Category: Due Process

63 Organizations Urge Congress to Halt the Weaponization of Title IX

Post author By Edward Bartlett
Post date January 25, 2023

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

63 Organizations Urge Congress to Halt the Weaponization of Title IX

WASHINGTON / January 26, 2023 – Sixty-three leading organizations today are calling on Congress to take strong measures to stop the proposed overhaul of Title IX, the law that was designed to curb sex discrimination in schools. 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 (1).

The letter notes that Title IX activists also are seeking to “marginalize the role of parents, promote gender transitioning among minors, make a mockery of fairness in women’s sports, and curtail free speech and due process.”

The letter urges Congress to therefore undertake the following actions:

Pursuant to H. Res 12, SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT, investigate how the U.S. Department of Education has collaborated with private sector and non-profit entities to alter the regulatory definitions of “sex” and “sexual harassment,” with the aim of changing the foundational legal definition of “sex” and infringing on First Amendment free speech rights.
Reduce the appropriations to the U.S. Department of Education’s Office for Civil Rights (OCR) by $25 million.
Conduct hearings on experimental medical practices involving gender transition of under-age children, e.g., puberty blocking drugs, opposite-sex hormones, breast removal, and castration.
Vigorously oppose passage of the Students’ Access to Freedom and Educational Rights (SAFER) Act, introduced in December 2022.
Oppose legislation that seeks to expand definitions of “sexual harassment,” promote “trauma-informed” investigations, or seek to weaken free speech, due process, or the presumption of innocence.
Work for the passage of the following legislation:
1. Parents Bill of Rights Act
2. Protection of Women and Girls in Sports Act
3. Campus Free Speech Restoration Act
4. Campus Equality, Fairness, and Transparency Act

A SAVE public opinion poll reveals strong public support for these actions (2).

The 63 organizations are members of the Title IX Network (3). The letter to Congress can be viewed online (4).

Links:

Due Process

Compelled Compliance: Resisting the Istanbul Convention

Post author By Edward Bartlett
Post date January 19, 2023

Compelled Compliance: Resisting the Istanbul Convention

Sean Parker

January 19, 2023

When David Bowie as Ziggy Stardust in the early 1970s and Prince in the 80s played so entrancingly with what were then called gender roles, surely not even those astute seers of pop culture could have foreseen how thoroughly some of their young viewers and listeners might take it to heart.

Wasn’t it all just a silly phase they were going through? Tens of thousands of sex change operations later, many regretted, many not, the worlds of right and wrong, good and bad, and male and female are being gradually turned on their heads. By the back door however, because many populations resist this unmandated reframing of nature as a commercial life choice, while the ever-resourceful activists are aware there is more than one way to skin a cat. Give them control of a nation’s most popular Twitter accounts and they care not who makes its laws.

The Istanbul Convention is a document that approaches the issues of domestic violence in an extremely ideological way. The risk of the legal sanctioning of the concept of ‘third gender’ (recently rejected by Switzerland) is implicit. The definition of the term gender in the Istanbul Convention fully corresponds to the views expressed by the representatives of extreme feminism.

The agreement also emphasises that since gender roles are social constructs, they are not biologically determined. The assumptions of the theory of gender are based on classical Marxist concepts. According to many adherents to Marxism, conflict is inscribed in the very nature of historical phenomena, and determines the development of social life. Such a concept is based on the belief that social relations are based on antagonisms, with everything reduced to inter-power dynamics.

According to the Marxists, all the existing ethical, moral, legal and religious norms – referred to as the ‘superstructure‘ – serve to petrify existing socio-economic relations, known in Marxist literature as the ‘base‘. The gender theory adopted the perception of the family as a place of oppression from the ideology that forms its basis – i.e. radical feminism – especially from its ‘Second’ and ‘Third-Wave’. Genderism belongs to the broader category of neo-Marxist ideologies. From the philosophical point of view, this ideology is classified as one of the postmodern concepts.

Political activists have long known to set any aim as putatively impossible, and negotiate down from there. Now, however, the establishment is run by those who used to activate in opposition: the establishment is now the woke orthodoxy. Thus, concepts such as third gender, which the people of Scotland opposed while the Scottish National Party tried to ram it through, are introduced in cleverly worded clauses and legal loopholes, problems to sort out later, once the new progressiveness is supposedly established. This is a political tactic passed directly from the Bolsheviks to Tony Blair, stretching the baton arm across the length of the 20^th century.

