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PR: SAVE Commends American Bar Association Task Force for Promoting Fairness in Campus Sexual Misconduct Cases

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

SAVE Commends American Bar Association Task Force for
Promoting Fairness in Campus Sexual Misconduct Cases

WASHINGTON / July 5, 2017 – An American Bar Association (ABA) Task Force has concluded that colleges and universities should use a more balanced and objective approach in campus sexual assault cases.  Schools must “fully and fairly investigate both sides of the story and then provide an impartial forum for determining what occurred.” The Report, issued by the ABA Criminal Justice Section Task Force on College Due Process Rights and Victim Protections, was drafted amid growing controversies over current campus sexual assault policies.

In the six years since its release, considerable confusion and debate has arisen from the Department of Education’s Office for Civil Rights 2011 Dear Colleague Letter, causing institutional policies to vary widely and administrators to struggle to navigate the complexities of federal compliance.

To assist universities in developing the best approach, the ABA report provided specific recommendations that include:

  • Written notice provided to both parties before a formal investigation begins,
  • Opportunity for both parties to review investigation reports and respond to the final report,
  • Opportunity for parties to conduct ongoing questioning of witnesses through a hearing officer,
  • Requirement for unanimous verdicts by the hearing panel for a finding of responsibility,
  • Opportunity for both parties to file a limited appeal, and
  • Allowance for non-mediation alternatives, such as restorative justice.

Beyond the above-referenced recommendations, the ABA endorsed the adjudicatory model, in which a hearing is provided, rather than an investigatory model, where the final decision is based solely on the investigation report.  The Task Force explained that the adjudicatory model can “offset and potential for investigator bias.”  Further, the single investigator model “carries inherent structural fairness risks especially as it relates to cases in which suspension or expulsion are a possibility.”

The ABA report can be found here: http://www.abajournal.com/news/article/aba_task_force_recommends_due_process_protections_in_campus_sexual_assault.

The ABA report is the fourth report issued over the last several months from various organizations, all calling for more robust due process protections in campus sexual assault cases. The other organizations are the American College of Trial Lawyers, Stop Abusive and Violent Environments, and the NCHERM Group.

Along similar lines, the National Association of College and University Attorneys recently met at their annual meeting and discussed how to best protect institutions from the dramatic rise in due process lawsuits since 2011. The college lawyers concluded that schools must ensure a “scrupulous, yet simple, process” that treats both the accuser and the accused fairly: http://www.chronicle.com/article/College-Lawyers-Say-Title-IX/240441

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

Categories
Campus Sexual Assault

Proposed CA Bill Would Shortchange Sexual Assault Victims and the Accused: SAVE

Contact: Stephen Coleman

Telephone: 301-801-0608

Email: scoleman@saveservices.org

Proposed CA Bill Would Shortchange Sexual Assault Victims and the Accused: SAVE

WASHINGTON / May 31, 2017 – Stop Abusive and Violent Environments, a leading national organization working to end campus sexual assault, is calling on California legislators to oppose SB-169, citing a recent report that shows current campus policies are shortchanging identified victims and accused students alike.

The SAVE report, “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” details numerous cases of identified victims harmed by campus officials who allegedly failed to conduct a thorough investigation or to impose appropriate sanctions. In some cases, identified victims claim campus officials have discouraged the reporting of their assaults.

The problem can be traced back to 2011, when the U.S. Department of Education released a controversial guideline mandating that all allegations of campus sexual assault be handled by disciplinary committees. This had the effect of sidelining criminal justice authorities.

Against this background, the California legislature is currently considering SB-169, a bill that seeks to turn the problematic federal policy into state law. The bill states: “It is critical for California to implement the federal regulations issued by the United States Department of Education’s Office of Civil Rights on April 4, 2011.”

Accused students are being mistreated, as well. Numerous lawsuits alleging lack of due process have been filed against California universities. In one recent decision, a judge ruled that San Diego State University violated the accused student’s Title IX rights sufficiently to “shock the Court’s conscience.”

A recent survey of California voters found 68.5% of respondents believe police, not colleges, should be responsible for investigating allegations of campus sexual assault, and 89.1% want the criminal justice system to make determinations of innocence or guilt.

SAVE believes SB-169 betrays both identified victims and accused students, while marginalizing the role of the criminal justice system. Instead, SAVE recommends consideration of the Campus Equality, Fairness, and Transparency Act.

