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#MeToo Campus Civil Rights Discrimination Due Process False Allegations Free Speech Investigations Office for Civil Rights Sexual Harassment

Black Immigrant Chaplain Claims Christian College Used Bogus Title IX Investigation to Fire Him

‘From the outset … race was very much at issue’

A professor’s race heavily factored into his firing on the grounds of making racially and sexually insensitive comments, according to his attorney.

Wheaton College, known informally as the Harvard of evangelical colleges, publicly announced the dismissal of Chaplain Tim Blackmon earlier this month, more than a month after his firing.

The 50-year-old black immigrant from the Netherlands has since vigorously disputed the allegations against him, telling the Chicago Tribune that “they are a complete misconstrual of the comments” he made.

President Philip Ryken justified the college’s firing of Blackmon by publicly accusing him of several violations Wheaton learned about last fall. He had “repeatedly used an ethnic slur” to refer to an Asian employee and suggested that a female staff member sit on his lap during a training session for sexual harassment, according to Wheaton’s statement.

The black chaplain also circulated a meme to employees about masturbation and “arranged” to have the book “The Complete Idiot’s Guide to the Kama Sutra” placed on a female staff member’s desk, the college claimed.

Wheaton claimed that Blackmon “admitted to certain allegations, which is patently untrue,” his attorney Andrew Miltenberg told The College Fix in an email. The ex-chaplain “continues to refute” both the allegations and the context Wheaton applied to them.

“From the outset, Chapl[a]in Blackmon’s race was very much at issue,” contrary to Wheaton’s race-neutral portrayal of the allegations, Miltenberg said.

Citing Wheaton’s allegedly poor record with racial and ethnic diversity, “especially with the African American community,” the attorney said that Blackmon has been treated far worse than his white colleagues.

Pressure to conform with the prevailing views of the #MeToo movement and the controversies surrounding Title IX investigations resulted in an overreaction from the college, the attorney added.

Ultimately, Wheaton chose to oust Blackmon so that it could maintain the mantle of being an “ethnically diverse” college all the while “return[ing] to its roots – that being a primarily white educational institution,” Miltenberg alleged. Yet the fired employee and his attorney have not decided whether to take legal action yet.

When asked to specify some of the college’s allegations about Blackmon – including the exact racial slur – beyond its curt statement, Director of Marketing Joseph Moore stated: “Wheaton College is not providing further comment.”

That supposed slur, Blackmon told a blogger last week, stemmed from an “inside joke” about the song “Black and Yellow” by the rapper Wiz Khalifa and its relevance to working in a “predominantly white institution.”

Theological articles he shared were ‘ideologically problematic’ for accuser

Wheaton’s internal statement to its community, which Moore provided and which preceded Blackmon’s response, made clear that the college did not find that he engaged in “sexually immoral relationships or physical sexual misconduct.” Rather, its investigation “revealed conduct inconsistent with Wheaton’s policies and commitments.”

Moore did not not provide The Fix with the specific policies and commitments purportedly breached by Blackmon, however.

“To be clear, I was completely blind-sided by this Title IX investigation,” Blackmon said via his attorney in response to Wheaton’s statement.

“I recently learned this was the second time this individual filed a Title IX against me,” the first one occurring in 2017 after Blackmon had “shared five theological articles that the complainant [accuser] deemed ideologically problematic.” (He doesn’t give a more specific description of the accuser; Wheaton’s language suggests at least two women complained.)

Wheaton’s Title IX office didn’t investigate at the time, “as it was a clear misuse of the Title IX investigative process,” the chaplain continued. But in the most recent complaint, he said that “several of my comments have been taken completely out of their factual and, in some cases, religious context.”

He emphasized that no one accused him of “flirtation, inappropriate relationships, sexual misconduct or any sexual action towards anyone,” and neither the accuser nor “any witness, communicate[d] offense or discomfort.”

While it left out his race when justifying his firing, Wheaton emphasized Blackmon’s race when hiring him five years ago as the first nonwhite chaplain in its 155-year history.

