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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

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

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Accusing U. Campus Discrimination False Allegations Law Enforcement Prosecutorial Misconduct Sexual Assault Training Wrongful Convictions

PR: SAVE Charges Univ. of Montana with Neglect of Due Process in Sex Cases

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

 

SAVE Charges Univ. of Montana with Neglect of Due Process in Sex Cases
Washington, DC/September 12, 2012 — The University of Montana has implemented new policies that are removing key civil rights from students accused of sexual assault, according to a letter sent today to the university’s president by Stop Abusive and Violent Environments.

SAVE, a victim advocacy organization, says the new procedures will foster false allegations, thus squandering scare resources and weakening the credibility of victims. A growing number of judges and others assert false allegations harm victims (1).

In March the University of Montana issued a Sexual Assault Report that equated accusers with victims, thus weakening the presumption of innocence for the accused. The document also sidestepped the problem of false allegations.

The University’s efforts to educate students about sexual assault convey a distorted picture, the SAVE letter also charges. The videos claim that only 2% of rape accusations are false. But a legal analysis of that claim concluded the 2% false-rape figure “has no basis in fact” (2).

The university-approved videos teach students that “guilt-tripping” before sex constitutes sexual assault — an idea that weakens the notion of rape as a reprehensible and tragic crime, SAVE says.

“Rape victims often say they do not report the crime because they worry law enforcement will not take their claim seriously,” explains SAVE spokesman Steve Blake. “The University of Montana’s policies serve to trivialize the meaning of rape, encourage false allegations of sexual assault, and ultimately harm true rape victims.”

SAVE is requesting the university to remove the misleading videos from its website and restore the presumption of innocence in sex assault cases.

Some of the University of Montana’s new policies are based on a Sexual Assault Directive from the U.S. Department of Education. The American Association of University Professors and 12 other organizations have called for removal of the federal policy (3). Over 65 editorials have criticized the mandate as unduly restricting due process rights (4).

The University of Montana letter is available on the SAVE website (5).

(1)   http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/
(2)   Greer E. The truth behind legal dominance feminism’s “two percent false rape claim” figure. 33 Loyola of Los Angeles Law Review 947 (2000)
(3)   http://www.saveservices.org/falsely-accused/sex-assault/complaints/
(4)   http://www.saveservices.org/camp/ded-editorials/
(5)   http://www.saveservices.org/wp-content/uploads/U.-Montana-Ltr..pdf

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

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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

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.

Categories
Civil Rights Domestic Violence False Allegations Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Violence Wrongful Convictions

PR: Prosecutorial Misconduct: SAVE Expresses Concern Over Delays in Resolving Charges Against ADA Mary Kellett

PRESS RELEASE

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

Prosecutorial Misconduct: SAVE Expresses Concern Over Delays in Resolving Charges Against ADA Mary Kellett

WASHINGTON /August 29, 2012 — Following postponement of a scheduled hearing to adjudicate charges against Mary N. Kellett, Stop Abusive and Violent Environments (SAVE) is calling on the Maine Board of Overseers to avoid further delays in resolving charges of prosecutorial misconduct by Assistant District Attorney Kellett of Ellsworth.

Kellett’s disciplinary hearing, originally scheduled for August 30-31 in Bangor, has been postponed to a future unknown date.

Victim advocacy group SAVE has identified numerous instances in which Kellett has charged persons for rape, even though the allegations were improbable and the case lacked probable cause. Each false allegation of rape squanders scarce services and protections, and undermines the credibility of future rape victims, SAVE says.

In 2011, SAVE filed a Grievance Complaint with the Maine Board of Overseers of the Bar.[1]

The Complaint charged that Kellett had engaged in prosecutorial misconduct against Vladek Filler[2]
and other men in Hancock County.[3]

The Complaint concluded Kellett’s conduct was “dangerous to the even-handed administration of justice” and her acts justify “disbarment – in order to assure the safety and tranquility of the citizens of Maine.”

In response to the SAVE Grievance Complaint, the Board of Overseers of the Bar launched an investigation.

The Board’s report, released on April 6, 2012 charged that Kellett violated nine rules[4] of professional conduct by not providing defense with requested discovery, violating court orders, instructing police officers not to cooperate with defense subpoenas, and making “misrepresentations to the jury of the actual facts.”

Bar Counsel J. Scott Davis concluded Kellett “has acted in a manner unworthy of an attorney” and “should receive such appropriate disciplinary action as is provided for by the Maine Bar Rules.” [5]

The Kellett case has attracted widespread national attention. Texas attorney Robert Franklin has argued that “Kellett’s conduct of her prosecution of Vladek Filler was truly egregious.” [6]

Columnist Carey Roberts opined, “Now in Maine, a man can be…prosecuted for rape with the flimsiest of evidence.”[7]

SAVE spokesperson Michael Thompson says, “According to the ethical code of the Maine Board of Overseers of the Bar, prosecutors are held to a higher standard because they represent the power of the State. Compared to Michael Nifong, prosecutor in the infamous Duke lacrosse scandal, Mary Kellett engaged in more egregious forms of evidentiary suppression and misrepresentation. For these reasons, she must be disbarred.”