Sexual assault statistics are being intentionally increased by Operation Soteria in the UK, a partnership with US for-profit Soteria Solutions, a company responsible for destroying thousands of young men’s lives in that country off the back of the ‘campus rape’ hysteria. For the past decade this has been pushed and litigated by radical feminist academics including Stanford professor Michele Dauber, currently under investigation for online harassment.

The Istanbul Convention will extend this spirit of one-eyed vitriol to the sphere of domestic violence, which thorough research tells us is promulgated in a half of cases by women, and is frequently at its most virulent in female same-sex couples. And all of the messaging is anti-male. This is societal demonisation brought on by ideological hate, going on only one direction: female to male, the consequence of fifty-plus years of rabid histrionics.

Hiding subtle, difficult to legally challenge social changes in law is essentially mendacious and undemocratic, power exercised by stealth, and in bad faith since their designers know they won’t command the support of the people who may have voted them in for very different reasons. By the time they get to vote them out, the damage is done, and the social change embedded (if still wildly unpopular). Third genderism, along with all the other anti-male domestic violence and anti-instinct moves currently threatening mainstream society, is doomed to fail due to the toxic activism of those promulgating it.

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’

Post author By Edward Bartlett
Post date January 18, 2023

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:

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)
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)
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)
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)
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)
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)
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:

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

Post author By Edward Bartlett
Post date January 12, 2023

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:

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).
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)
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:

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).
Curb wasteful spending by government agencies, such as the Department of Education (10).
Advance the Parents’ Bill of Rights (11).
Defend fairness by ensuring that only women can compete in women’s sports (12).
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:

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

Post author By Edward Bartlett
Post date December 20, 2022

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):

57% of Americans oppose revamping the Supreme Court’s definition of “sexual harassment.”
63% of Americans oppose changing the definition of “sex” to include “gender identity.”
71% of Americans oppose transgender participation in women’s sports.
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:

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

Post author By Edward Bartlett
Post date December 15, 2022

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:

Domestic Violence Due Process False Allegations Law & Justice Legal

Families in Bermuda Are Being Harmed by the UN’s Domestic Violence Policies

Post author By Edward Bartlett
Post date December 6, 2022

Families in Bermuda Are Being Harmed by the UN’s Domestic Violence Policies

Edward M. Tavares

Co-founder, ChildWatch Bermuda

Bermuda is part of United Kingdom’s commonwealth as an overseas dependent territory. We are sharing our concerns about the status of shared parenting and domestic violence policies.

Shared Parenting

According to Bermuda’s last statistical family type release in May 31, 2006, 85% of custody of children post-divorce and separation was held by women. How can 85% of fathers be relegated to visitor status by the courts because their marriage failed? Most studies show these divorce decisions are made unilaterally by women.

Continuous violation exists with respect to the UN Declaration on the Rights of the Child, which states in Article 9:

Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, and that
Such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately, and a decision must be made as to the child’s place of residence.
Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

However, fathers have been relegated to visitor status for decades in regard to custody of their children after divorce or separation by the courts, most times without any investigations or due process. This can cause violations of the European Human Rights, Article 8 of the Convention– Right to respect for private and family life:

“Everyone has the right to respect for his private and family life, his home and his correspondence.”

One father went to court for 28 years trying to obtain custody and to defend his parental rights. Meanwhile, he lost his house, bank accounts, etc., while having to obtain 14 lawyers and achieving little remedy in the court. This abuse of the law constitutes as legal administrative abuse and coercive control, requiring that the father must conform and comply with their demands.

The biases of the Courts and family Counsellors, Department of Child and Family Services, apparently see only mothers as viable caregivers. These injustices are usually compounded by many local organizations with the power of the Bermuda Police Services, while threatening and harassing letters are sent out without any investigations to many fathers to order them to conform to the demands which often are contrary to Court orders in place. We believe that these letters are just to gain higher status and finances, within society, and garner sympathy from politicians/legislators.

Prior to 2002 we had six men paying support for a child that was not theirs. We at ChildWatch advocated for legal changes as unwed fathers were not able to take proceedings against mothers, nor were allowed DNA testing for paternity fraud, according to “The Affiliation Act, 1976.” One father found out that he wasn’t the father 17 years later, and a few others learned the truth 14 years later.