Rodney Sisco, director of the Office of Multicultural Development, told The Wheaton Record: “I think change is change, and change is always difficult. Chaplain Blackmon is going to be seen differently.”

While Sisco was personally excited to have a “person of color leading the chaplain’s office,” he suspected that some community members would be “a little worried, asking, ‘Have we made some sort of strange mistake?’” He concluded by saying: “I think there will be some folks who push against the college.”

At the time, only 2.3 percent of the student body was comprised of African Americans. The most recent figures from 2017 put it at 3.03 percent––its white population is at 70.8 percent. (Ranking service College Factual says Wheaton has more “non-resident alien” students than African Americans.) This is at a college that was founded by evangelical abolitionists in 1860 and was a major stop along the Underground Railroad.

“Wheaton has failed in its attempt, if any were even made, to achieve truly measurable and transformative cultural diversity,” Miltenberg, who has represented hundreds of college students accused of sexual misconduct, told The Fix.

‘The Complete Idiot’s Guide to the Kama Sutra’ was a regifted ‘gag’

In a separate public statement, the attorney alleged that Wheaton administrators “are now publicly smearing and defaming my client in the media by using out of context statements and false accusations.”

Contrary to President Ryken’s claim, Blackmon “never asked his secretary to sit on his lap during a sexual harassment training,” and “never harassed anyone, sexually or racially,” according to Miltenberg. The college simply “weaponized the Title IX process to get rid of someone whose words and ideas didn’t always conform to their views.”

The lap allegation, Blackmon told The Roys Report blog last week, stemmed from his critical comments about “the mandatory (but rather patronizing) sexual harassment training video” he was required to watch when starting at Wheaton in September 2015.

He said he told the accuser: “Come on, it’s not like I don’t know what sexual harassment is. It’s not like I’m asking my secretary to sit on my lap and take the training for me.”

The context for another allegation, about his comments to a newly married female employee, was the fact that her “brand-new husband had been pulling all-nighters for grad-school,” Blackmon continued:

As a way of celebrating their newly wedded bliss I said, “Maybe you should surprise him and pay him a conjugal visit.” As to the conjugal-visit comment, I was genuinely trying to commiserate with her about the challenges of graduate school and newlyweds.

Regarding the incident involving “The Complete Idiot’s Guide to the Kama Sutra,” Miltenberg told The Fix that Blackmon “received the book from a former parishioner.”

That person’s wife wrote about the incident in a comment on a blog post on the Blackmon controversy: “I left the book on Tim’s desk. During our annual Church bazar [sic] I found the book in the donated items as we set up.” She thought that it would be “ironic to put the book on Tim’s desk.”

Later, after she and her husband “laughed about it,” her husband “snuck into Tim’s office and hid it in his library where it sat for years. I guess it made its way to Chicago. I thought it was funny to put a book that silly in Tim’s office. And the idea I was a victim is stupid.”

According to Miltenberg, at some point Blackmon “told the complainant the story after he found the surprise gag gift in his [college’s] library and then gave her the book. He thought it was a funny story. That’s all there was to it.” (Blackmon told The Roys Report he shared the story with others, but admitted that it sounded bad when “taken out of its contexts without the prank.”)

Because this was “such a benign event,” the attorney continued, “we believe that Wheaton was looking for an excuse to sever its relationship with its first African American Chaplain” and return to being a predominantly white educational institution.

‘China-man’ was an ‘inside joke’

Regarding the “ethnic slur” he allegedly used repeatedly toward an Asian American employee, Blackmon provided the context to The Roys Report.

When he started working at Wheaton, Blackmon said one of his Korean ministry colleagues was “mistaken” for a professor. They “commiserated about the realities of beginning to work” at the predominantly white institution, comparing their situation to the Wiz Khalifa song “Black and Yellow”:

[A] black pastor from Holland and a Korean ministry associate. I said, “Maybe we should call you the China-man because people can’t even tell one Asian from another, one Chinese from a Korean.” More laughter ensued and for the next couple of weeks we commiserated about the ironies of working in a predominantly white institution, and we soon moved on from our inside joke and got to work.

