Category: Campus

Contact: Gina Lauterio

Email: info@saveservices.org

Sexual Assault Ruling at UCSD Could Ripple Across U.S.

WASHINGTON / July 23, 2015 – A recent judicial ruling in favor of a California student accused of sexual assault could have an impact on colleges and universities across the country. The ruling could have “tremendous pervasive influence on other courts,” according to University of Pennsylvania professor Amy Wax.

The ruling involved two University of California–San Diego students who met at a party and later engaged in two sexual encounters. The complainant admitted the second encounter was consensual, but claimed the first was not.

In his decision, Superior Court Judge Joel Pressman concluded, “Ms. Roe admitted that she voluntarily continued consensual sexual activity with Mr. Doe later that very same day…The sequence of events do not demonstrate non-consensual behavior.”

Concluding “the hearing against petitioner was unfair,” Judge Pressman also found serious procedural flaws in the university’s handling of the case. First, the campus tribunal allowed “only nine of [the accused’s] thirty-two questions” to be posed to the woman. Second, the complainant was “placed behind a barrier during the proceedings” which tended to remove the presumption of innocence. Third, an appeal of the campus committee’s decision resulted in the imposition of even stronger sanctions, an action the judge deemed to be unfairly “punitive.”

“Campus sexual assault is a serious problem that calls for a criminal justice response,” notes SAVE spokesperson Sheryle Hutter. “Reducing sexual assault to a dispute over nuanced interpretations of sexual consent does a profound disservice to victims of a violent sexual attack.”

Judge Pressman’s ruling can be read here: http://documents.latimes.com/uc-san-diego-sex-assault-case-ruling-doe-vs-regents-uc-san-diego/

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Email: info@saveservices.org

Affirmative Consent Policies Eliminate the Presumption of Innocence, Critics Charge

WASHINGTON / July 14, 2015 – Following recent passage of a law in New York on campus sexual assault, Affirmative Consent policies are coming under fire from civil rights and legal experts. The New York law will require that “clear affirmative agreement” be expressed before any sexual activity occurs between two students.

Robert Shibley of the Foundation for Individual Rights in Education, a civil liberties group, notes that Affirmative Consent policies serve to promote a “guilty until proven innocent” mindset.

In her June 27 column, New York Times contributing writer Judith Shulevitz decried the notion of making “sex a crime under conditions of poor communication.” Her article quoted Harvard law professor Jeannie Suk who chided Affirmative consent as an “unworkable standard.”

In her July 1 column, ‘Affirmative Consent’ Will Make Rape Laws Worse, Megan McArdle charges Affirmative Consent will make it more difficult to prosecute an offender because predators can “always insist they got that affirmative consent.

Fox News anchor Megyn Kelly openly ridiculed the New York law in her July 9 broadcast: “But it has gotten to the point of ridiculousness. Verbal consent, every step of the way?” Kelly also deplored how Affirmative Consent policies “almost entirely eliminate the rights of men.

The Community of the Wrongly Accused website noted that a determination of consent cannot be based on the after-the-fact feelings of the accuser. “Such a standard not only is grossly unjust and unconstitutional, it doesn’t work,” the July 8 editorial notes

Constitutional attorney Hans Bader has warned of persons who use affirmative consent to “seek even more power over people’s private lives.

“‘No-means-no’ has long been the accepted standard for sexual consent,” notes SAVE spokesperson Sheryle Hutter. “But now campus zealots are trying to destroy basic notions of fairness in a rush to outlaw 99% of sex acts.”

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Email: info@saveservices.org

Revelations of Campus ‘Inquisition’ Stir Outrage

WASHINGTON / June 2, 2015 – A recent article by a Northwestern University professor about flawed campus sexual assault policies has triggered sharp criticism and calls for reform. Professor Laura Kipnis detailed how campus policies designed to address sexual assault have deprived the accused of their due process rights. Titled “My Title IX Inquisition,” the editorial was published in the May 29 edition of the Chronicle of Higher Education.

Kipnis had published an article in February criticizing Title IX procedures, which she described as overly-intrusive and unfair. Title IX is the federal law that bans sex discrimination on college campuses.

Her article resulted in two student complaints alleging Title IX violations. Northwestern University investigators then refused to inform Kipnis of the exact nature of the allegations, denied her legal representation, and did not allow her to record conversations with investigators.

