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Campus Department of Education Free Speech Law Enforcement Office for Civil Rights Press Release Title IX Violence

Police Must Act Now to Stop Growing Wave of Violence by Transgender Activists  

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Police Must Act Now to Stop Growing Wave of Violence by Transgender Activists  

WASHINGTON / April 20, 2023 – Last June the Department of Education issued a proposal to expand the definition of “sex” to include “gender identity” (1), a move that served to strengthen and embolden the transgender rights movement. That same month, the Trans Resistance Network began to tweet a series of inflammatory messages, for example making the claim that “Disarming trans people is a preparation for genocide.” (2)

Not surprisingly, a growing number of incidents of harassment and free speech violations by transgender activists were seen during subsequent months. On March 9, for example, a group of activists at Stanford University repeatedly interrupted the comments of Judge Stuart Duncan, forcing him to curtail his presentation. Previously, Duncan had denied the request of Norman Varner, convicted of child exploitation, to change his sex and be referred to by a female name (3).

Some of these incidents escalated into credible threats of violence, or actual violence.

Best known is the shooting of three staff members and three students at Covenant School in Nashville on March 27. The shooter, Audrey Hale, self-identified as transgender (4).

The Nashville tragedy is one of numerous other violent incidents in the past six months. This number has escalated dramatically since early March:

  1. October 26, 2022, Tacoma, WA
  2. November 14, New York City
  3. February 28, 2023, Oklahoma City
  4. March 10, Sacramento
  5. March 29, Nashville
  6. March 29, Richmond, VA
  7. March 29, San Francisco
  8. March 31, Colorado Springs
  9. April 6, San Francisco State University

The most recent April 6 incident followed a talk by NCAA swimmer Riley Gaines, where she was chased down a hallway, repeatedly hit on the head, and forced to seek safety in a classroom for three hours (5).

In some cases, law enforcement took little action to halt the violence. SAVE calls on law enforcement and campus security personnel to act decisively to stop the wave of violence by transgender activists. SAVE also calls on lawmakers to support these efforts.

More information about these incidents is available on the SAVE website (6).

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://twitter.com/PicatinnyRailed/status/1641907904491167745
  3. https://www.dailymail.co.uk/news/article-11878559/Stanford-law-students-protest-judge-denied-transgender-pedophile-right-change-name.html
  4. https://www.foxnews.com/us/nashville-killer-audrey-hale-slept-with-journals-on-school-shootings-under-bed-court-docs-reveal
  5. https://www.dailymail.co.uk/news/article-11950063/RILEY-GAINES-hit-face-man-dressed-woman-speaking-against-trans-movement.html?fbclid=IwAR3sY7evWRjlay5z7v78AFDWbwEtzijeVfB6TlfnXUIFIsfJGp8vYDhslGY
  6. https://www.saveservices.org/2022-policy/transgender-violence/
Categories
Campus Department of Education Due Process Free Speech Law Enforcement Office for Civil Rights Sexual Assault Title IX

String of Transgender Incidents Reveal Threats of Biden Title IX Plan  

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

String of Transgender Incidents Reveal Threats of Biden Title IX Plan  

WASHINGTON / April 11, 2023 – Three recent incidents reveal the growing lawlessness of the national transgender movement. The newfound prominence of transgenderism can be traced to the Title IX proposal released last June by the Biden Department of Education (1). Following are the three incidents:

  1. March 9, Stanford University: Judge Stuart Duncan was invited to give a talk to students at the Stanford Law School. But a group of students with signs that read, “Trans Lives Matter” repeatedly interrupted his comments, forcing him to cut short his presentation.
    The students were protesting the fact that in 2015, Duncan had denied the request of Norman Varner, previously convicted of child exploitation, to change his sex and be referred to by a female name (2). Stanford University later issued an apology (3).
  2. March 27, Nashville: Armed with a rifle, pistol, and handgun, Audrey Hale rushed into Covenant School and fired 152 shots, killing three staff members and three students. Hale had self-identified as transgender (4).
  3. April 6, San Francisco State University: Former NCAA swimmer Riley Gaines gave a speech at the San Francisco State University to explain her opposition to the participation of biological males in women’s sports. In response, a group of activists began to frantically chant, “Trans rights are human rights.” The activists chased Riley down a hallway, assaulting her repeatedly and forcing her to seek safety in a room. To secure her release, the activists demanded that Riley pay each of them a $10 “ransom.” (5)