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

Categories
Campus Sexual Assault

PR: States Get ‘Green Light’ to Reassert Control Over Higher Education Policies

Contact: Stephen Coleman

Telephone: 301-801-0608

Email: scoleman@saveservices.org

States Get ‘Green Light’ to Reassert Control Over Higher Education Policies

WASHINGTON / May 1, 2017 – A recent White House Executive Order instructs the Department of Education to implement sweeping changes in order to “protect and preserve State and local control” over the “administration and personnel” of all federally supported schools, including universities and colleges (1). The Order represents a dramatic departure from the command-and-control approach that the federal agency utilized under previous Administrations.

The Executive Order is expected to have wide-ranging effects, including on the numerous Department of Education Dear Colleague Letters that condition federal funding on compliance with its interpretations of the Title IX law, originally enacted in 1972 to end sex discrimination.

Many of these directives relate to campus sexual assault policies and programs:

  1. On April 4, 2011, the Department issued a Dear Colleague Letter on sexual violence that mandated all allegations of campus sexual assault be investigated and adjudicated by campus disciplinary committees.
  2. On April 24, 2015, the Department issued a directive stating that all school schools “must designate at least one employee to coordinate their efforts to comply with and carry out their responsibilities under Title IX.” (2)

The Executive Order draws its authority from earlier laws:

  1. The Department of Education Organization Act of 1979 states that the Department of Education is not authorized to exercise any “control” over the “administration or personnel of any educational institution.” (Section 103) (3)
  2. The General Education Provisions Act of 1979 uses even stronger language, enunciating a “Prohibition Against Federal Control of Education” (Section 438) (4)

The Executive Order instructs the Department of Education to “withdraw or modify any guidance documents pursuant to this subsection” within 300 days.

Citations:

  1. https://www.whitehouse.gov/the-press-office/2017/04/26/presidential-executive-order-enforcing-statutory-prohibitions-federal
  2. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf
  3. https://legcounsel.house.gov/Comps/Department%20Of%20Education%20Organization%20Act.pdf
  4. https://legcounsel.house.gov/Comps/General%20Education%20Provisions%20Act.pdf

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

Categories
Campus Sexual Assault

PR: Mending a Flawed System: SAVE Announces Teleconference on ‘Campus Sexual Assault’

Contact: Stephen Coleman

Telephone: 301-801-0608

Email: scoleman@saveservices.org

Mending a Flawed System: SAVE Announces Teleconference on ‘Campus Sexual Assault:

Reforming the Campus Adjudication System’ – Friday, April 28, 1:00pm ET

WASHINGTON / April 24, 2017 – Following the recent release of three independent reports calling for widescale reforms how colleges should handle sexual assault cases, SAVE is announcing an upcoming teleconference on Reforming the Campus Adjudication System. All three reports document how the current system of campus disciplinary committees is shortchanging identified victims and accused students, thus placing college administrators in an untenable situation.

The teleconference will be held on Friday, April 28, 1:00 – 2:00pm Eastern time. The teleconference is available at no charge.

The teleconference will highlight the perspectives and recommendations from recent reports by the American College of Trial Lawyers, Stop Abusive and Violent Environments, and the NCHERM Group:

  1. American College of Trial Lawyers: Position Statement Regarding Campus Sexual Assault Investigations: https://www.actl.com/library/white-paper-campus-sexual-assault-investigations
  2. SAVE: Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade: http://www.saveservices.org/reports/
  3. NCHERM Group: Due Process and the Sex Police: https://www.ncherm.org/wordpress/wp-content/uploads/2017/04/TNG-Whitepaper-Final-Electronic-Version.pdf

The format will consist of a series of short presentations, followed by audience questions. The teleconference will be moderated by Cynthia Garrett, Esq.

The teleconference is open to state and federal lawmakers, media representatives, college administrators, and others.

To receive dial-in information, contact Steve Coleman: scoleman@saveservices.org

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

Categories
Campus Sexual Assault

PR: Campus Rape Tribunals are Shortchanging Victims: SAVE Urges Lawmakers to ‘Do Better’ Than SB.169

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Campus Rape Tribunals are Shortchanging Victims: SAVE Urges Lawmakers to ‘Do Better’ Than SB.169

WASHINGTON / April 18, 2017 – In 2011 the federal Office for Civil Rights issued a directive that served to minimize the role of law enforcement in campus sexual assault cases. Following release of this policy, the number of federal complaints against colleges by identified victims increased dramatically from 300 a year to over 2,000 annually.

Ironically, the California Senate is now considering a bill, SB. 169, that would turn this controversial federal policy into state law. SAVE urges lawmakers to reject SB. 169, an ill-advised bill that would solidify a dysfunctional campus system.