Over 10 critiques by liberal and conservative commentators have been published in the past week: http://taxprof.typepad.com/taxprof_blog/2015/06/my-title-ix-.html

Liberal-feminist site Jezebel charged, “Title IX has gone from a law designed to protect college students from sexual misconduct and discrimination to a means by which professors are put on trial for their tweets.” http://jezebel.com/feminist-students-protest-feminist-prof-for-writing-abo-1707714321

An Independent Women’s Forum essayist asked, “I don’t understand why Northwestern pursued this bogus ‘retaliatory behavior’ complaint in the first place.” http://www.iwf.org/blog/2797302/Laura-Kipnis-Gets-Cleared–Just-Barely–in-Title-IX-Investigation-of-Her-Supposed-Sexual-Harassment#sthash.JnC3jmGP.dpuf

“Thanks to the Department of Education policies, even the most absurd accusations can now result in a full-bore investigation,” notes SAVE spokesperson Sheryle Hutter. “Lawmakers need to act now to restore due process on campus and bring an end to policies that micro-manage the most intimate sexual activities.”

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Email: info@saveservices.org

New UVA Sex Policy Is ‘Illogical and Hysterical,’ Will Do Nothing to Stop Rape, SAVE Charges

WASHINGTON / April 27, 2015 – The University of Virginia (UVA) has adopted a new Interim Policy on sexual misconduct that dramatically expands the definition of sexual misconduct to include any type of sexual contact. The policy also imposes an “affirmative consent” requirement, warning that “Relying solely on non-verbal communication before or during sexual activity… may result in a violation of this Policy.” SAVE believes the policy will do nothing to deter forcible rape, and is likely to serve to trivialize the problem.

According to the new policy, any intentional touching of intimate body areas, whether clothed or unclothed, must be preceded by specific words or actions indicating consent. Under this definition, a simple hug or close dancing could be construed as sexual assault punishable by expulsion, SAVE notes.

Constitutional scholar Hans Bader has criticized the new UVA policy as “an outrageous violation of students’ privacy rights.” http://libertyunyielding.com/2015/04/09/hugs-are-now-sexual-assault-at-the-university-of-virginia/

SAVE highlights the fact that the new policy likely would not have helped to prevent the recent rape of Hannah Graham. The former UVA student was abducted on September 13, 2014. One month later, human remains believed to have come from her body were found at an rural location.

The murder suspect, Jesse Matthew, had been accused of sexual assault at two separate Virginia colleges he had attended as a student. But a criminal case was not brought against the man in either incident.

“The new UVA policy represents a response to the so-called campus ‘rape-culture’ that is illogical and hysterical,” notes SAVE spokesperson Sheryl Hutter. “University of Virginia administrators should be working to involve local law enforcement in these cases, not mandating an illusory affirmative consent standard,.”

Relevant excerpts of the UVA policy can be seen in the attachment to this press release. The entire policy can be viewed here: http://vpsa.virginia.edu/sites/vpsa.virginia.edu/files/Title%20IX%20VAWA%20Umbrella%20Policy.pdf

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio
Email: info@saveservices.org

Lawmakers Need to Restore Presumption of Innocence in Campus Sex Cases to Avoid ‘Frightening Consequences’

WASHINGTON / April 9, 2015 – Following release of a report detailing the many mistakes of a Rolling Stone article that had alleged a gang-rape at a University of Virginia fraternity, SAVE is now calling on legislators and campus administrators to engage in reasoned debate on the campus sexual assault issue to restore due process and the presumption of innocence.

Commentators have noted how Rolling Stone reporter Sabrina Erdley approached the topic with a pre-conceived narrative. By her own admission, Erdley set out to locate a case that would reveal “what it’s like to be on campus now…where not only is rape so prevalent but also that there’s this pervasive culture of sexual harassment/rape culture.”

These pre-conceptions may have lulled Erdley into accepting the uncorroborated claims of self-identified rape victim “Jackie” as truthful. Erdley envisioned her article would pressure campus administrators to institute policies to curb campus rape that serve to reduce due process protections.

Commentators on all points of the political spectrum have voiced concerns about the loss of the presumption of innocence for students accused of sexual assault: http://www.saveservices.org/sexual-assault/editorials/2015-2/

In response to a call for the intentional use of false convictions to curb campus sexual assault, for example, liberal editorialist Jonathan Chait charged, “This is a conception of justice totally removed from the liberal tradition.”

And conservative editorialist Robert Tracinski recently denounced how UVA president Theresa Sullivan “acted with a presumption of guilt against her own university and its students.”

“The presumption of innocence has long been a bulwark of American law,” notes SAVE spokeswoman Sheryle Hutter. “Any infringement on the presumption marks a worrisome trend to authoritarianism in our society with frightening consequences.”

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Panelists Call for End to Second-Class Justice in Campus Sex Cases

WASHINGTON / March 18, 2015 – Panelists at a recent media briefing called for major changes to the federally mandated system of campus disciplinary committees, which are now required to hear all allegations of campus sexual assault. The six presentations were made during a March 13 briefing held at the National Press Club in Washington, D.C.

In her opening statement, national columnist Cathy Young criticized media accounts for failing to report both sides of campus rape allegations.

George Washington University Law School professor John Banzhaf argued that administrators at state universities are at risk of being sued for giving short shrift to fundamental due process protections from the accused.

New York City lawyer Susan Kapan deplored the “if she’s crying, she’s not lying” standard of proof currently employed by some campus tribunals.

Constitutional attorney Hans Bader revealed how recent federal mandates have created financial incentives for colleges to expel the accused, rather than to seek justice.

Representing Families Advocating for Campus Equality, Cynthia Garrett noted how affirmative consent policies are inherently biased against the man because they presume male initiation of all sexual encounters.

And former Auburn University student Joshua Strange revealed how the campus proceeding he faced was so biased that the decision to expel was evident even at the very beginning.

“Persons accused of rape deserve to receive due process protections, and victims deserve the full resources of the criminal justice system,” notes SAVE spokesperson Sheryl Hutter. “Anything less represents a deplorable case of second-class justice.”

The presentations are available in high-quality broadcast format: https://youtu.be/uERIh6DkAb0

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio
Email: info@saveservices.org

‘Fundamentally Dishonest:’ Hunting Ground Movie Distorts the Truth and Shortchanges Victims, SAVE Charges

WASHINGTON / March 3, 2015 – SAVE, a national organization working to end sexual assault, is criticizing the recently released movie The Hunting Ground for presenting false statistics, offering a one-side portrayal of the problem, and failing to call for greater police involvement in campus sex cases.

Produced by CNN Films, The Hunting Ground purports to be a documentary. In fact, the movie contains numerous factual errors and omits essential perspectives. The film does not attempt to verify the accuracy or completeness of persons’ accounts.

The film makes the claim that 20% of college women are sexually assaulted, even though the U.S. Department of Justice reports a woman’s risk is under one percent each year: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5176

The movie misleadingly states that “more than 35 other schools all declined to be interviewed for this film,” when in fact two college presidents agreed to conduct interviews: https://www.insidehighered.com/news/2015/01/29/new-documentary-suggests-incorrectly-no-college-leaders-would-sit-camera-interviews

The film does not interview any men accused of rape, does not mention any of the widely publicized examples of false rape allegations, and neglects to highlight the growing number of lawsuits filed against universities charging wrongful expulsion.

The Hunting Ground makes no mention of the recent Rolling Stone/UVA story, widely viewed as an example of advocacy journalism based on implausible and unsubstantiated allegations.

Although the movie highlights how universities are doing a poor job handling sexual assault cases, the producers do not take the logical step of calling for greater involvement of criminal justice authorities. This omission leaves victims attempting to secure justice at the hands of ill-equipped campus committees, SAVE says.

“The Hunting Ground presents bogus statistics, presents only one side of the story, and is designed to play on viewers’ emotions,” notes SAVE spokeswoman Sheryl Hutter. “That’s fundamentally dishonest.”

SAVE has produced a 4-minute video, The Hunting Ground: Assaulting the Truth? which can be viewed here: https://www.youtube.com/watch?feature=player_embedded&v=9MBGMlpc4KE

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Email: info@saveservices.org

‘One in Five, It’s a Lie:’ SAVE Launches Campaign to Restore Truth to Sexual Assault Debate

WASHINGTON / January 7, 2015 – Stop Abusive and Violent Environments is today launching a national campaign to expose common myths and false claims about campus sexual assault. The 12 myths, along with the factual information, can be viewed here: http://www.saveservices.org/sexual-assault/myths/

One of the most common is the “one in five” myth, the claim that one-fifth of college women experience sexual assault. But a recent Department of Justice report concluded the actual risk is 2.4% over the four-year college period.

Other myths include:

1. Only 2-8% of Rape Allegations are False
2. Our Nation Endorses a “Rape Culture”
3. Encouraging Women to Follow Common-Sense Rape Prevention Measures is “Blaming the Victim”

SAVE believes these myths, and the concerns they engendered, contributed to a cultural milieu in which the UVA-Rolling Stone magazine debacle took place last month.

“Campus activists have systematically distorted the truth to promote ineffective policies and remove the presumption of innocence from the accused,” according to SAVE spokesperson Sheryle Hutter. “There is no ‘rape culture’ in American society, but these myths have served to promote a culture of ‘rape panic’ on college campuses.”

SAVE has drafted a bill that would require campus sexual assault cases be handled by local law enforcement authorities, not untrained campus disciplinary panels: http://www.saveservices.org/sexual-assault/sos/

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/