Category: Campus

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

Campus DED Sexual Assault Directive Due Process Office for Civil Rights Press Release

PR: Universities Face Major Changes in Title IX Landscape as Administrators Prepare for Fall Semester

Post author By saveadmin
Post date August 14, 2017

Contact: Christopher Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Universities Face Major Changes in Title IX Landscape as Administrators Prepare for Fall Semester

WASHINGTON / August 14, 2017 – Last week the University of Georgia Board of Regents approved wide-ranging changes in the sexual assault policies at the campuses it oversees. The revisions were designed to strengthen oversight, assure a consistent process for all cases, and place more emphasis on prevention and education (1). The changes were made in response to developments in the Title IX landscape that are occurring across the nation.

Stop Abusive and Violent Environments (SAVE) has identified eight shifts in the policy landscape that have emerged in the past 12 months. SAVE invites administrators to review these developments and make necessary updates to campus policies:

State legislation. Responding to reports of unconstitutional practices on campuses, state lawmakers have introduced 22 bills designed to restore free speech or due process protections to college students. To date, eight of these bills have been passed into law in Colorado, Nevada, North Carolina, North Dakota, Tennessee, Utah, Vermont, and Virginia (2).

Liability risks. The number of lawsuits by accused students is on the rise. Since 2013, judges have issued rulings on 55 lawsuits filed against universities that were at least partly favorable to the accused student (3). Last week it was reported that an average of $187,000 is spent per case filed by accused students (4).

“Victim-centered” investigations. Investigations based on the “always believe the victim” model are often implicated in lawsuits by accused students against universities. An analysis of these lawsuits concluded that “victim-centered” approaches “are inconsistent with the most basic notions of fairness, repudiate the presumption of innocence, and are likely to lead to wrongful determinations of guilt.” (5)

OCR complaints by identified victims. Following issuance of the Dear Colleague Letter in 2011, thousands of identified victims have filed complaints with the Office for Civil Rights alleging mistreatment by campus officials. Some identified victims claimed their experience with the campus adjudication process was more traumatic than the original assault (6).

Administrator concerns. John McCardell, Vice Chancellor of the University of the South at Sewanee, Tennessee, recently charged the OCR’s Dear Colleague Letter has “imposed on entities ill-trained or equipped for the task, a quasi-judicial role, with the implication that ‘justice,’ however defined, can be satisfactorily rendered through processes that cannot possibly replicate a genuine legal proceeding.” (7) An Inside Higher Ed article on the annual meeting of the National Association of College and University Attorneys reported, “Many college and university officials felt overregulated by the Obama administration, and have expressed interest in seeing that oversight eased.” (8)

OCR investigations. In June, the Office for Civil Rights announced that it will narrow its investigational approach to focus only on the specific allegations of the complaint, not on cases that have been previously resolved by the college (9).

Expert reports. Five independent reports have recently called for an overhaul of the campus adjudication system (10):

American College of Trial Lawyers: Position Statement Regarding Campus Sexual Assault Investigations
SAVE: Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade
NCHERM Group: Due Process and the Sex Police
American Bar Association Task Force for Promoting Fairness in Campus Sexual Misconduct Cases
Heritage Foundation: Campus Sexual Assault: Understanding the Problem and How to Fix It

Editorial criticisms. Thus far in 2017, over 300 editorials have been published at various newspapers and internet sites criticizing the recurring due process violations on campuses (11).

Citations:

SAVE (Stop Abusive and Violent Environments) is working to restore free speech and due process on college campuses: www.saveservices.org

Campus Sexual Assault

PR: Dept. of Education Invites Recommendations on Regulatory Reform:

Post author By saveadmin
Post date August 2, 2017

Contact: Christopher Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

U.S. Dept. of Education Invites Recommendations on Regulatory Reform:

SAVE Urges Persons to Comment on Unlawful Sexual Violence Directives

WASHINGTON / August 2, 2017 – The Department of Education has issued an invitation to persons to submit comments on federal regulations that are deemed to be unnecessary or ineffective, or impose costs that exceed the benefits. The solicitation was issued pursuant to Executive Order 13777, Enforcing the Regulatory Reform Agenda.

SAVE invites state lawmakers and others to submit comments urging the Department of Education to rescind its 2011 Dear Colleague Letter on Sexual Violence — https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html — and its subsequent Questions and Answers on Title IX and Sexual Violence — https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf .

Even though the Letter and Q and A policy documents were never submitted for public review and comment, this unlawful federal policy has been enforced by the federal government as binding law, in violation of the Administrative Procedure Act.

The 2011 Dear Colleague Letter has been sharply criticized by law professors, civil liberties organizations, and others for trivializing the problem of campus rape, shortchanging sexual assault victims, and curtailing due process rights of the accused: http://www.saveservices.org/sexual-assault/ocr/

In recent months, five organizations have issued independent reports calling for an overhaul of the campus adjudication system: http://www.saveservices.org/sexual-assault/ocr/

SAVE: Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade
American College of Trial Lawyers: Position Statement Regarding Campus Sexual Assault Investigations
NCHERM Group: Due Process and the Sex Police
American Bar Association Task Force for Promoting Fairness in Campus Sexual Misconduct Cases
Heritage Foundation: Campus Sexual Assault: Understanding the Problem and How to Fix It

The deadline for submission of comments is August 21, 2017. To submit a comment, go to: https://www.regulations.gov/comment?D=ED-2017-OS-0074-0001 Additional information is available here: https://www.regulations.gov/document?D=ED-2017-OS-0074-0001

SAVE (Stop Abusive and Violent Environments) is working to restore free speech and due process on college campuses: www.saveservices.org

Campus

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

Post author By saveadmin
Post date July 5, 2017

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

Campus Sexual Assault

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

Post author By saveadmin
Post date May 31, 2017

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

Campus Sexual Assault

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

Post author By saveadmin
Post date May 1, 2017

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:

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.
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:

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)
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:

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

Campus Sexual Assault

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

Post author By saveadmin
Post date April 24, 2017

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:

American College of Trial Lawyers: Position Statement Regarding Campus Sexual Assault Investigations: https://www.actl.com/library/white-paper-campus-sexual-assault-investigations
SAVE: Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade: http://www.saveservices.org/reports/
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