Campus sexual assault is a violent crime and it should be treated as such. SB.169 would fail to provide identified victims and the school community the justice that these cases deserve. Since the release of the federal directive, 25 higher education institutions in California have been investigated by the Office for Civil Rights for alleged mishandling of sexual misconduct cases, arising from 37 separate complaints made by identified victims: http://projects.chronicle.com/titleix/investigations/?search_term=&states=California&start=&end=

In addition, 20 lawsuits have been filed against California universities by accused students. These students have alleged lack of due process and numerous Title IX violations: https://titleixforall.knack.com

SAVE is submitting testimony to the California Senate’s Standing Committee on Education for its upcoming hearing. The letter urges lawmakers to devise a comprehensive response to campus sexual assault that supports complainants, protects the school community, and aims to reliably identify perpetrators using an objective and equitable procedure: http://www.saveservices.org/wp-content/uploads/CA-SB.169-Testimony-.pdf

If SB.169 is adopted in its current form, SAVE believes campus disciplinary systems will continue to stumble along with inferior resources, opaque procedures, and questionable results. A detailed critique of the SB.169 bill can be seen at http://www.saveservices.org/camp/sb-169-we-can-do-better/.

A 2016 survey of California residents revealed a strong voter preference for campus sexual assault cases to be investigated and resolved by the criminal justice system: http://www.saveservices.org/sexual-assault/opinion-polls/

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

Categories
Campus Press Release Sexual Assault Title IX

PR: SAVE Urges Massachusetts Lawmakers to End Campus Rape Tribunals

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

 

SAVE Urges Massachusetts Lawmakers to End Campus Rape Tribunals

 

WASHINGTON / April 10, 2017 – The current system of campus-based adjudications for sexual assault has turned out to be inefficient, unfair, and in some cases harmful, according to a report released by the non-profit group, Stop Abusive and Violent Environments. The report, “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” was issued on the six-year anniversary of the controversial “Dear Colleague Letter” on sexual violence, first issued by the Department of Education on April 4, 2011.

 

The “Dear Colleague Letter” has not led to respectful, fair, and prompt resolutions. Rather, complaints to the Office for Civil Rights and federal lawsuits that identify flawed campus procedures increased six-fold after the Department of Education letter was released.

 

The SAVE report identifies numerous cases in which identified victims of sexual assault claimed their colleges failed to appropriately investigate, adjudicate, and sanction their complaints. In one case, a female student charged that campus authorities at Harvard University showed “deliberate indifference” to her sexual assault claim. Her claim focused not only on the school’s initial response, but also on the University’s failure to respond “to her multiple reports that she was subjected to continuous, retaliatory harassment by [John] Doe and his friends.”

 

Numerous accused students have filed federal lawsuits as well. In one recent case, a judge criticized Brandeis University for “appear[ing] to have substantially impaired, if not eliminated, an accused student’s right to a fair and impartial process.” Among the 51 known lawsuits filed by accused students since 2012, a majority of the rulings from federal judges have been decided at least partly in favor of the expelled student.

 

The Massachusetts legislature is currently considering S.706 and H.632 which would codify many provisions of the “Dear Colleague Letter.” Instead, SAVE urges the enactment of the Campus Equality, Fairness, and Transparency Act. CEFTA aims to protect all students by encouraging the referral of campus rape cases to law enforcement officials and providing due process: http://www.saveservices.org/sexual-assault/cefta/.

 

Identified victims and accused students share a common, over-riding interest in assuring the investigative and adjudicatory process is conducted in a respectful, prompt, and fair manner in order to reach reliable outcomes.

 

The SAVE report can be viewed here: http://www.saveservices.org/reports/.

 

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

Categories
Campus Office for Civil Rights Sexual Assault

PR: Six-Year Experiment in Campus Sex Jurisprudence Found to Be a Failure: Report

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

 

Six-Year Experiment in Campus Sex Jurisprudence Found to Be a Failure: Report

WASHINGTON / April 4, 2017 – The current system of campus-based adjudications for sexual assault has turned out to be inefficient, unfair, and in some cases harmful, according to a report released today by the non-profit group, Stop Abusive and Violent Environments. The report, “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” is being issued on the six-year anniversary of the controversial “Dear Colleague Letter” on sexual violence, first issued by the Department of Education on April 4, 2011.