“This,” said Blackmon, “is what they are considering the racial/ethnic slur.”

Miltenberg also suspects that “Wheaton may have overreacted out of fear of public pressure given the #MeToo movement and other Title IX related controversies as of late”:

Wheaton has repeatedly shifted the landscape in Chaplain Blackmon’s case, at times claiming it was Title IX issue, and other times, suggesting that the situation did not fall under Title IX.

This shifting has impeded Blackmon’s ability to appropriately respond to the allegations as well as “denying him the right to counsel,” Miltenberg said. The college has also ignored its own “employee conflict resolution procedures,” he claimed.

Its actions “have put Chaplain Blackmon’s future very much at risk,” Miltenberg said.

Source: https://www.thecollegefix.com/black-immigrant-chaplain-claims-christian-college-used-bogus-title-ix-investigation-to-fire-him/

Categories
Campus Civil Rights Due Process False Allegations Sexual Assault Sexual Harassment

Why Are Some Members of Congress Opposing Due Process Protections for Black Male Students?

SAVE

July 14, 2020

During the Senate HELP Committee’s 2015 hearing on campus sexual assault, Harvard Law Professor Janet Halley made the surprising observation that in her experience, “male students of color are accused and punished at ‘unreasonably high rates’ in campus sexual misconduct investigations.” (1) Two years later, journalist Emily Yoffe posed this question in The Atlantic: “Is the system biased against men of color?” explaining, “black men make up only about 6 percent of college undergraduates, yet are vastly overrepresented in the cases I’ve tracked.” (2) Lara Bazelon, director of the racial justice clinics at the University of San Francisco School of Law, likewise has opined about the troubling racial dynamics at play under the current Title IX system, and urged Education Secretary Betsy DeVos to “take important steps to fix these problems.” (3)

During this time of national reflection on race relationships, stories mount of black men whose lives were irrevocably harmed by false allegations or poorly administered campus tribunals (4). The examples of unfair treatment are numerous and egregious:

  • Two years ago, Nikki Yovino was sentenced to one year in jail for falsely accusing two black male football players, students at Sacred Heart University, of sexual assault (5).
  • Grant Neal, a black student athlete suspended by Colorado State University-Pueblo for a rape his white partner denied ever happened, sued and settled with his university (6).
  • Two black male students accused of sexual assault recently settled a lawsuit against University of Findlay for racial, gender, and ethnic discrimination (7).

Black faculty members also have been targeted by the campus kangaroo courts. The nation’s first elected black governor, former Virginia Governor L. Douglas Wilder, penned a scathing letter regarding his “unimaginable nightmare at Virginia Commonwealth University” after he was erroneously accused of sexual misconduct. He aptly titled his letter, “Secretary DeVos Right to Restore Due Process on Campus.” (9) Similarly, Howard University castigated law professor Reginald Robinson for allegations of sexual harassment, although his actions were clearly an expression of academic freedom consistent with university policy. (10)

So how widespread is the problem?

In 2017, the Office for Civil Rights investigated Colgate University for potential race discrimination in its sexual assault adjudication process. During the course of the investigation, the institution had to reveal the embarrassing fact that “black male students were accused of 50% of the sexual violations reported to the university,” (11) even though black students represent only 5.2% of all undergraduate students (12).

More recently, Title IX For All analyzed demographic data from the approximately 650 lawsuits filed against institutions of higher education since 2011. 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 their rights were violated in Title IX disciplinary proceedings. Title IX For All concludes, “These findings come at a time when public officials who have long regarded themselves as champions of civil rights for minorities suspected or accused of crimes advocate a heightened awareness of their rights, while simultaneously working to undermine their rights in higher education settings.” (13)

The new Title IX regulation will ensure fairness, equitability, and credibility, and will support and assist sexual assault complainants, as well (14). Some members of Congress in both the Senate (15) and the House of Representatives (16) have urged Secretary DeVos to rescind the new regulation with vague claims that it is harmful to students.

At a time when activists across the country are clamoring that Black Lives Matter, why are some members of Congress opposed to a regulation that will help improve the lives of black men?