The recent surge of transgender activism can be traced back to June 23, 2022 when the Biden Department of Education released its proposed Title IX regulation, the federal law that was designed to curb sex discrimination in schools. The Biden regulation seeks to change the definition of “sex” to include “gender identity,” a change that would bolster the prominence of the transgender movement in America.

Recent developments reveal other serious defects with the Biden proposal (6):

  • Parental Rights: On March 24, the U.S. House of Representatives approved the Parents Bill of Rights, which would help protect against secretive school policies and overly-sexualized instructional content (7).
  • Due Process: Last week, a judge ruled against The College of New Jersey, citing a myriad of procedural irregularities and allowing its adjudicators to be influenced by external pressures to convict a student accused of sexual misconduct (8).
  • Free Speech: An article in the Washington Examiner revealed that a majority of U.S. universities have instituted anonymous “snitching” protocols for statements perceived to be biased (9).

To date, 210 organizational members of the Title IX Network have announced their opposition to the Biden Title IX plan (10).  We urge the Department of Education to immediately abandon its plan to release a new Title IX regulation.

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.dailymail.co.uk/news/article-11878559/Stanford-law-students-protest-judge-denied-transgender-pedophile-right-change-name.html
  3. https://law.stanford.edu/wp-content/uploads/2023/03/letter-from-Stanford.pdf
  4. https://www.foxnews.com/us/nashville-killer-audrey-hale-slept-with-journals-on-school-shootings-under-bed-court-docs-reveal
  5. https://www.dailymail.co.uk/news/article-11950063/RILEY-GAINES-hit-face-man-dressed-woman-speaking-against-trans-movement.html?fbclid=IwAR3sY7evWRjlay5z7v78AFDWbwEtzijeVfB6TlfnXUIFIsfJGp8vYDhslGY
  6. https://www.saveservices.org/2022-policy/network/
  7. https://thehill.com/homenews/house/3916114-house-republicans-pass-parents-bill-of-rights/
  8. https://twitter.com/kcjohnson9/status/1644081965530750976/photo/1
  9. https://www.washingtonexaminer.com/policy/education/majority-universities-snitching-protocols-bias-students
  10. https://www.saveservices.org/2022-Policy/
Categories
Bills Campus Department of Education Due Process Free Speech Investigations Office for Civil Rights

SAVE Commends Sen. John Kennedy for ‘Ensuring Fairness for Students Act’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

SAVE Commends Sen. John Kennedy for ‘Ensuring Fairness for Students Act’

WASHINGTON / April 4, 2023 – Senator John Kennedy of Louisiana recently introduced the Ensuring Fairness for Students Act, a bill that is designed to codify due process protections in campus Title IX proceedings. In introducing the bill, Kennedy charged the Biden White House is seeking to “roll back fair proceedings on school campuses by making students guilty until proven innocent.” (1)

The bill would provide for a number of due process protections, such as assure that both parties are provided written notice of the allegations, require objective evaluation of the evidence, uphold the presumption of innocence, eliminate conflict of interest, and allow cross-examination.

Just three days after the Kennedy bill was introduced, a news account revealed the deplorable state of Title IX procedures on many campuses (2). The report highlighted the case of a former University of Maryland student who had been accused of sexual misconduct. Even after he was cleared of the charge, two students undertook a campaign to accuse him of being a rapist, causing him to be kicked off the university’s lacrosse team. Saying the university Title IX office failed to intervene to stop the defamation campaign, the lawsuit is seeking over $1 million in damages.

A recent national survey conducted by FIRE found that (3):

  1. 72% of universities failed to provide timely notice of allegations to students accused of wrongdoing.
  2. 60% of schools do not assure the presumption of innocence.
  3. Only 15% of institutions guarantee that accusers and the accused could see the evidence being presented to fact-finders.

