Category: DED Sexual Assault Directive

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

Post author By saveadmin
Post date June 14, 2013

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.

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

Post author By saveadmin
Post date May 1, 2013

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

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

Post author By saveadmin
Post date April 29, 2013

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

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PR: As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

Post author By saveadmin
Post date April 8, 2013

PRESS RELEASE

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

As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

WASHINGTON /April 4, 2013 – Exactly two years after the U.S. Department of Education (DED) issued its directive on campus sexual assault, the federal mandate continues to stoke controversy. SAVE reiterates its call for the federal agency to remove the policy, first issued on April 4, 2011, which it believes is unconstitutional.

Civil rights expert Wendy Kaminer has described the policy as a concession to an “authoritarian impulse.” To date, 110 editorials have scored the DED mandate for imposing a preponderance-of-evidence standard, stripping the accused of the presumption of innocence, and allowing students to be expelled without the benefit of legal counsel: http://www.saveservices.org/camp/ded-directive/ded-editorials/

The directive has given rise to a growing number of false allegations of sexual assault, many say.

On February 15, 2013, Morgan Triplett, claimed she was raped in broad daylight on the campus of the University of California-Santa Cruz. In truth, she had placed an abuser-wanted advertisement on Craigslist, soliciting a person to “punch, kick, and bruise her in exchange for sex.”

The Triplett case may have inspired a North Dakota woman to place a similar ad.

On March 24, Mary Kate Gullickson, a student at North Dakota State University, ran a solicitation on Craigslist seeking a man to abduct and assault her to satisfy a “rape fantasy.” Four days later Gullickson pleaded guilty to providing false information to a police officer. In addition to supervised probation, she was ordered to pay restitution to cover the cost of investigating the bogus rape claim.

“The DED sex mandate is an example of political correctness run amok,” notes SAVE spokesperson Sheryle Hutter. “Universities should be serve as a wellspring of democratic ideals, not the playground for totalitarian fantasies.”

Thirteen organizations, including the American Association of University Professors, have called for repeal of the DED directive: http://www.saveservices.org/camp/complaints/

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

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PR: New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

Post author By saveadmin
Post date March 25, 2013

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

New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

WASHINGTON / March 25, 2013 – The New York Times has repeatedly published biased and inaccurate articles regarding allegations of sexual assault on campus, according to Stop Abusive and Violent Environments. This past week the NYT secretly altered an inaccurate statement by one of its reporters. SAVE is calling for acknowledgement of the change and a public commitment to balanced coverage in future articles on the issue.

The NYT published an article on March 19 by reporter Richard Perez-Pena titled, “College Groups Connect to Fight Sexual Assault” (1). Regarding the Department of Education’s controversial sexual assault policy, the article claimed the federal mandate “did not markedly change interpretation of the law.”

But the 2011 sex mandate did substantially alter the prior DED stance, many say. The new policy lowered the standard of proof to the weakest preponderance-of-evidence standard, discouraged cross-examinations by the accused, subjected the accused to “double-jeopardy” appeals, and generally removed the presumption of innocence. These changes have been discussed and documented in over 100 editorials (2) and legal analyses (3).

So within hours of publication the Times, without acknowledgement or expression of regret, covertly changed the wording of this key conclusion to read, “The letter changed interpretation of parts of the law.” The wording and time of the change was captured by NewsDiffs, which monitors alterations to news articles (4).

Two days later, columnist KC Johnson disclosed the ruse, noting the change rendered the revised sentence “all but senseless.” Johnson’s column also questioned why reporter Perez-Pena failed to include a response from a defense attorney or civil libertarian to assure editorial balance. Johnson documented examples of significant editorial bias in other articles by the same reporter (5).

“In light of these disturbing revelations, it’s hard to imagine how Richard Perez-Pena will be able to restore his journalistic credibility,” notes SAVE spokesman Howard Goldman. “These revelations also raise questions about the New York Times’ commitment to editorial fairness in its coverage of the campus sexual assault issue.”

The American Association of University Professors and 12 other organizations have called on the Department of Education to rescind its controversial sexual assault policy (6).

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

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PRESS RELEASE: Under Fire for Sex Directive, Dept. of Education Russlynn Ali Steps Down

Post author By saveadmin
Post date December 7, 2012

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

Under Fire for Sex Directive, Dept. of Education Russlynn Ali Steps Down

WASHINGTON/ December 7 – Following publication of a Duke Law Review article broadly critical of the Department of Education’s Sexual Assault Directive, Russlynn Ali has resigned from her federal post. Ali headed the Department of Education’s Office for Civil Rights and was the lead author of the Directive. Announced during a November 28 conference call, her resignation took effect two days later.