Citations:

  1. https://www.thecollegefix.com/shut-out-of-sexual-assault-hearing-critics-of-pro-accuser-legislation-flood-senate-committee-with-testimony/
  2. https://www.theatlantic.com/education/archive/2017/09/the-question-of-race-in-campus-sexual-assault-cases/539361/
  3. https://www.nytimes.com/2018/12/04/opinion/-title-ix-devos-democrat-feminist.html
  4. https://www.thecollegefix.com/believe-the-survivor-heres-11-times-young-black-men-were-railroaded-by-campus-sexual-assault-claims/
  5. https://www.ctpost.com/news/article/Yovino-sentenced-to-1-year-in-false-rape-case-13177363.php
  6. https://www.thecollegefix.com/athlete-accused-rape-colorado-state-not-sex-partner-getting-paid-drop-lawsuit/
  7. https://pulse.findlay.edu/2019/around-campus/university-of-findlay-settles-sexual-assault-case/
  8. https://www.usatoday.com/story/opinion/voices/2020/07/02/sexual-assault-title-ix-due-process-betsy-devos-column/3281103001/
  9. http://www.saveservices.org/2020/06/secretary-devos-right-to-restore-due-process-on-campus/
  10. https://www.thefire.org/law-professor-still-subject-to-sanctions-from-howard-university-for-brazilian-wax-hypothetical-on-quiz/
  11. https://reason.com/2017/09/14/we-need-to-talk-about-black-students-bei/
  12. https://www.colgate.edu/about/offices-centers-institutes/provost-and-dean-faculty/equity-and-diversity/demographics#students
  13. https://www.titleixforall.com/wp-content/uploads/2020/07/Plaintiff-Demographics-by-Race-and-Sex-Title-IX-Lawsuits-2020-7-6.pdf
  14. http://www.saveservices.org/2020/05/analysis-new-title-ix-regulation-will-support-and-assist-complainants-in-multiple-ways/
  15. https://www.feinstein.senate.gov/public/index.cfm/press-releases?id=CB2CFAD7-4FF7-400D-A8E5-CA2D5857072B
  16. https://speier.house.gov/2020/5/reps-speier-kuster-pressley-and-slotkin-lead-letter-urging-the-department-of-education-to-rescind-its-indefensible-title-ix-rule
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Accountability Campus Civil Rights Department of Justice Discrimination Law Enforcement Office for Civil Rights Press Release Research Training Victims

PR: Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: glauterio@saveservices.org

Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

WASHINGTON / October 11, 2016 – Warning “victim-centered” investigations are “inconsistent with basic notions of fairness and justice,” an Expert Panel has issued a report calling on lawmakers to end such approaches in campus sexual assault cases (1). The Expert Panel was convened in observance of Wrongful Conviction Day on October 4 and addressed the growing problem of “victim-centered” investigations at colleges and in the criminal justice system.

“Victim-centered” methods abandon traditional notions of impartiality and objectivity, and instead call on investigators to presume that “all sexual assault cases are valid unless established otherwise by investigative findings,” as one report enjoins (2). Such recommendations represent a negation of the long-held tenet of the presumption of innocence, and are likely to lead to wrongful determinations of guilt.

One of the expert panelists was Michael Conzachi, a former homicide detective and police academy instructor. Conzachi sharply criticized the University of Texas-Austin document Blueprint for Campus Police, saying its recommendations to remove inconsistent statements and exculpatory information from investigational reports represent a potential violation of laws that bar evidence concealment and tampering.

E. Everett Bartlett, president of the Center for Prosecutor Integrity, reported that many lawsuits by accused students against universities now include allegations of investigational impropriety. He identified nine categories of investigational biases claimed in campus lawsuits such as Overt bias/Predetermination of guilt and Inadequate investigator qualifications.

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (CEFTA). The bill mandates the use of “justice-centered” investigations that would require campus investigators to “discharge their duties with objectivity and impartiality” (3).