SAVE commends Senator Kennedy for introducing the bill, and encourages other members of Congress to take steps to support the bill’s prompt enactment into law.

The Ensuring Fairness for Students Act can be viewed online (4).

Links:

  1. kennedy.senate.gov
  2. https://wtop.com/maryland/2023/03/first-on-wtop-former-u-md-student-cleared-of-sex-assault-claims-sues-school-2-ex-members-of-campus-advocacy-group/
  3. https://www.thefire.org/sites/default/files/2022/11/due-process-report-2022-rev-1.pdf
  4. https://www.kennedy.senate.gov/public/_cache/files/f/6/f6d164a4-7449-4ba5-be39-3199894696c4/F428B98345D9FE8A4E7F174E71295D90.aeg22708.pdf
Categories
Campus Department of Education Due Process Free Speech Gender Agenda Gender Identity Office for Civil Rights Press Release Title IX

Republican Lawmakers Lead National Movement to Thwart the ‘Gender Agenda’

PRESS RELEASE

R. Stewart: 301-801-0608

Email: info@savesevices.org

Republican Lawmakers Lead National Movement to Thwart the ‘Gender Agenda’

WASHINGTON / March 8, 2023 – The “Gender Agenda” refers to the movement to promote gender transitioning, curtail parental rights, allow biological males to compete in women’s sports, curtail free speech, and diminish due process on college campuses. A major goal of the Gender Agenda is to overhaul the Title IX law to redefine sex to include “gender identity.”

Republican lawmakers across the country have been at the forefront of efforts to stop the Gender Agenda. Following is a listing of measures introduced thus far in Congress in 2023:

  1. Greg Steube: Protection of Women and Girls in Sports Act (H.R. 734) [1]
  2. Marjorie Taylor Greene: Protect Children’s Innocence Act (H.R. 8731) [2]
  3. Jeff Van Drew: My Choice, My Child Act of 2023 (H.R. 216) [3]
  4. Julia Letlow: Parents Bill of Rights (H.R.5) [4]
  5. Debbie Lesko: Parental Rights Amendment (H. J. Res 38) [5]
  6. Jim Banks: Protecting Minors from Medical Malpractice Act (H.R. 1276) [6]
  7. Tim Scott: PROTECT Kids Act (S. 200) [7]
  8. Tommy Tuberville: Protection of Women and Girls in Sports Act of 2023 (S. 613) [8]

In addition, Congressman Jim Banks is spearheading a new group called the House Anti-Woke Caucus, now with over 25 members [9.

The following state-level bills already have been enacted into law in 2023:

  1. Tennessee: SB 0001 – Prohibits minors from receiving puberty blockers, cross-sex hormones and transgender surgeries [10]
  2. Tennessee: HB 0009 – Outlaws drag shows in public spaces and restricts them to age-appropriate venues [11]
  3. South Dakota: Help Not Harm Act (HB 1080) – Prohibits certain medical and surgical interventions on minor patients [12]
  4. Mississippi: Regulate Experimental Adolescent Procedures (REAP) Act (H.B. 1125) – Forbids any person to “knowingly provide gender transition procedures to any person under eighteen years of age” or “engage in conduct that aids or abets” such procedures. [13]

To date, SAVE has identified 82 bills in 28 states, including proposals that address Parental Rights (36 bills), Gender Transitioning (29 bills), and Women’s Sports (16 bills).

At the recent Conservative Political Action Conference held near Washington DC, SAVE sponsored a booth titled, “Stop the Gender Agenda.” [14] At the booth, 377 individuals signed a petition to Stop the Gender Agenda. Signers included the Lieutenant Governor of a southern state, a woman who transitioned to the male sex and later de-transitioned to being female, and other persons from Spain, Peru, Austria, Norway, Sweden, and Japan.

