Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org
Blissfully Unaware of the Constitution, Kansas City Star Endorses ‘Kangaroo Court’ Justice
WASHINGTON / February 5, 2019 – A commentary by the Kansas City Star Editorial Board criticizes a campus due process bill recently introduced in the Missouri legislature. https://www.postbulletin.com/opinion/other_views/editorial-missouri-legislation-would-gut-title-ix-and-use-it/article_8064cc39-b882-5d09-b163-3f268b661467.html The sharply worded editorial reveals a misunderstanding of the meaning of due process, and suggests the Editorial Board may not be familiar with key provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution.
The Fourteenth Amendment states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law…” Courts have interpreted a “property” interest to include the loss of educational opportunities due to a suspension or expulsion from an institution of higher education.
SB 259 and HB 573 would require that “Any institution of higher education that handles formal Title IX complaints shall adopt grievance procedures that provide for a prompt and equitable resolution….” It is difficult to understand why the Star Editorial Board would object to such a provision.
To date, appellate judges around the country have issued rulings against Boston College, Claremont McKenna College, SUNY at Plattsburgh, Tulane University, University of California, University of Cincinnati, University of Miami, University of Southern California, and Washington State University calling for hearing procedures similar to those outlined in the Missouri bills in question.
The House version, HB 573, would allow for cross-examination between the parties. Again, appellate judges have issued numerous decisions calling for cross-examination. http://www.saveservices.org/wp-content/uploads/Appellate-Court-Cases-Report.pdf Cross-examination benefits both accusers and the accused, so why would the Star Editorial Board be opposed to a procedure so fundamental to fairness?
The Editorial Board commentary is characterized by inflammatory language (“gut Title IX”), unsupported claims, and statements that are facially false, such as “the accused would become a protected class.”
Last year, District Court judge Brian Wimes ruled against the University of Missouri after one of its investigators told the accused student, an African-American graduate student, that he “looked like someone who might commit sexual assault.” https://kcjohnson.files.wordpress.com/2018/07/rowles-v-mizzou-order-on-mtd.pdf
This is the type of “Kangaroo Court” justice that SB 259 and HB 573 seek to avoid.
Stop Abusive and Violent Environments is working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org