Categories
Campus Civil Rights

PR: Title IX Over-Reach: Leading Law Professors Issue Call to Rein in Federal Office for Civil Rights

Contact: Chris Perry

Email: cperry@saveservices.org

Title IX Over-Reach: Leading Law Professors Issue Call to Rein in Federal Office for Civil Rights

WASHINGTON / May 16, 2016 – Professors from leading law schools have signed an Open Letter deploring the erosion of free speech and due process on campus. The Letter calls on the Department of Education’s Office for Civil Rights (OCR) to cease its unlawful practice of issuing binding policy directives that do not comply with review-and-comment requirements of the Administrative Procedure Act. The Open Letter is believed to be the first time that professors from numerous law schools, as a group, have publicly chastised the federal Office for Civil Rights.

The co-signers include faculty members from Harvard Law School, Stanford University, University of Pennsylvania, George Washington University, University of Wisconsin, New York University, University of Miami, Touro Law School, University of San Diego, and other schools.

The Open Letter traces the evolution of the OCR policy directives that purport to interpret Title IX, the federal law that was enacted in 1972 to bar sex discrimination in schools. The OCR mandates have had the effect of broadening, weakening, and eventually negating the Supreme Court’s definition of sexual harassment. In Davis v. Monroe, the High Court defined sexual harassment in schools as conduct that is “severe, pervasive, and objectively offensive.” Over the course of time, the OCR has expanded that pivotal definition to encompass conduct that is severe, pervasive, OR subjectively offensive.

In a 2013 ruling, the OCR mandated that the University of Montana change its definition of sexual harassment to include “any unwelcome conduct of a sexual nature,” including verbal comments. This has had the effect of pressuring universities to establish speech codes and free-speech zones. The Open Letter also recounts the effects of OCR policy mandates on due process protections for students accused of sexual assault.

The professors’ statement makes recommendations to clarify the legal status of OCR directives, reinvigorate free speech, and restore due process.

“The federal Office for Civil Rights has ignored constitutional law, judicial precedent, and Administrative Procedure Act requirements by issuing numerous directives, and then enforcing these directives by means of onerous investigations and accompanying threats to withhold federal funding. The OCR has brazenly nullified the Supreme Court definition of campus sexual harassment,” the professors warn. “These unlawful actions have led to pervasive and severe infringements of free speech rights and due process protections at colleges and universities across the country.”

The Open Letter can be viewed here: http://www.saveservices.org/wp-content/uploads/Law-Professor-Open-Letter-May-16-2016.pdf  The Letter remains open for additional co-signers.

SAVE is working for evidence-based, constitutionally sound solutions to campus sexual assault: www.saveservices.org

Categories
Campus Civil Rights Sexual Assault Wrongful Convictions

PR: Campus Justice Coalition Seeks to Restore Fairness in Campus Sex Cases

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: teristoddard@saveservices.org

Campus Justice Coalition Seeks to Restore Fairness in Campus Sex Cases

WASHINGTON / July 30, 2014 – Representatives of sexual assault victims, the accused, and universities have come together to establish the Campus Justice Coalition. The Coalition will seek to achieve legislative change to assure the proper handling of sexual assault cases on college campuses.

Campus sex committees have been criticized for being poorly trained, under-resourced, and lacking the legal authority to impose meaningful sanctions. Rape is a crime, but the campus boards possess legal authority to only expel, not imprison the perpetrator.

The current system was established by a 2011 Department of Education regulation which shifted the resolution process to campus disciplinary panels, and eliminated a number of due process safeguards. Under current policies, neither the identified victim or the accused person are allowed to be represented by an attorney.