In his Duke Law Review article, Matthew Triplett chided the federal mandate for its “fatally inadequate discussion” and “unacceptable” and “perverse” effects on due process. Triplett called on the Department of Education to issue guidance clarifying the constitutionally or contractually defined due-process rights of the accused: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3362&context=dlj

On August 24, 2011, Stop Abusive and Violent Environments (SAVE) wrote a letter to the Department of Education, citing the policy’s systematic disregard of due process and calling for its repeal: http://www.saveservices.org/wp-content/uploads/OCRLetter.pdf

Twelve other groups, including the American Association of University Professors, Foundation for Individual Rights in Education, and the National Association of Scholars have come out in opposition to the Sexual Assault Directive, also known as the April 4, 2011 Dear Colleague Letter: http://www.saveservices.org/camp/complaints/

To date, nearly 90 editorials have criticized the Directive for ignoring civil rights, removing the presumption of innocence, and fostering false allegations: http://www.saveservices.org/camp/ded-editorials/

“Over the past 20 months, students have been unfairly accused and wrongfully expelled from colleges across the country,” notes SAVE spokesman Chris Thompson. “These false allegations have impugned the reputations of the innocent, compromised the credibility of true victims, and upended basic notions of fairness and justice.”

Writing in The Atlantic, civil rights expert Wendy Kaminer has described the federal Sex Assault Directive as rooted in an “authoritarian impulse.” http://www.theatlantic.com/national/archive/2011/04/sexual-harassment-and-the-loneliness-of-the-civil-libertarian-feminist/236887/

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

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PRESS RELEASE: College Administrators, Lawmakers Urged to Probe Loss of Presumption of Innocence

Post author By saveadmin
Post date December 5, 2012

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

College Administrators, Lawmakers Urged to Probe Loss of Presumption of Innocence

WASHINGTON/ December 5 – Following the recent release of the Ken Burns documentary, The Central Park Five, Stop Abusive and Violent Environments (SAVE) is calling on college administrators and lawmakers to identify and remove policies and procedures that erode and remove the presumption of innocence for persons accused of sexual assault.

The presumption of innocence has long been viewed as fundamental to our nation’s legal system. But ongoing reports of wrongfully expelled students and persons falsely incarcerated for sexual assault suggest the loss of the presumption is widespread, SAVE says.

1. On college campuses, the Department of Education’s Sexual Assault Directive continues to stir debate. To date, nearly 90 editorials critical of the policy have called for the restoration of due process: http://www.saveservices.org/camp/ded-directive/ded-editorials/

2. A recent Department of Justice funded analysis of DNA samples conducted concluded that one out of 10 rape convictions are wrong: http://forensicpsychologist.blogspot.com/2012/07/groundbreaking-research-one-out-of.html

3. The National Registry of Exonerations reports that over a 25-year period, 203 persons were exonerated who had been wrongfully convicted of sexual assault of an adult. Nine had been handed life sentences for a crime they did not commit: http://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf.

SAVE points to a proposed federal law that would further erode basic due process. S. 1925, which is currently being debated in the Senate, would expand the definition of sexual assault to encompass, “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.”

“Over the years, state laws have eliminated the requirement for corroboration of allegations of sexual assault. As a result, men like Brian Banks have been convicted and imprisoned, even though there was no DNA, no witnesses, and no forensic evidence,” notes SAVE spokesman Phillip Kuhn. “That’s a legal and moral travesty that must not be allowed to continue.”

SAVE notes that every false allegation and wrongful conviction erodes the credibility of real victims, and wastes scarce criminal justice resources.

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

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PR: Former Federal Attorney Calls Dept. of Education Sex Directive ‘Unlawful’

Post author By saveadmin
Post date October 29, 2012

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

Former Federal Attorney Calls Dept. of Education Sex Directive ‘Unlawful’

WASHINGTON/ October 29 — A former federal attorney has accused the U.S. Department of Education (DED) Sexual Assault directive as being unlawful and unconstitutional. Civil rights attorney Hans Bader notes the Department’s sexual assault order “illegally legislated through administrative fiat and undermined due-process safeguards.”

The new directive not only overturns decades of campus procedures for dealing with claims of sexual impropriety, but contradicts numerous decisions by the U.S. Supreme Court, Bader asserts. Bader’s legal analysis, Education Dept. Unlawfully Changes Burden of Proof in College Sexual Harassment Cases, can be viewed here: http://www.cotwa.info/2012/09/univ-of-north-carolina-rides-roughshod.html

Under the mandate, sometimes referred to as a “Dear Colleague Letter,” all colleges that receive federal funding must weaken their due process protections for any student charged with sexual impropriety. Universities must now judge the accused according to the lowest standard of evidence in American law – preponderance of evidence – or risk losing its federal funding.

In Ohio, Xavier University basketball star Dezmine Wells was recently expelled under the new standard, despite the fact that a local prosecutor who investigated the case called it one that “wasn’t even close.” The grand jury agreed with the prosecutor’s conclusion, but Wells was still banned from the school, with Xavier U. citing the federal directive as the reason.

“The Department of Education’s policy places the burden of proof on the accused and diminishes the presumption of innocence,” notes SAVE spokesman Steve Blake. “The DED directive turns institutions of higher learning into modern day Star Chambers in which conviction becomes nearly a foregone conclusion.”

The Sexual Assault Directive has been strongly criticized in over 80 editorials: http://www.saveservices.org/camp/ded-directive/ded-editorials/

Cornell law professor Cynthia Dawson notes the federal mandate is “not an administrative regulation, has not been subjected to notice and comment, and thus does not have the status of law.”