Links:

  1. https://www.congress.gov/bill/118th-congress/house-bill/734?s=2&r=7
  2. https://www.congress.gov/bill/117th-congress/house-bill/8731/cosponsors
  3. https://www.congress.gov/bill/118th-congress/house-bill/216? q=%7B%22search%22%3A%5B%22Parents%22%5D%7D&s=2&r=6
  4. https://www.congress.gov/bill/118th-congress/house-bill/5
  5. https://www.congress.gov/bill/118th-congress/house-joint-resolution/38?s=1&r=67
  6. https://www.congress.gov/bill/118th-congress/house-bill/1276?s=3&r=1
  7. https://www.congress.gov/bill/118th-congress/senate-bill/200
  8. https://www.hydesmith.senate.gov/sites/default/files/2023-03/S613%20Protection%20of%20Women%20and%20Girls%20in%20Sports%20Act.pdf
  9. https://www.johnlocke.org/banks-emerges-as-leader-in-fight-against-the-woke/
  10. https://www.capitol.tn.gov/Bills/113/Amend/SA0008.pdf
  11. https://www.capitol.tn.gov/Bills/113/Amend/SA0002.pdf
  12. https://sdlegislature.gov/Session/Bill/24100/249156
  13. http://billstatus.ls.state.ms.us/2023/pdf/history/HB/HB1125.xml

14. https://www.saveservices.org/2022-policy/network/

Categories
Campus Department of Education Due Process Free Speech Office for Civil Rights Sexual Assault Sexual Harassment Title IX

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

WASHINGTON / January 18, 2023 – The Biden Administration has issued several policy documents that are designed to promote the so-called “gender agenda” (1). In particular, on June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (2).

In response, over 200 organizations (3), numerous state Attorneys General (4), and dozens of federal and state lawmakers (4) have spoken out in strong opposition to the draft regulation.

Since June 23, 2022, seven judicial decisions have been issued that thwart the Biden Administration’s attempts to expand the definition of “sex,” curtail free speech, and promote gender transitioning:

  1. State of Tennessee v. Department of Education, July 15, 2022: In response to a lawsuit by the Attorneys General of 20 states, the District Court for the Eastern District of Tennessee granted a Preliminary Injunction against the Department of Education, blocking the DOE from implementing Biden’s Executive Order No. 13988, “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” (5)
  2. Franciscan Alliance and Christian Medical and Dental Society v. Becerra, August 26, 2022: The Fifth Circuit Court of Appeals, located in New Orleans, unanimously ruled that doctors must be free to practice medicine without compulsion to perform gender-transition procedures. (6)
  3. Speech First v. Alexander Cartwright, September 23, 2022: The District Court for the Middle District of Florida ruled against the University of Central Florida for three campus policies that served to suppress student speech. (7)
  4. Neese v. Bercerra, October 14, 2022: The Northern District of Texas Court ruled that Section 1557 of the Affordable Care Act and Title IX do not prohibit discrimination based on sexual orientation or gender identity. The court set aside the contrary enforcement position taken by the Department of Health and Human Services. (8)
  5. Religious Sisters of Mercy et al v. Becerra, December 9, 2022: The Eighth Circuit Court in North Dakota overturned a rule under the Affordable Care Act, Section 1557, that would require “gender-transition procedures” be covered by health insurance plans. (9)
  6. Adams v. School Board of St. Johns County, December 30, 2022: The U.S. Court of Appeals for the Eleventh Circuit reversed the decision of the District Court, and upheld the policy of the St. Johns County School District in Florida, which denied transgender students access to the bathrooms consistent with their gender identity. (10)
  7. B.P.J. et al v. West Virginia State Board of Education, January 5, 2023: The Southern District Court of West Virginia ruled in favor of the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for the purpose of secondary school sports. (11)

Since June 23, 2022, wrongfully accused students also have triumphed in 22 due process lawsuits against the following universities: University of California, University of Idaho Law School, Dartmouth College, Dordt University, SUNY-Purchase, Brown University (two lawsuits), Purdue University, Massachusetts Institute of Technology, University of Arizona,  University of Southern Florida, Western Michigan University, Prairie View A & M University, UC-Davis, Marshall University, University of Chicago, University of Connecticut, Emory University, Texas Christian University, Stonehill College, University of Wisconsin-Madison, and Siena College. (12)

SAVE urges Congress to take necessary actions to discourage attempts by the Executive Branch to advance the gender agenda.