Following imposition of the federal mandate, numerous complaints and lawsuits have been filed by victims, and by men claiming they were wrongfully expelled: http://www.saveservices.org/wp-content/uploads/Campus-Sexual-Assault-Lawsuits.pdf

Basketball star Dez Wells was expelled from Xavier University in Ohio on allegations of non-consensual sex. The County prosecutor termed the expulsion “fundamentally unfair” and “seriously flawed.” In April the University paid an undisclosed amount, likely exceeding $1 million, to the former student: http://mynorthwest.com/33/2506222/Basketball-star-Wells-settles-suit-against-Xavier

Two weeks ago the University of Connecticut agreed to pay $900,000 to a student who was raped in August 2011. Despite the existence of the new federal policy, the university mishandled her complaint, and the alleged rapist never faced criminal charges: http://www.insidehighered.com/news/2014/07/21/u-connecticut-pay-13-million-settle-sexual-assault-lawsuit#sthash.xJR5NBcw.dpbs

“The shadow-system of justice has betrayed victims and the accused, and has put universities in an impossible situation,” notes Campus Justice Coalition spokesperson Sheryle Hutter. “Sexual assault cases require the full resources of the criminal justice system, not a sorry replay of vigilante justice meted out by untrained amateurs.”

More information on the Campus Justice Coalition can be seen here: http://www.saveservices.org/camp/campus-justice-coalition/

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Bills Campus Civil Rights DED Sexual Assault Directive Innocence Law Enforcement Press Release Sexual Assault

Safety of Our Students: SAVE Calls on Congress to Fix Broken System of Campus Rape Panels

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: teristoddard@saveservices.org

Safety of Our Students: SAVE Calls on Congress to Fix Broken System of Campus Rape Panels

WASHINGTON / May 21, 2014 – Based on growing complaints by victims and accused students, Stop Abusive and Violent Environments (SAVE) is calling on Congress to fix the current system of campus disciplinary committees. A 2011 federal policy mandated that these panels adjudicate claims of campus sexual assault. Over 350 editorials to date have sharply criticized the boards both for shortchanging victims and violating the rights of the accused: www.accusingu.org

SAVE is proposing enactment of a new law entitled “SOS: Safety of Our Students.” The law would require that all allegations of campus criminal sexual assault be referred to local criminal justice authorities for investigation and adjudication. The full text of the bill can be seen here: http://www.saveservices.org/camp/campus-rape-courts

In 2011 the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter that shifted responsibility for campus rape cases to the committees that handle cheating and plagiarism cases. These panels lack legal authority to subpoena witnesses, conduct in-depth investigations, or impose criminal sanctions.

On May 1, 2014 the Department of Education announced it was launching investigations of 55 universities for “possible violations of federal law over the handling of sexual violence and harassment complaints.” The probe underscores federal concerns over the turmoil and confusion that the current system is now experiencing.

Five days later a USA Today Editorial Board column charged the current approach is “failing” because the “strongest punishment schools can deliver is to expel a rapist from campus.” A May 13 editorial by the Los Angeles Times Board echoed similar concerns.

“Despite the best of intentions by its proponents, the current system represents second-class justice to victims and third-world justice for the accused,” charges SAVE spokesperson Sheryle Hutter. “We call on Congress to act promptly to respond to the growing crisis in handling campus rape cases.”

Stop Abusive and Violent Environments—SAVE—is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

Categories
Accusing U. Campus Civil Rights DED Sexual Assault Directive Press Release Sexual Assault Sexual Harassment

PR: Accusing U. Launches Radio Campaign to Protect Free Speech on Campus

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Accusing U. Launches Radio Campaign to Protect Free Speech on Campus

WASHINGTON / June 14, 2013 – The non-profit Accusing U. is launching a nationwide radio campaign designed to highlight how the recent Obama Administration’s sexual harassment mandate represents an unprecedented threat to free speech. The campaign will consist of radio interviews featuring Christina Hoff Sommers, well-known author, columnist, and resident scholar at the American Enterprise Institute.

On May 9, the U.S. Department of Education and Department of Justice unveiled a new campus policy that classifies speech as a form of sexual harassment, enlarges its scope to include any speech that is deemed “unwelcome,” and eliminates the reasonable person standard.

The policy applies to all faculty members and over 21 million undergraduate and graduate students at colleges receiving Department of Education funding.