For more information, see SAVE’s Special Report, “An Assault on Our Civil Rights:” http://www.saveservices.org/wp-content/uploads/SAVE-Assault-Civil-Rights.pdf

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

Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Press Release Sexual Assault Wrongful Convictions

PR: Bogus Claims Cheat Victims: SAVE Urges Colleges to Hold False Accusers Accountable

Post author By saveadmin
Post date October 4, 2012

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

Bogus Claims Cheat Victims: SAVE Urges Colleges to Hold False Accusers Accountable

WASHINGTON/ October 4, 2012 – Following release of a federal sexual assault mandate, a growing number of college students are being falsely accused and wrongfully expelled on charges of rape. Stop Abusive Violent Environments (SAVE), a victim advocacy organization, is calling on colleges to hold false accusers accountable for their wrong-doing.

At Yale University, University of Connecticut, Xavier University, University of North Dakota, and elsewhere, students have faced false rape charges. In some cases, prosecutors later dismissed the case and even charged the “victim” with perjury. http://www.saveservices.org/wp-content/uploads/U.-Montana-Ltr..pdf

Last week, the University of North Florida reported that the problem of bogus charges has reached the point that campus police now require false accusers to reimburse for investigators’ time. Four wrongful rape accusations have been filed at the Jacksonville, Fla. college in the past year. http://unfspinnaker.com/4-false-police-reports-in-past-calendar-year-reap-steep-consequences/?utm_source=rss&utm_medium=rss&utm_campaign=4-false-police-reports-in-past-calendar-year-reap-steep-consequences

False sex assault accusations squander scarce police services, cause investigators to treat true victims with suspicion, and ultimately cause future victims not to report crimes for fear they will be doubted, SAVE believes.

A growing number of judges, attorneys, and victim advocates are speaking out on the damage caused by false accusations: http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/

“Colleges must hold false accusers accountable for the immense harm they do to victims of sexual assault,” says SAVE spokesman Steve Blake. “As long as the Education Department’s unlawful directive is in place, colleges must discipline the false accusers — or else force victims to suffer in silence.”

The Department of Education’s 2011 Sexual Assault Directive mandates far-reaching changes in how college disciplinary committees adjudicate sexual assault claims.

In a recent analysis, Hans Bader, former attorney at the U.S. Department of Education, charges the federal directive has “undermined due-process safeguards” and that the “attack on cross-examination undermines accuracy in campus disciplinary proceedings.” http://collegeinsurrection.com/2012/09/education-dept-unlawfully-changes-burden-of-proof-in-college-sexual-harassment-cases/

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

Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Sexual Assault Wrongful Convictions

PR: SAVE Calls on Dept. of Education to Rescind ‘Flawed’ Sexual Assault Policy

Post author By saveadmin
Post date September 5, 2012

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

SAVE Calls on Dept. of Education to Rescind ‘Flawed’ Sexual Assault Policy

WASHINGTON, Sept. 5, 2012 (GLOBE NEWSWIRE) — College students across the nation are now returning to campuses where student civil rights are being curtailed by a new sex assault mandate issued by the U.S. Department of Education (DED), says SAVE.

SAVE, a victim-advocacy organization, worries the new federal requirements will invite a rash of false allegations, ultimately harming the credibility of true victims and dissipating needed services for victims.

In April of 2011 the DED Office for Civil Rights issued its “Dear Colleague” letter that imposed new standards on collegiate sexual assault proceedings. The letter was issued without prior opportunity for public notice and comment.

Under the new policy, the definition of sexual assault is expanded and the defendant barred from cross-examination of the accuser. Rather than the usual “reasonable doubt” standard used in courts of law, colleges are now mandated to use the 50.1% “preponderance of evidence” standard when adjudicating claims of sexual assault.

Following release of the Directive, a number of high-profile cases have been reported across the country: http://www.saveservices.org/falsely-accused/sex-assault/civil-liberties-took-a-beating/

— At the University of Virginia, it was announced that a student accused of rape could not be represented by legal counsel.

— At Yale University, quarterback Patrick Witt lost his opportunity to win a Rhodes Scholarship because the university convened an “informal” judicial proceeding that conducted secret deliberations. Witt was never afforded the chance to respond to the allegations made against him.

— At Brown University, the daughter of a powerful university benefactor manipulated the administration’s judicial proceedings to contrive the expulsion of a fellow male student. He later sued and settled for an undisclosed amount.

“Allegations of criminal conduct should be left to the criminal justice system,” says SAVE spokesman Michael Thompson. “The Education Department must revoke its flawed sex assault mandate and restore the presumption of innocence at colleges and universities.”

The American Association of University Professors and 12 other organizations have called for removal of the policy: http://www.saveservices.org/falsely-accused/sex-assault/complaints/ Over 65 editorials have criticized the federal mandate as unduly restricting due process rights: http://www.saveservices.org/camp/ded-editorials/

SAVE has created a petition for persons who wish to express their dissatisfaction with the policy: www.accusingu.org.