The SAVE report identifies numerous cases in which identified victims of sexual assault claimed their colleges failed to appropriately investigate, adjudicate, and sanction their complaints. In one case, a female student charged that campus police at Old Dominion University detained her for eight hours, preventing her from seeking medical attention for the assault. In January, she filed a lawsuit against the university, requesting $75,000 in damages.

Many of these women’s cases have been reported to the federal Office for Civil Rights. The number of complaints has risen dramatically since 2013, leading to a growing backlog of investigations.

Male students have been wrongfully expelled based on false allegations of sexual assault, as well. Among the 51 lawsuits filed by accused students since 2012, a majority of judges have ruled at least partly in favor of the expelled student.

Some of the judges issued strongly worded critiques of the campus “Kangaroo Courts.” In one recent case, a judge ruled that the process at San Diego State University for adjudicating a sexual assault accusation was so biased that it was “enough to shock the Court’s conscience.”

Campus administrators have felt caught between shifting federal requirements and the reality of campus committees that lack the training, expertise, and resources to reliably adjudicate complex rape cases. Some colleges have spent millions of dollars in a sisyphean effort to comply with the federal requirements.

SAVE calls on the Department of Education to repeal its 2011 Dear Colleague Letter, which mandated that campus tribunals investigate and resolve rape allegations. Instead, SAVE urges the enactment of the Campus Equality, Fairness, and Transparency Act. CEFTA encourages the referral of campus rape cases to law enforcement officials and promotes due process: http://www.saveservices.org/sexual-assault/cefta/

The SAVE report can be viewed here: http://www.saveservices.org/reports/

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

Categories
Campus Sexual Assault

PR: Milestone ACTL Report Recasts Sex Assault Debate; SAVE Calls for End to Campus Kangaroo Courts

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Milestone ACTL Report Recasts Sex Assault Debate; SAVE Calls for End to Campus Kangaroo Courts

WASHINGTON / March 27, 2017 – The American College of Trial Lawyers has issued a watershed White Paper that highlights how the current system of campus rape tribunals shortchanges both victims and accused students, thereby undermining the goal of curbing campus rape. The report issues a bold indictment of the current federally mandated regime, charging, “Under the current system, everyone loses.” https://www.actl.com/library/white-paper-campus-sexual-assault-investigations

“Procedural justice can reduce recidivism and ensure sexual assault investigations are regarded with seriousness and respect,” the ACTL paper notes, “ending the backlash incurred by any public perception that these investigations serve only to railroad and scapegoat individual men.”

The ACTL statement further explains, “if alleged perpetrators are treated fairly, they are more likely to accept a decision of culpability.” Likewise, Harvard law professor Nancy Gertner has noted that “It takes only a few celebrated false accusations of rape to turn the clock back.”

The statement cites a case at Washington and Lee University in Virginia in which a student was persuaded to file a sexual assault claim after reading an article positing that “sexual assault occurs whenever a woman has consensual sex with a man and regrets it because she had internal reservations.” Such cases serve to invite public ridicule and undermine the effort to rid sexual assault from college campuses, SAVE believes.

The White Paper makes recommendations regarding the need for procedural due process; impartial investigations; the rights to counsel, access evidence, and notice of allegations; cross-examination; and the inadequacy of the preponderance of evidence standard.

“Under the current system everyone loses: accused students are deprived of fundamental fairness, complainants’ experiences are unintentionally eroded and undermined, and colleges and universities are trapped between the two,” the report concludes.

Stop Abusive and Violent Environments calls on the Office for Civil Rights to retract its unlawful campus sexual assault directives, and encourages the referral of felony-level allegations of rape to criminal justice experts: http://www.saveservices.org/sexual-assault/cefta/

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

Categories
Campus Sexual Assault

PR: Following Reports of Continued Abuses, SAVE Proposes Stronger Campus Sexual Assault Legislation

Contact: Jonathon Andrews

Telephone: 301-801-0608

Email: jandrews@saveservices.org

Following Reports of Continued Abuses, SAVE Proposes Stronger Campus Sexual Assault Legislation

WASHINGTON / February 27, 2017 – In the wake of ongoing reports of campus proceedings that shortchange sexual assault victims and the accused, SAVE is releasing a stronger version of its Campus Equality, Fairness, and Transparency Act. The revised bill enhances the involvement of local law enforcement agencies for allegations of sexual violence. The CEFTA bill also strengthens due process protections and the presumption of innocence for accused students.

The revised model bill follows last week’s revelations that the University of Alaska signed a settlement agreement with the federal Office for Civil Rights agreeing to reinvestigate 23 cases of alleged sexual assault. In many cases, the university did not provide complainants temporary relief, like classroom changes or new living situations while the cases were investigated (1).