In 2006, one accused father was denied DNA testing even after it was implemented into law in 2002. The Judge refused DNA testing on the false claim of the mother that he was the father. After three years having gone to prison as ordered by the court, we lobbied to have him tested. Eventually this father was granted permission, and the results revealed that he was not the biological father. This ruined his life, having lost his job, and was considered unemployable, and unacceptable to society.

Many fathers suffer from not only losing their children, but also losing their homes and finances in the struggle for their children’s benefit. Following a divorce, a parent may engage in behaviors that serve to alienate the child from the other parent. In an attempt to cover up the alienating behavior, the alienating parent may then falsely accuse the target parent of child abuse.

Bermuda’s prison inmates come largely from fatherless homes. Poor education attainment, and dropping out, teen pregnancy, drug abuse, alcohol, behavioral problems, gang culture, and deaths by murder are more customary to male victims who come mostly from fatherless homes.

Policies of the United Nations

The World Health Organization reports that men are far more likely to die of violence-related causes than women, for the following age groups (death rates 100,00 population):

• 5-14 years: Male: 1.7; Female: 1.0

• 15-24 years: Male: 57.7; Female: 8.1

• 25-34 years: Male: 92.3; Female: 10.3

• 35-54 years: Male: 70.6; Female: 6.5

• 55-74 years: Male: 29.5; Female: 3.3

Overall, the WHO reveals that men are eight times more likely than women to die of violence-related causes.

The UN report, “A Gendered Analysis of Violent Deaths”, similarly concluded, “Globally, men and boys accounted for 84 per cent of the people who died violently in 2010–15.” Clearly, violence against men represents a greater problem than violence against women.

Regarding domestic violence, a compilation of 343 scholarly investigations concluded that “women are as physically aggressive as men (or more) in their relationships with their spouses or opposite-sex partners.” These studies were conducted on a broad range of racial, ethnic, and socio-economic groups in 40 different countries.

ChildWatch Bermuda has great concerns regarding the UN Women’s position paper to “Eliminate Domestic Violence Against Women and Girls.” Our concern is that there is no mention of the “Elimination of Domestic Violence Against Men and Boys” included. Studies show that men suffer equally as women from domestic violence.

An analysis of Resolution A/77/302: Intensification of Efforts to Eliminate All Forms of Violence Against Women and Girls by the Domestic Abuse and Violence International Alliance on October 17, 2022 reveals substantial bias against male victims.

Domestic Violence During the COVID Pandemic

On March 23, 2020 the U.S.-based National Task Force to End Sexual and Domestic Violence issued an alert with this startling claim: “Survivors of domestic violence and sexual assault are facing extreme danger and risk.” Likewise, UN Women declared a “shadow pandemic of violence against women and girls” which would result from lockdowns across the world.

These alerts did not provide any evidence to support their claims. Subsequently, a wave of media accounts predicted an imminent “spike” and “spurt” of abuse, often featuring heart-rending — but unsubstantiated — anecdotes.

But the predicted catastrophe never happened. Numerous independent analyses of hotline calls, police calls for service, and crime statistics, both in the United States and abroad, concluded that overall, there was no increase in domestic violence or sexual assault, and some locales saw a decrease.

The U.S. National Domestic Violence Hotline reports on the number of answered calls, chats, and texts received each year since 1996. The graph from the most recent report reveals the number of answered inquiries in 2020 was 363,000, which is the same number as in 2018. Clearly, there was no “spike” or “surge” in the number of abuse calls during the COVID pandemic.

Imposed Separation Communication breakdowns are inherent in human relationships. In years past, police officers encouraged the parties to temporarily separate and make amends. But now, any marital tiff can be considered to be domestic “abuse.” Today, we have instituted mandatory-arrest laws, even when short-term separation and counseling for the parties would be the more appropriate measure.

Conclusion

These are just a few examples of the many injustices seen in Bermuda. We would like to thank you for taking the time to review and consider our concerns. Hopefully, we can reach a viable solution against domestic abuse for men and women, including boys and girls.

In addition, I will be happy to set up a telephone call to answer any questions you may have. Thank you for your attention to this matter of importance.