Links:

  1. https://www.heritage.org/gender/heritage-explains/the-lefts-new-gender-agenda
  2. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  3. https://www.saveservices.org/2022-Policy/
  4. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  5. https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-23-order.pdf
  6. https://becketnewsite.s3.amazonaws.com/20220907161315/Franciscan-Opinion.pdf
  7. https://speechfirst.org/wp-content/uploads/2021/02/64.-Dismissal-Settlement-1.pdf
  8. https://casetext.com/case/neese-v-becerra-1
  9. https://becketnewsite.s3.amazonaws.com/20221209161106/Sisters-of-Mercy-Opinion.pdf
  10. https://media.ca11.uscourts.gov/opinions/pub/files/201813592.2.pdf
  11. https://storage.courtlistener.com/recap/gov.uscourts.wvsd.231947/gov.uscourts.wvsd.231947.512.0.pdf
  12. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
Categories
Campus Department of Education Due Process False Allegations Free Speech Gender Identity Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

WASHINGTON / January 12, 2023 – Title IX is the 50-year-old law that was enacted to stop sex discrimination in schools. But now, groups are attempting to use Title IX to promote a sweeping unconstitutional agenda with harmful effects on students, families, and on society.

Recent months have witnessed three attempts to make far-reaching changes to Title IX:

  1. In June, the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” muzzle free speech, and decimate due process (1).
  2. In September, 19 Democratic senators denounced the presumption of innocence in Title IX proceedings (2). The senators also called for an end to cross-examination, facilely ignoring a landmark Supreme Court decision that described cross-examination as the “‘greatest legal engine ever invented for the discovery of truth.” (3)
  3. In December, the Students’ Access to Freedom and Educational Rights (SAFER) Act was introduced in both chambers of Congress (4). The bill proposed to make sweeping changes to campus Title IX adjudication procedures — changes that are reminiscent of practices seen in the former Soviet Union (5).

The proposals would curtail constitutionally protected free speech and due process protections, eliminate fairness in women’s sports, promote gender transitioning among under-age students, marginalize the role of parents, and exact other harmful effects. Numerous lawmakers have spoken out in opposition to these proposed changes (6).

These changes recently were described by a leading policy organization as a “naked assault on civil rights.” (7)

In response to these and other worrisome developments, House Speaker Kevin McCarthy proposed a multi-point Commitment to America (8). Five of the principles pertain to the recent attempts to reinvent Title IX:

  1. Conduct rigorous oversight to rein in governmental abuse of power, such as an executive branch agency exceeding its legal authority by seeking to redefine the meaning of “sex” (9).
  2. Curb wasteful spending by government agencies, such as the Department of Education (10).
  3. Advance the Parents’ Bill of Rights (11).
  4. Defend fairness by ensuring that only women can compete in women’s sports (12).
  5. Uphold free speech guarantees and assure religious freedom (13).

SAVE urges members of Congress to move quickly to implement provisions of the Commitment to America and stop the Title IX take-over.

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  3. https://supreme.justia.com/cases/federal/us/399/149/
  4. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  5. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  6. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  7. https://www.jamesgmartin.center/2023/01/the-empress-wears-no-clothes/
  8. https://www.republicanleader.gov/commitment/
  9. https://spectator.org/administrative-redefine-gender/
  10. https://www2.ed.gov/about/overview/budget/budget23/justifications/z-ocr.pdf
  11. https://www.congress.gov/bill/117th-congress/house-bill/6056
  12. https://www.saveservices.org/2022-policy/network/womens-sports/
  13. https://www.saveservices.org/wp-content/uploads/2022/07/First-Liberty-Institute-Statement-on-Title-IX.pdf
Categories
Campus Department of Education Due Process Free Speech Investigations Legal Press Release Sexual Harassment Title IX

Mass Opposition to Students’ Access to Freedom and Educational Rights (SAFER) Act

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Mass Opposition to Students’ Access to Freedom and Educational Rights (SAFER) Act

WASHINGTON / December 20, 2022 – The Students’ Access to Freedom and Educational Rights (SAFER) Act, recently introduced in the Senate (S. 5158) and House of Representatives (H.R. 9387), has ignited a wave of opposition.

The SAFER bill would dramatically broaden the meaning of “sexual harassment” to include virtually all conduct that is viewed as “unwelcome.” The bill would expand the definition of “sex,” thereby allowing for the participation of biological males in women’s sporting events. The Act would also remove key due process protections for the accused, such as the right to an impartial investigation, thereby undermining the presumption of innocence (1).

A SAVE public opinion survey, conducted in June by YouGov, revealed the following (2):

  1. 57% of Americans oppose revamping the Supreme Court’s definition of “sexual harassment.”
  2. 63% of Americans oppose changing the definition of “sex” to include “gender identity.”
  3. 71% of Americans oppose transgender participation in women’s sports.
  4. 87% of Americans want to retain the presumption of innocence in college disciplinary proceedings.

Accordingly, two statements were issued by groups during the past week that expressed strong opposition to the SAFER Act:

  • One Call to Action highlighted the fact that in recent months, two federal courts have issued decisions that nixed expanded definitions of “sex.” (3)
  • The Heritage Foundation charged, “There is no scientific or legal basis that supports changing ‘sex’ to ‘sexual orientation and gender identity’ in Title IX. Such a change threatens everyone’s freedoms, removes important due process protections for students in higher education, and puts girls and women in danger of physical harm.” (4)

In addition, an editorial revealed that 83% of college students currently report self-censoring their speech to avoid criticism. By expanding the definition of sexual harassment, the SAFER bill would dramatically worsen campus restrictions on free speech (5).

Co-sponsors of the SAFER Act are urged to withdraw their support for the SAFER Act bill and reaffirm their oath of office to “uphold and defend” the U.S. Constitution, including the First and Fourteenth Amendments.

Links:

  1. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  2. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  3. https://www.conservativehq.org/post/call-to-action-oppose-the-safer-act-and-its-sweeping-redefinition-of-sex-and-sexual-harassment
  4. https://www.heritage.org/press/heritage-experts-safer-act-threatens-protections-women-undermines-fair-judicial-process
  5. https://cnsnews.com/commentary/edward-e-bartlett/sen-bob-casey-needs-tell-truth-about-his-dystopian-safer-act
Categories
Campus Due Process False Allegations Investigations Press Release Sexual Assault Sexual Harassment Trauma Informed

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

WASHINGTON / December 15, 2022 — The Students’ Access to Freedom and Educational Rights (SAFER) Act (1) was recently introduced in the Senate (S. 5158) and House of Representatives (H.R. 9387). The bill proposes to make numerous changes to campus Title IX adjudication procedures that would tilt the process in favor of the complainant. The changes are reminiscent of practices often seen in the former Soviet Union.

In the Soviet Union, Lavrentiy Beria, head of Stalin’s secret police, often boasted, “Show me the man, and I’ll show you the crime.”  Similarly, the SAFER Act would provide complainants a broad array of supports and protections, leaving accused persons to their own devices. (Section 205)

In the Soviet Union, “all aspects of the Soviet legal system were effectively subordinate to the leadership of the Soviet Communist Party,” according to University of Illinois law professor Peter Maggs (2).  On college campuses, ideologically committed Title IX coordinators wield enormous control over the processing of complaints. Under SAFER, their power would further expand to have a say over “teaching practices, textbooks, and curricula.” (Section 206)

In the Soviet Union, false allegations were rampant. Similarly, 40-50% of sexual assault allegations on American college campuses are known to be unfounded (3). Ironically, the SAFER Act would discourage a school from disciplining a person who makes a false allegation. (Section 205)

In the Soviet Union, investigators would slant their methods in order to reach a predetermined conclusion of guilt. Under the SAFER Act, campus investigators would be mandated to use “trauma-informed interview techniques” — methods that would further tilt what already is a biased Title IX process (4). (Section 205)

In the Soviet Union, “there was severe pressure from the party hierarchy to secure a 100 percent conviction rate, with the result that thereafter there were almost no acquittals.” (2) In the United States, Oberlin College once boasted it had a 100% conviction rate for Title IX cases (5).