The revised model bill also comes in the wake of a February 24 report of a California Superior Court judge who ruled the sexual assault resolution procedures at San Diego State University were so riddled with conflict-of-interest that they were “enough to shock the Court’s conscience.” The judge remanded the case back to the university (2).

SAVE’s revised model bill makes these and other changes:

  • Allegations of sexual violence will be referred to the appropriate law enforcement agency, if possible and with the consent of the complainant.
  • Institutions shall not be obligated to begin any disciplinary process that is not initiated at the request of the complainant.
  • The institution shall not investigate an allegation as long as the criminal proceeding is pending.
  • Institutions will use at least a “clear and convincing” standard when suspension or expulsion is a possible sanction.
  • Institutions will create a voluntary Alternative Dispute Resolution process.

The model bill is available on the SAVE website (3).

Numerous public opinion surveys show a strong majority of Americans favor the involvement of criminal justice officials in campus rape cases (4). SAVE is currently conducting a campaign to End Kangaroo Courts (5).

Citations:

  1. https://www.adn.com/alaska-news/education/2017/02/20/university-of-alaska-agrees-to-fix-problems-with-its-response-to-sexual-harassment-and-sexual-violence/?utm_content=bufferb492b&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer
  2. http://www.thecollegefix.com/post/31358/
  3. http://www.saveservices.org/sexual-assault/cefta/
  4. http://www.saveservices.org/sexual-assault/opinion-polls/
  5. http://www.saveservices.org/camp/kangaroo-courts/

 

SAVE – Stop Abusive and Violent Environments — is working for effective and fair solutions to campus sexual assault: www.saveservices.org 

Categories
Campus Sexual Assault

PR: ‘Kangaroo Courts’ on the Loose: SAVE Urges Lawmakers to End Campus Rape Tribunals

Contact: Jon Andrews

Telephone: 301-801-0608

Email: jandrews@saveservices.org

‘Kangaroo Courts’ on the Loose: SAVE Urges Lawmakers to End Campus Rape Tribunals

WASHINGTON / February 14, 2017 – Recent reports at Baylor, Stanford, and Tufts universities reveal campus disciplinary committees lack competent staff, adhere to flawed policies, and suffer from severe conflict of interest problems. As a result, sexual assault victims and accused students alike are being shortchanged.

In late January, lawsuits were filed by two former female students against Baylor University. The women charged school coaches were inappropriately involved in disciplinary and criminal matters for sexual assault cases, among other allegations. http://www.espn.com/college-football/story/_/id/18569197

Last week, the Editorial Board of the Stanford Review issued a strongly worded verdict on its college’s sexual assault policies: “At Stanford, we have seen firsthand what many students and faculty are recognizing nationally: the reforms have failed. Sexual assault investigations usually fail to secure both relief for victims and civil liberties for the accused.”   https://stanfordreview.org/dear-betsy-restore-justice-to-title-ix-c7c72df7616c#.kihodp3vw

On February 9, an exposé strongly critical of the Title IX policies at Tufts University was released. The report charged sexual assault investigators possessed far too much discretionary power and were not held to proper standards of impartiality. The report also revealed that Title IX training materials were being kept secret.  http://www.sa4s.org/single-post/2017/02/09/Tufts-University%E2%80%99s-Title-IX-Policies-Inadequately-Protect-Victims

Affirmative consent policies appear to have lost much of their appeal. Last year, 11 states considered affirmative consent bill, but only in Connecticut did lawmakers approve the bill. All the other states – Hawaii, Iowa, Maryland, Michigan, Minnesota, Missouri, New Jersey, North Carolina, Pennsylvania, and West Virginia – opted to not enact affirmative consent policies. http://www.saveservices.org/sexual-assault/affirmative-consent/

In Georgia, legislators are now considering a bill that would require the referral of all felony-level allegations of sexual assault to local law enforcement. Sponsored by Rep. Earl Ehrhart, the bill was approved by a key committee two weeks ago. http://watchdog.org/288049/due-process-bill-clears-first-hurdle-georgia/

SAVE has developed a model sexual assault bill titled the Campus Equality, Fairness, and Transparency Act that is designed to encourage the referral of allegations of criminal sexual offenses to criminal justice officials: http://www.saveservices.org/sexual-assault/cefta/

More information on the problems of campus rape adjudications is available here: http://www.saveservices.org/camp/kangaroo-courts/

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