Due Process Legal

An Important Message to Members from Brett A. Sokolow

Post author By Edward Bartlett
Post date October 31, 2022

An Important Message to Members from Brett A. Sokolow

Brett Sokolow, JD

October 25, 2022

Dear Members,

I am writing to you about an important matter and our desire to be transparent about it to all of you. You have shown great trust in us as an association and I want to reflect that same trust with each of you.

I know that some of you pay attention to ATIXA governance, and others of you don’t or are unfamiliar with our structure. ATIXA is managed by the firm TNG Consulting, LLC

Three years ago, I stepped out of the CEO role at TNG to focus almost all of my time and energy on ATIXA. TNG hired Marti Kopacz as CEO, because of her background in accounting and finance. We were very pleased to be led by a strong, capable woman who had led other consulting ventures successfully. In September, we had to part ways with Marti, and I have stepped back in to serve as Chair the newly-created TNG Management Committee, in addition to my role Chairing the ATIXA Advisory Board, a position I have held since our founding in 2011.

These shifts helped motivate the staff changes at ATIXA that were announced last month. These are seen as positive changes internal to TNG, but all change like this is disruptive for any organization. Now Marti has enhanced that disruption by filing a lawsuit against TNG and me in federal court. She alleges that she was a whistleblower to various forms of misconduct within TNG. We strongly dispute her allegations, so I suppose she is attempting to leverage a settlement by trying to embarrass us. Every organization has personnel challenges, and now ours are being made public.

In response to Marti’s allegations, I will simply share with you that TNG is subject to a rigorous external audit every single year, by BakerTilly. TNG has been given clear audits every single year, which should shed considerable light on the validity of Marti’s claims.

While I will not discuss the reasons for Marti’s separation here, they will become clear once we file our defense to the suit.

TNG and ATIXA are honorable organizations that operate with integrity. Her claims relate only to TNG, and do not pertain to ATIXA in any way.

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

Post author By Edward Bartlett
Post date October 22, 2022

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:

Bills Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors.’

Post author By Edward Bartlett
Post date October 10, 2022

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors,’ For the Fifth Time

WASHINGTON / October 10, 2022 – Basic principles of “due process” on campus are being challenged by a growing number of frivolous and false Title IX complaints. Despite these developments, Congressional lawmakers introduced last week the Campus Accountability and Safety Act, a bill that does nothing to shore up due process protections.

Due process, enshrined in the Fourteenth Amendment to the Constitution, serves to protect innocent citizens from false accusations. But a review of recent Title IX complaints reveals that female students increasingly are resorting to Title IX as a weapon to settle old scores.

For example, Clemson University student Erin Wingo initiated a sexual encounter with a male acquaintance. But worried that her boyfriend might learn of the tryst, Wingo fabricated an allegation of sexual assault. A South Carolina jury later awarded the male student $5.3 million for defamation (1).

In another case, the male student was taking a medication that precluded his ability to have intercourse— but that did not deter an accusation of “rape” from being filed by the female student. In other recent complaints, there is no allegation of intimate sexual contact. Rather, the complaint centers around vague and unverifiable claims of “harassment.”

In addition, recent developments reveal that certain groups are seeking to roll back fundamental due process protections:

The Department of Education released a draft Title IX regulation in June that was widely criticized for its removal of key due process protections. One letter from 19 state Attorneys General charged, “The Proposed Rule threatens to destroy Title IX.” (2)
The presumption of innocence has long been seen as the bedrock to due process (3). Nonetheless, 12 Democratic Senators submitted a letter calling on the Department of Education to remove any ”presumption that the respondent is not responsible for sex discrimination until a determination is made.” (4) This extreme position provoked the ire of leading liberal commentators (5).

Ignoring these worrisome threats to due process, last week federal lawmakers introduced the Campus Accountability and Safety Act (6). The bill had been introduced, unsuccessfully, in four previous sessions of Congress (7).

The House bill was co-sponsored by Representatives Carolyn Maloney and John Katko, neither of whom will be serving in Congress next year. Announced five weeks before the highly contested November 8 elections, the bill has little chance of being passed into law in the current session of Congress.

“The truth is that there is no crisis in sexual assault on campus,” notes a leading Title IX attorney. “Title IX teaches women to blame the guy instead of accepting her share of responsibility for the failed relationship.”

Citations: