a tiny portion of its considerable resources available to men.

The plight of male victims must be well known to lawmakers who appear to be passionate about issues like domestic violence (DV). A 2019 article in Indian Country Today“Breaking the silence on violence against Native American men” cites “a recent study by the National Institute of Justice”; it reported that “more than 1.4 million American Indian and Alaska Native men have experienced violence in their lifetime.” The total may be an understatement. Males victims of DV ”are often reluctant to seek help or tell friends or family out of embarrassment and/or fear of not being believed. They may worry that they—and not their partner—will be blamed for the abuse.”

The blind eye to male victims is not limited to Native Americans, however, but pervades most discussions of DV. Consider the VAWA provision that allows battered immigrants to petition for legal status. In 2016, Attorney Gerald Nowotny called out the provision’s unfairness to men. Nowotny wrote, “The irony is that when it comes to the perception of domestic abuse, the focus is almost exclusively on men as the perpetrators of violence and abuse. The statistical reality is that more men than women are victims of intimate partner physical violence and psychological aggression.” Nowotny’s assessment derived from a 2010 national survey by the Centers for Disease Control and U.S. Department of Justice that found more men than women experienced physical violence from an intimate partner and over 40% of severe physical violence.

But the assumption of mainstream media and lawmakers seems unshakable: men commit violence against women; men are not victims. What if this gender bias were a racial one? What if VAWA was the Violence Against Whites Act? There would be and there should be outrage. The same people should be as outraged as by the suffering of men who too often remain silent for fear of being ridiculed or not believed. In this regard, male victims today resemble female ones from decades ago; they are revictimized by a system that does want to hear their voices.

Categories
Sexual Assault Sexual Harassment Title IX

Secretary DeVos Right to Restore Due Process on Campus

By L. Douglas Wilder

June 3, 2020

 

Wilder is the former governor of Virginia. He currently serves as a distinguished professor at Virginia Commonwealth University’s Wilder School of Government and Public Affairs.

 

As colleges and universities across the country plan what higher education will look like on the post-pandemic campus, the Department of Education has taken a major step toward improving one area with a longtime culture of injustice.

 

Of course, our top priority is clamping down on sexual misconduct. Every year, thousands of students are exposed to unwanted sexual activity on campus, most of them being women. This ruins their college experience and can leave them traumatized long after they graduate.

 

Sexual misconduct is simply unacceptable. Campus officials must do their best to hold the perpetrators accountable and keep our students safe.

 

What they cannot do, however, is ignore due process — the bedrock of our judicial system. Too often, those accused of sexual misconduct are publicly vilified before their side of the story is ever heard. Too often, the accused are presumed to be guilty before the facts of their case are even known. This is just as unacceptable.

 

In America, people are always innocent until they’re proven guilty. “Guilty until proven innocent” is a perversion of our judicial system. The system relies on due process to keep both the accusers and the accused on a level playing field. Only then can we assess the validity of the allegations at hand and draw the right conclusions from them.

 

Unfortunately, I’ve experienced the presumption of guilt firsthand. For over a year now, I have undergone an unimaginable nightmare at Virginia Commonwealth University (VCU), where I lecture at the Wilder School of Government and Public Affairs. In December 2018, a complaint was filed against me by a 20-year-old student, alleging that I had touched her leg and kissed her without consent. The complainant was directed to file criminal charges with the Richmond Police Department. However, the charge was determined to be “unfounded.”

 

Nevertheless, VCU’s Title IX office carried on behind my back. Although the office notified the complainant that her complaint would be investigated thoroughly within two days of receiving it, I wasn’t notified of anything relative to any complaint until almost two months later.

 

At the end of January 2019, I finally received a “Notice of Investigation” letter, which detailed four specific allegations: Non-consensual Sexual Contact, Sexual Exploitation, Sex-Gender-based Discrimination, and Retaliation. The matter was assigned to an external investigator by Laura Walsh Rugless, the Executive Director of Equity Access Services and Title IX Coordinator, who has subsequently resigned her position at VCU.

 

Weeks later, I was notified that the initial external investigator was removed and replaced by Jody Shipper, co-founder and managing director of Grand River Solutions. This is the same Jody Shipper who conducted a Title IX investigation at the University of Southern California, an investigation whose determination was overturned by the California Court of Appeal, Second Appellate District Court in December 2018.

 

Why? Because the accused was denied a fair and transparent Title IX proceeding. Yet VCU recruited Shipper anyway, and she subsequently concluded that the “unfounded” charge against me was true (while determining the three other allegations were not true).

 

To the hearing panel’s credit, they rejected Shipper’s findings, ruling that I was not in fact responsible for non-consensual sexual contact. But it was too late: Shipper’s reckless pursuit of guilt — emboldened by VCU’s Title IX office — was the most unsettling experience of my life. Becoming the first elected African American governor in U.S. history was a walk in the park compared to this ordeal. And it has permanently damaged my reputation, regardless of my innocence.

 

Hopefully, campus officials can learn from the mistakes of the past. I came to learn that VCU was already under a voluntary resolution agreement signed by President Michael Rao in 2014, due to issues with its mishandling of previous Title IX cases. It is imperative that VCU and all institutions of higher education ensure fairness for both parties in situations such as these.

 

I hope that my experience will inform future Title IX proceedings, as we continue to clamp down on sexual misconduct. I pray that we can protect accusers and the accused by upholding due process.

 

Fortunately, the Department of Education is doing its part to guarantee due process for all parties, while recognizing the tragedy of sexual misconduct on campus. Following Secretary DeVos’ lead, administrators, faculty, staff, and students can rest assured that their voices will be heard.

 

With due process, we can all rest assured that the presumption of innocence will prevail—followed by the truth.

 

Source: https://www.roanoke.com/opinion/commentary/wilder-secretary-devos-right-to-restore-due-process-on-campus/article_dfac7ff4-7d4d-5109-9657-2532a0816f1d.html

Categories
Sexual Assault

Media Coverage of New Title IX Regulation

Following is a partial listing of media accounts about the new Title IX regulation, published through May 20, 2020. The articles represent a broad range of perspectives, both pro and con:

DATE OUTLET REPORTER/EDITORIALIST URL
5/20/20 Philadelphia Inquirer op-ed: Jordan Draper
5/19/20 Pittsburgh Post-Gazette Editorial
5/19/20 Washington Post Editorial
5/17/20 The Oklahoman Editorial https://oklahoman.com/article/5662439/a-needed-change-to-campus-assault-protocols
5/15/20 Washington Examiner op-ed: Brad Polumbo
5/15/20 Reason Robby Soave https://reason.com/2020/05/15/aclu-betsy-devos-title-ix-rule-due-process/
5/15/20 NBC News Erik Ortiz https://news.yahoo.com/aclu-sues-betsy-devos-over-194951672.html
5/13/20 Wall Street Journal Letter to the  Editor https://www.wsj.com/articles/joe-biden-title-ix-and-rights-of-the-accused-11589391121
5/11/20 New York Daily News Editorial
5/9/20 Detroit News Editorial
5/8/20 Newsweek op-ed: Shiwali Patel https://www.newsweek.com/even-crisis-trump-devos-are-determined-fail-students-opinion-1502688
5/8/20 Ms. Magazine op-ed: Carrie N. Baker https://msmagazine.com/2020/05/08/devoss-campus-sexual-assault-regulations-are-an-abomination/
5/8/20 Houston Chronicle Brittany Britto
5/8/20 City Journal op-ed: KC Johnson https://www.city-journal.org/joe-biden-title-ix-regulations
5/8/20 FoxNews.com op-ed: Curt Levey
5/8/20 National Review Rich Lowry
5/8/20 Wisconsin Public Radio Dean Knetter https://www.wpr.org/changes-title-ix-rules-will-impact-sexual-assault-cases-college-campuses
5/7/20 ABA Journal Debra Cassens Weiss
5/7/20 AEI Blog Frederick Hess https://www.aei.org/education/devos-gets-title-ix-right/
5/7/20 Associated Press Collin Binkley
5/7/20 Breitbart Dr. Susan Berry
5/7/20 BuzzFeed Ellie Hall https://www.buzzfeednews.com/article/ellievhall/betsy-devos-title-ix-campus-sexual-assault
5/7/20 CBS News Associated Press https://www.cbsnews.com/news/sexual-assault-rules-college-campuses-student-rights-betsy-devos/
5/7/20 Cornell Daily Sun Kathryn Stamm
5/7/20 Daily Wire Ashe Schow
5/7/20 Fox News Channel Tucker Carlson https://video.foxnews.com/v/6154828829001?playlist_id=5198073478001#sp=show-clips
5/7/20 National Association of Scholars Statement https://www.nas.org/blogs/press_release/statement-on-the-new-title-ix-regulations
5/7/20 FoxNews.com Greg Re https://www.foxnews.com/politics/biden-pelosi-devos-schools-sexual-misconduct
5/7/20 Inside Higher Education Greta Anderson https://www.insidehighered.com/news/2020/05/07/education-department-releases-final-title-ix-regulations
5/7/20 National Review Mairead McArdle
5/7/20 National Review NR Staff https://www.nationalreview.com/corner/fixing-title-ix/
5/7/20 NBC New York
5/7/20 Newsweek Katherine Fung https://www.newsweek.com/what-new-title-ix-rules-will-mean-campus-sexual-assault-cases-1502439
5/7/20 Reason Samantha Harris https://reason.com/2020/05/07/what-you-need-to-know-about-the-new-title-ix-regulations/
5/7/20 Refinery 29 Erin Corbett https://www.refinery29.com/en-us/2020/05/9788732/title-ix-changes-betsy-devos-college-sexual-assault
5/7/20 Salon.com Roger Sollenberger https://www.salon.com/2020/05/07/betsy-devos-unveils-new-title-ix-rules-are-they-aimed-at-silencing-survivors/
5/7/20 Teen Vogue Clarissa Brooks https://www.teenvogue.com/story/betsy-devos-title-ix-hurt-marginalized-survivors-most
5/7/20 The College Fix Greg Piper
5/7/20 The Conversation Editors
5/7/20 The Harvard Crimson Isabel Isselbacher https://www.thecrimson.com/article/2020/5/8/experts-on-new-title-ix-rules/
5/7/20 The Independent Danielle Zoellner
5/7/20 Yahoo Sports Cassandra Negley
5/6/20 ABC News Sophie Tatum
5/6/20 Atlanta Journal Constitution/Get Schooled Blog Maureen Downey
5/6/20 Berkeley Beacon Stephanie Purifoy https://berkeleybeacon.com/devos-releases-new-federal-title-ix-regulations-amid-internal-review-at-emerson/
5/6/20 Chronicle of Higher Education Sarah Brown
5/6/20 Chronicle of Higher Education Sarah Brown https://www.chronicle.com/article/What-Colleges-Need-to-Know/248717
5/6/20 Click on Detroit Cassidy Johncox
5/6/20 CNN.com Annie Grayer/Veronica Stracqualursi https://www.cnn.com/2020/05/06/politics/education-secretary-betsy-devos-title-ix-regulations/index.html
5/6/20 Daily Beast Blake Montgomery
5/6/20 Daily Bruin Julia Shapero/Genesis Qu
5/6/20 Daily Princetonian Zachary Shevin/Rooya Rahin
5/6/20 Detroit Free Press David Jessee
5/6/20 Detroit News Ingrid Jacques
5/6/20 Ed Week Evie Blad https://blogs.edweek.org/edweek/campaign-k-12/2020/05/title-ix-rule-final-devos-sexual-harassment.html
5/6/20 Education Dive Jeremy Bauer-Wolf https://www.educationdive.com/news/title-ix-regulations-released/566248/
5/6/20 ESPN.com Paula Lavigne
5/6/20 Forbes Evan Gerstmann
5/6/20 Fox News Channel Martha McCallum https://video.foxnews.com/v/6154815461001#sp=show-clips
5/6/20 HuffPost Alanna Vagianos
5/6/20 IWF Blog Jennifer C. Braceras https://www.iwf.org/2020/05/06/does-due-process-silence-survivors/
5/6/20 KPIX TV Len Ramirez
5/6/20 Los Angeles Times Teresa Watanabe
5/6/20 Louisville Courier-Journal Mandy McLaren
5/6/20 MotherJones Madison Pauly https://www.motherjones.com/politics/2020/05/devos-title-ix-campus-sexual-misconduct/
5/6/20 NBC News Erik Ortiz/Tyler Kingkade
5/6/20 NBC News Tyler Kingkade https://www.nbcnews.com/news/education/betsy-devos-new-title-ix-rules-will-shake-how-k-n1201616
5/6/20 New York Times Erica Green https://www.nytimes.com/2020/05/06/us/politics/campus-sexual-misconduct-betsy-devos.html
5/6/20 NPR Tovia Smith
5/6/20 PBS News Hour
5/6/20 Politico Bianca Quilantan
5/6/20 Politico Bianca Quilantan/Juan Perez/Michael Stratford https://www.politico.com/news/2020/05/06/betsy-devos-sexual-misconduct-rule-schools-240131
5/6/20 Reason Robby Soave https://reason.com/2020/05/06/betsy-devos-title-ix-due-process-college-sexual-misconduct/
5/6/20 The Federalist Emily Jashinsky
5/6/20 The Guardian Adam Gabbatt https://www.theguardian.com/us-news/2020/may/06/betsy-devos-sexual-assault-title-ix-rules
5/6/20 The Hill Jonathan Easley
5/6/20 The Lantern (Ohio State) Sarah Szilagy
5/6/20 The Michigan Daily Francesca Duong https://www.michigandaily.com/section/higher-education/betsy-devos-title-ix
5/6/20 University of Wisconsin-Madison Chancellor Rebecca Blank https://news.wisc.edu/message-from-chancellor-blank-on-new-title-ix-rules/
5/6/20 UPI Clyde Hughes
5/6/20 US News & World Report Lauren Camera
5/6/20 Vanderbilt University Princine Lewis
5/6/20 Vox Anna North https://www.vox.com/2020/5/6/21203255/new-title-ix-rules-campus-sexual-assault-betsy-devos
5/6/20 Wall Street Journal Robert Shibley https://www.wsj.com/articles/a-victory-for-campus-justice-11588806738
5/6/20 Washington Examiner Tiana Lowe
5/6/20 Washington Times Valerie Richardson https://www.washingtontimes.com/news/2020/may/6/betsy-devos-moves-end-obama-era-kangaroo-courts-pr/
5/6/20 WILX TV Rachel Sweet https://www.wilx.com/content/news/-New-Title-IX-regulations–570261591.html
5/6/20 Trump-Pence Campaign
5/5/20 Reason Robby Soave https://reason.com/2020/05/05/joe-biden-tara-reade-title-ix-rape-accusation/
5/5/20 Washington Post Laura Meckler
Categories
Title IX Uncategorized

State appeals court reverses ruling in Matt Boermeester’s USC expulsion case

https://www.latimes.com/sports/story/2020-05-28/appeals-court-overturns-expulsion-usc-kicker-matt-boermeester

State appeals court reverses ruling in Matt Boermeester’s USC expulsion case

(Rick Scuteri / Associated Press)

By RYAN KARTJESTAFF WRITER

MAY 28, 2020   7:17 PM

The California Court of Appeals reversed a ruling against former USC kicker Matt Boermeester, who sued the university after a Title IX investigation into intimate partner violence led to his 2017 expulsion.

The court concluded Thursday that the disciplinary procedures used by USC in its investigation of Boermeester “were unfair because they denied Boermeester a meaningful opportunity to cross-examine critical witnesses at an in-person hearing.”

Those limitations, the court wrote, “prevented Boermeester from fully presenting his defense, which was that the eyewitnesses misunderstood what happened between him and [his girlfriend] on January 21, 2017.”

The case will now be remanded to the superior court, with instructions to “afford Boermeester the opportunity to directly or indirectly cross-examine witnesses at an in-person hearing.”

The reversal comes nearly three years after a Los Angeles County Superior Court judge barred Boermeester from enrolling in classes or stepping foot on USC’s campus. At the time, the case was cited as an example by Education Secretary Betsy Devos of a “failed system” for dealing with sexual assault on college campuses.

This month, Devos announced sweeping new rules governing how universities handle allegations of sexual assault. The rules force universities to adhere to a judicial process for investigating Title IX complaints, in which the accused is allowed the right to cross-examine accusers.

USC expelled Boermeester in July 2017 following an incident in which two students observed him put his hands around his girlfriend’s neck and push her against a wall. Boermeester contended, at the time, that the couple was “horsing around.”

Zoe Katz, his girlfriend, initially confirmed those allegations to investigators. But in a statement two months prior to the superior court’s decision, Katz decried the university’s investigation, proclaiming that her statements to Title IX investigators had been “misrepresented, misquoted, and taken out of context.”

“I made it very clear to USC that I have never been abused, assaulted or otherwise mistreated by Matthew Boemeester; not on January 21, 2017, and not ever,” Katz wrote in a statement at the time.

Boermeester, who kicked a field goal on the final play of the game to defeat Penn State 52-49 in the 2017 Rose Bowl, petitioned to return to the school in 2018, but was denied.