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

[1] http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
[2] http://www.saveservices.org/2012/08/pr-one-perjurer-one-unethical-prosecutor-one-wrongful-conviction-save-calls-on-judge-to-vacate-conviction-of-vladek-filler/
[3] http://www.fillerfund.com/index.htm
[4] http://fenceviewer.com/site/index.php?option=com_k2&view=item&id=75933:hearing-scheduled-on-complaint-against-assistant-da&Itemid=938
[5] http://www.saveservices.org/wp-content/uploads/Kellett-Disciplinary-Petition.pdf
[6] http://www.fathersandfamilies.org/2012/07/01/ada-kellett-strikes-out-in-two-more-cases/
[7] http://www.renewamerica.com/columns/roberts/100201

Categories
Child Custody Domestic Violence False Allegations Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Violence

PR: One Perjurer, One Unethical Prosecutor, One Wrongful Conviction. SAVE Calls on Judge to Vacate Conviction of Vladek Filler

PRESS RELEASE

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

One Perjurer, One Unethical Prosecutor, One Wrongful Conviction. SAVE Calls on Judge to Vacate Conviction of Vladek Filler

Washington, DC/August 13, 2012 — Victim advocacy group Stop Abusive and Violent Environments (SAVE) is calling on Judge Robert E. Murray to vacate the conviction of Vladek Filler for allegedly pushing his wife Ligia Filler in April 2007.  The custodial father of two children has been sentenced to 21 days in jail. The conviction follows five years, two criminal trials and appeals involving prosecutorial misconduct.

The charges stemming from Filler’s child custody dispute ranged from spousal rape to splashing water on his wife.  The 1st trial court and Maine Supreme Court found prosecutor Mary N. Kellett had engaged in misconduct.  The divorce court granted Filler sole custody of his children, found his wife made false allegations and was a violent child abuser. But prosecutor Kellett announced Filler will still be re-prosecuted for the same claims which failed in the 1st trail and dismissed in District Court findings.

In 2011 SAVE filed a Grievance Complaint[1] with the Board of Overseers of the Bar (BOB) demanding Kellet’s disbarment.  Bar Counsel J. Scott Davis in an 18-page Disciplinary Petition[2] charged that Kellett “has acted in a manner unworthy of an attorney,” violated nine rules[3] of conduct, failed to provide defense with discovery, violated a court order, and instructed police officers not to cooperate with defense subpoenas.  Davis stated that Kellett then made “misrepresentations to the jury of the actual facts”, and concluded “she should receive such appropriate disciplinary action as is provided for by the Maine Bar Rules.”

In a Washington Times editorial Michael Conzachi wrote “I do not believe that the sanctions are sufficient and Ms. Kellett should face federal criminal civil rights violations as well. Mr. Filler, who has been trapped in a nightmare of a family-law case filled with false allegations of child abuse and sexual abuse, has been subjected to violations of his civil rights.”[4]

Indeed, Filler’s retrial, evidence used to convict him, and the harsh punishment need further investigation since Filler is a substantiated victim of serious prosecutorial misconduct.[5]  “Men who have no criminal record get a fine or an afternoon DV class for allegations like this. Not only did the judge sentence Vladek to jail, he sentenced him to 21 days,” says SAVE spokesperson Philip W. Cook, “It was all very personal and had nothing to do with what they convicted him of.”

The BOB will convene a disciplinary hearing against Kellett for misconduct in the Filler case. SAVE calls for Kellett’s disbarment and vacation of Vladek Filler’s conviction and sentence.

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

[1]  http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
[2] http://www.saveservices.org/wp-content/uploads/Kellett-Disciplinary-Petition.pdf
[3] http://fenceviewer.com/site/index.php?option=com_k2&view=item&id=75933:hearing-scheduled-on-complaint-against-assistant-da&Itemid=938
[4] http://www.washingtontimes.com/news/2012/aug/8/prosecutorial-persecution-in-maine
[5] http://www.fathersandfamilies.org/2012/04/12/me-bar-counsel-recommends-discipline-for-ada-mary-n-kellett

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False Allegations Press Release Violence Violence Against Women Act

PRESS RELEASE: Most Support Reform of Violence Against Women Act, SAVE Survey Shows

PRESS RELEASE

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

Most Support Reform of Violence Against Women Act, SAVE Survey Shows

Washington, DC/July 17, 2012 — A strong majority of registered voters participating in a national survey support reforming the Violence Against Women Act (VAWA). These persons support measures currently being debated in Congress that are designed to curb the waste, discrimination, and false allegations which are occurring under the current VAWA law.

Commissioned by Stop Abusive and Violent Environments (SAVE), a victim advocacy organization, the survey shows strong support for reform among key voting blocs including women, young people, and domestic violence victims themselves.