The federal decision has proven to be controversial. Last week the Women’s Committee of the American Association of University Professors released a letter expressing concerns about the policy: http://www.saveservices.org/falsely-accused/sex-assault/accusing-u/complaints/

To date, over 85 editorials have been written opposing the decision: http://www.saveservices.org/camp/ded-directive/ded-editorials/ Columnists believe the policy will effectively ban discussion on controversial topics such as AIDS prevention and gay rights, and may require removal of sex-themed classical works from English literature courses.

“The federal policy represents a radical assault on the First Amendment rights of faculty and students alike,” explains Accusing U. spokesman Mike Thompson. “And what will happen if a student makes an unwelcome request for a date – will that be construed as sexual harassment?”

The May 9 policy comes on top of a divisive 2011 Dept. of Education mandate requiring colleges to use the weakest preponderance-of-evidence standard in handling allegations of sexual assault. The standard makes false allegations more likely, harming the credibility of victims.

Accusing U. — www.accusingu.org — is a project of Stop Abusive and Violent Environments, a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault.

Categories
Civil Rights Discrimination Domestic Violence Innocence Law Enforcement Press Release Prosecutorial Misconduct Research Sexual Assault Special Report Wrongful Convictions

PR: Prosecutor Bias and Misconduct are Widespread, Says SAVE Report

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Prosecutor Bias and Misconduct are Widespread, Says SAVE Report

WASHINGTON / May 15 – A new report by Stop Abusive and Violent Environments highlights the problem of unethical conduct by prosecutors at the state and federal levels.  “Prosecutor Bias and Misconduct in Sexual Assault and Domestic Violence Cases” concludes a number of prosecutors have pursued overly zealous practices in sexual assault and domestic violence cases. Such practices erode constitutional guarantees of due process of law and probable cause.

Prosecutors are ethically required to evaluate allegations and only pursue those backed by probable cause.  That’s because they wield the power of the state against the modest power of individuals who may be charged.  Over the past two decades, prosecutors have often abandoned that role in favor of “win at any cost,”  claims the new study.

That’s particularly true when the allegations involve sexual assault or domestic violence, according to the SAVE report.

Former sex-crimes prosecutor Rikki Klieman has noted, “Now people can be charged with virtually no evidence.”  In the case of the Central Park Five, for example, five minors were coerced by prosecutors and police into pleading guilty to a crime they had no part in.  The prosecutor obtained the confessions despite the absence of objective evidence connecting them to the crime.

The same is true in domestic violence cases.

Despite the fact that half of domestic violence is perpetrated by women, the vast majority of those arrested and charged are men.  That’s because “dominant perpetrator” laws encourage the arrest of the larger, stronger partner, i.e., the man.  Such gender-biased charging policies are unconstitutional, notes the SAVE report.

Prosecutor malfeasance has real-world consequences.  In Virginia, 15% of sexual assault convictions were shown to be false by DNA evidence.  In domestic violence cases, some 80 – 85% of allegations are ultimately recanted, but “no-drop” policies mean prosecutors often pursue them anyway.

“For the sake of our families and our system of justice, prosecutors must be held to long-established ethical standards,” says S.A.V.E. spokesperson Sheryle Hutter.  “Probable cause and due process of law cannot be sacrificed on the altar of political expediency.”

S.A.V.E.’s new special report can be viewed here: http://www.saveservices.org/downloads/Prosecutor-Bias-Misconduct-in-Domestic-Violence

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence and sexual assault: www.saveservices.org.

Categories
Accusing U. Campus Civil Rights DED Sexual Assault Directive Innocence Press Release Sexual Assault Wrongful Convictions

PR: ‘Point of Parody:’ Six More Editorials Slam Campus Sex Assault Panels

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

‘Point of Parody:’ Six More Editorials Slam Campus Sex Assault Panels

WASHINGTON / May 1, 2013 – Campus sex assault committees at Swarthmore, Occidental, Brown, and Cornell found themselves at the center of satire and scrutiny this past week as six new editorials probed sex assault complaints at these institutions. SAVE calls on the Department of Education to respond to allegations of civil rights violations arising from a 2011 policy issued by its Office for Civil Rights.