As if to underscore the irrelevance of the SAFER bill, in three separate decisions this past week, federal judges issued rulings that illustrate the due process deficiencies of campus “kangaroo courts:”

  • The First Circuit Court of Appeals overturned a lower court decision, and ruled against Stonehill College of Massachusetts for its deeply flawed adjudication methods (6).
  • Judge Reed O’Connor issued a ruling against Texas Christian University, finding that TCU had instructed that exculpatory evidence for the man was “not to [be] consider[ed],” “discussed or referenced” by the Title IX panel (7).
  • The District Court of Western Wisconsin ruled against the University of Wisconsin-Madison for various procedural errors against a male student that constituted sex discrimination (8).

SAVE urges lawmakers to oppose the SAFER Act.

Links:

  1. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  2. https://www.britannica.com/topic/Soviet-law/Property
  3. https://www.saveservices.org/2021/05/pr-40-50-of-campus-sexual-assault-allegations-are-unfounded-revealing-need-for-strong-protections-of-the-innocent/
  4. http://www.prosecutorintegrity.org/sa/trauma-informed/
  5. https://www.washingtontimes.com/news/2018/jan/4/oberlin-college-sex-assault-conviction-rate-100/
  6. http://media.ca1.uscourts.gov/pdf.opinions/21-1227P-01A.pdf
  7. https://storage.courtlistener.com/recap/gov.uscourts.txnd.361429/gov.uscourts.txnd.361429.175.0.pdf
  8. https://storage.courtlistener.com/recap/gov.uscourts.wiwd.47298/gov.uscourts.wiwd.47298.25.0.pdf
Categories
Bills Campus Department of Education Discrimination Domestic Violence False Allegations Free Speech Sexual Harassment Title IX

SAFER Act Seeks Sweeping Changes to Redefine ‘Sex’ and ‘Sexual Harassment’

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

SAFER Act Seeks to Make Sweeping Changes to Redefine ‘Sex’ and ‘Sexual Harassment’

WASHINGTON / December 12, 2022 – Lawmakers recently introduced the Students’ Access to Freedom and Educational Rights (SAFER) Act in both the Senate and House (1). The bill proposes to codify sweeping changes to the definitions of “sex” and “sexual harassment.”

Definition of Sex

The existing Title IX law, enacted in 1972, was designed to eliminate discrimination based on a student’s “sex.” But the SAFER bill seeks to expand this fundamental term to include sex stereotypes, pregnancy or related conditions, sexual orientation, or gender identity.  Gender identity is defined as “a person’s internal sense of gender, which could be female, male, or another gender.” (Section 101)

To date, two circuit courts have ruled against changing the Title IX definition of sex:

  • On July 15, 2022 a Tennessee District Court issued a Preliminary Injunction overturning the Department of Education’s Interpretation of Title IX to include “discrimination based on sexual orientation and gender identity.” (2)
  • In a November 11, 2022 decision, a Texas District Court ruled in Neese v. Becerra that Title IX does not prohibit discrimination based on sexual orientation or gender identity. (3)

Over 200 organizations have gone on record in opposition (4) to proposed changes to Title IX that would expand the definition of “sex,” which would impose devastating consequences on women’s sports (5), promote life-altering sex changes on underage children (6), and have long-term effects on parental rights (7).

Definition of Sexual Harassment

In Davis v. Monroe, the U.S. Supreme Court defined sexual harassment as harassment that is ‘‘so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.’’ (8)

But the SAFER bill proposes a broader definition of sexual harassment that would encompass virtually all sex-related conduct that is perceived as “unwelcome:”

“any unwelcome conduct of a sexual nature, regardless of whether it is direct or indirect, or verbal or nonverbal (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology), that unreasonably alters an individual’s terms, benefits, or privileges of an education program or activity, including by creating an intimidating, hostile, or offensive environment.” (Section 203(i))

Such changes would exact harmful consequences on free speech (9) and open the door for a wave of false allegations of sexual misconduct and domestic violence (10). A former Washington State prosecutor explains the false allegations problem this way (11):

“The Department of Education has put immense pressure on higher education institutions to handle cases to their liking….As a result of this unfair treatment, innocent accused students, staff, and faculty find themselves expelled, fired or facing criminal charges.”

In Orwellian fashion, the bill sponsors make the remarkable claim that the SAFER Act will protect “all” students from discrimination (12).

SAVE urges lawmakers to strongly oppose the SAFER Act.

Links:

  1. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  2. https://adfmedialegalfiles.blob.core.windows.net/files/TennesseeOrderOpinionPI.pdf
  3. https://casetext.com/case/neese-v-becerra-1
  4. https://www.saveservices.org/2022-Policy/
  5. https://www.iwf.org/womens-sports-resource-center/
  6. https://nrb.org/articles/thousands-rally-at-tennessee-state-capitol-to-end-child-mutilation/
  7. https://parentalrights.org/
  8. https://supreme.justia.com/cases/federal/us/526/629/
  9. https://speechfirst.org/about/
  10. https://www.saveservices.org/2021/05/pr-40-50-of-campus-sexual-assault-allegations-are-unfounded-revealing-need-for-strong-protections-of-the-innocent/
  11. https://kuhlmanoffice.com/practice-areas/title-ix-defense/
  12. https://www.casey.senate.gov/imo/media/doc/one_pager_safer_act.pdf
Categories
Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Title IX

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@endtodv.org

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

WASHINGTON / October 24, 2022 – Last week U.S. District Judge Scriven issued a ruling in a sexual assault case, denying the University of South Florida its Motion to Dismiss. The decision in favor of former USF student Kevaughn Dingle will allow the case to proceed to discovery and trial, if the university does not opt to settle the case (1).

The complaint arose from a sexual encounter in which the female student was the initiator (2). She entered the dormitory room of Dingle, a Black man, removed his shirt, expressed her sexual excitement, asked the man to text someone for a condom, and performed fellatio on him.

An hour later, she told some friends she “might have been sexually assaulted,” and filed a Title IX complaint.

During the Title IX proceeding, USF restricted Dingle’s review of the file, denied him the right to cross-examine the accuser, and even revoked his right to appeal.

In addition, USF misinterpreted its definition of consent. Specifically, USF’s Title IX Office defined consent as “words and/or actions that clearly indicate a willingness to engage in a specific sexual activity… at some point during the interaction or thereafter.” In contrast, USF’s determination letter faulted the man based on what the school referred to as a lack of “ongoing affirmative consent.”  [emphasis added]

As a consequence, USF found Dingle responsible of sexual assault, expelled him, and stripped him of his football scholarship.

In addition, Dingle was arrested by local police on sexual assault charges, which were eventually dropped (3).

Dingle’s experience is not uncommon. Since the Department of Education issued its “Dear Colleague Letter” in 2011, 814 similar lawsuits have been filed (4). As a consequence, 44 judicial decisions have been issued against colleges finding sex bias against the male student (5).

While Black men make up only about six percent of college undergraduates, they are substantially overrepresented in the Title IX proceedings (6).  Among the 30% of cases in which the race of the accused student was known, black students are four times as likely as white students to file lawsuits alleging due process violations (7).

Citations:

  1. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/634c9f3ed7cdbc00211e7088/797ordermtd10142022.pdf
  2. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/61b67ae860f2970021b6a1a1/797complaint1282021.pdf
  3. https://www.thedailystampede.com/2018/3/30/17180320/kevaughn-dingle-has-all-felony-sexual-battery-charges-dropped
  4. https://titleixforall.com/title-ix-recap-what-happened-in-september-2022/
  5. https://www.saveservices.org/2022/04/44-judicial-decisions/
  6. https://www.realcleareducation.com/articles/2019/01/21/black_men_title_nine_and_the_disparate_impact_of_discipline_policies_110308.html
  7. https://www.saveservices.org/2020/07/why-are-some-members-of-congress-opposing-due-process-protections-for-black-male-students/