One editorial, “Swarthmore, Occidental, and Their Kangaroo Courts,” documents how Swarthmore College mandates that the accused refrain from any outside discussion of the allegation, thus precluding assistance by a defense attorney. At Swarthmore, “an accused student can be punished even if no charges were filed against him,” thus reaching the “point of parody,” columnist KC Johnson asserts.

Dr. Helen Smith takes the argument a step farther, wondering if breaches of due process for the accused represent a “Secret War on Men?” Smith charges universities have “established a kangaroo campus court system” for alleged sexual misconduct that have “little due process protection.” These procedures form part of a larger “hostile environment on campuses” for men, Smith believes.

Professor Walter Mead places the Department of Education’s sexual assault mandate within the context of heavy drug use, binge drinking, and hook up culture that have “turned many campuses into genuinely toxic environments.” But abandoning “our commitment to ideas like the presumption of innocence will not fix what is wrong on campus today,” Mead warns.

“The federal sex assault mandate has become a wrecking ball to fundamental concepts of democratic society like due process and the presumption of innocence,” notes SAVE spokesperson Sherry Warner-Seefeld. “The refusal of the federal Department of Education to respond to numerous letters must be seen as tacit acknowledgement of the civil rights travesty it has created.”

The six editorials, published during the week of April 21-27, 2013, are listed online (1). To date, over 120 editorials have criticized the DED mandate as an anathema to civil rights. Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (2).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  2. http://www.saveservices.org/falsely-accused/sex-assault/complaints/
Categories
Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Innocence Sexual Assault Wrongful Convictions

PR: ‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

Contact: Mike Thompson
Telephone: 301-801-0608
Email: mthompson@saveservices.org

‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

WASHINGTON / April 29, 2013 – Three articles sharply critical of the handling of sex assault cases by campus disciplinary committees were published this past week. The critiques suggest college administrators may need to re-evaluate whether the federally mandated sex assault panels are rendering a disservice to victims, to the accused, and to the principle of justice itself, according to Stop Abusive and Violent Environments.

Writing in the Wall Street Journal on April 16, Judith Grossman describes the experience of her son, a student at a New England liberal-arts college (1). The panel’s hearing consisted of a “two-hour ordeal of unabated grilling” during which he was “expressly denied his request to be represented by counsel.” Grossman, a lawyer and self-described feminist, charges the student courts have “obliterated the presumption of innocence that is so foundational to our traditions of justice.”

The following day Harry Lewis, former Dean of Harvard College, and Jane Shaw, president of the John W. Pope Center for Higher Education, penned a critique of the University of North Carolina’s adjudication of a recent rape case (2).

After the accuser criticized the student panel for exonerating the accused, the university then proceeded to charge her with engaging in “disruptive or intimidating” behavior. Lewis and Shaw allege the student was denied her First Amendment rights, and conclude sexual assault cases are “certainly beyond the capacity” of campus disciplinary courts.

The sharpest critique appeared in the Northern Kentucky Law Review. Titled “A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses,” attorney Stephen Henrick highlights the inherent conflicts of interest in college disciplinary panels (3).

One of these conflicts Henrick describes as ideological. At Stanford University, for example, a training manual advises sexual assault fact-finders that “persuasive and logical” statements by the accused should be interpreted as a sign of guilt.

“In the former Soviet Union, defendants were often denied legal counsel, freedom of speech was a legal fiction, and protestations of innocence were taken as evidence of guilt,” notes SAVE spokesperson Sheryle Hutter. “Now we are seeing a similar form of totalitarian justice, imposed by federal fiat on American universities in the name of curbing sexual assault.”

To date, over 110 editorials have criticized the Department of Education policy (4). Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (5).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1. http://online.wsj.com/article/SB10001424127887324600704578405280211043510.html
  2. http://www.forbes.com/sites/realspin/2013/04/17/colleges-must-promote-personal-responsibility-not-he-said-she-said-trials/
  3. http://www.saveservices.org/wp-content/uploads/2013/Final-Law-Review-Article.pdf
  4. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  5. http://www.saveservices.org/falsely-accused/sex-assault/complaints/