Nearly 7 in 10 respondents – 69.5% — support changing the existing law to curb waste and fraud. SAVE has previously documented the lack of fiscal oversight of federally-funded domestic violence programs: http://saveservices.org/pdf/SAVE-Accountability-and-Oversight.pdf

Strong majorities also support reforming VAWA to stem false allegations – 63.5% of persons surveyed — and discriminatory practices – 65.9% of respondents — that the law has allowed.

About 7 in 10 persons who are a victim of domestic violence or who personally know an abuse victim support the proposed changes. Notable among the survey’s results are the demographics that support VAWA reform:

  • Women participating in the survey are more likely than men to support reform of the Violence Against Women Act.
  • Individuals under the age of 50 are more likely to support VAWA reform than those who are older.
  • Republicans are more likely than Democrats to support reforms to reduce fraud, discrimination, and false allegations.

Survey respondents are not necessarily representative of all registered voters. The survey methods and detailed findings can be seen here: http://www.saveservices.org/campaign-2012/national-survey-on-vawa-reform/

“Even though we have begun the process of reform, America has a long way to go before true victims of domestic violence get priority and damaging false allegations come to an end,” says SAVE spokesman Philip W. Cook. “No one knows this better than the victims of domestic violence themselves.”

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

Categories
Domestic Violence False Allegations Law Enforcement Press Release Violence

PR: SAVE Applauds Justice Dept. Probe into Wrongful Convictions

PRESS RELEASE

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

SAVE Applauds Justice Dept. Probe into Wrongful Convictions

WASHINGTON / July 12, 2012 — Stop Abusive and Violent Environments (SAVE) welcomes the recent announcement that the Department of Justice and FBI are launching a probe of thousands of criminal cases to determine whether defendants were wrongly convicted. The news was highlighted in a recent Washington Post article: http://www.washingtonpost.com/local/crime/justice-dept-fbi-to-review-use-of-forensic-evidence-in-thousands-of-cases/2012/07/10/gJQAT6DlbW_story.html

Each year millions of dollars in prosecutorial resources are squandered on trivial and false cases of domestic violence, thus shortchanging real victims who deserve priority from the criminal justice system, SAVE believes.

One survey found that about two-thirds of prosecutors’ offices around the country have implemented so-called “no-drop” policies for domestic violence: http://www.saveservices.org/downloads/Unequal-Justice-in-the-Criminal-Justice-System. Such policies obviate the requirement of probable cause, and have resulted in innocent citizens being needlessly charged and wrongfully convicted.

In a recent high-profile case, high school athlete Brian Banks, wrongfully accused of rape, accepted a 5-year plea bargain, rather than face the uncertainties of a trial. Banks’ conviction was overturned in May after his accuser admitted on tape that the accusation was false.

Earlier this week, former Hofstra University student Rondell Bedward settled his lawsuit against false rape accuser Damnell Ndonye. Despite the existence of a video showing the sex was consensual, prosecutors had forced Bedward and 4 other accused men to be detained.

In 2011, SAVE filed a Grievance Complaint against Maine prosecutor Mary N. Kellett for multiple instances of prosecutorial misconduct: http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf. Kellett’s case will be heard August 30-31.

SAVE says the Violence Against Women Act, currently up for reauthorization in Congress, needs to add provisions that require prosecutors receiving VAWA funding to eliminate no-drop policies and enforce laws that ban perjury and false swearing.

SAVE is a victim-advocacy organization working for evidence-based solutions to domestic violence: www.saveservices.org

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False Allegations Press Release

PR: After Fake-Rape Video Goes Viral, SAVE Hosts False Allegations Summit

PRESS RELEASE

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

After Fake-Rape Video Goes Viral, SAVE Hosts False Allegations Summit

WASHINGTON, June 28, 2012  — Three weeks after release of a video of Wanetta Gibson confessing to a false claim of rape, Stop Abusive and Violent Environments is hosting a conference in Washington DC devoted to the problem of false allegations. The widely-viewed video was first aired during an NBC-affiliate news broadcast and then featured in a June 8 LA Times article: http://latimesblogs.latimes.com/lanow/2012/06/brian-banks-accuser-money-wanetta-gibson.html

The video features Gibson making the admission, “No, he did not rape me.” She also stated to Brian Banks, the man she had falsely accused, “I will go through with helping you, but it’s like at the same time all that money they gave us, I mean gave me, I don’t want to have to pay it back.”

The False Allegations Summit, to be held on June 30, will feature presentations and workshops on how to survive and prevent false allegations of abuse. Presenters include persons who have been wrongfully accused of abuse.

A recent report from the Urban Institute estimates that as many as 15% of people found guilty in sexual assault cases in Virginia had been wrongfully convicted: http://www2.timesdispatch.com/news/state-news/2012/jun/19/tdmain01-study-up-to-15-percent-of-va-sex-assault-ar-1997082.

“Almost daily we get reports of women who make false allegations, of men who are wrongfully arrested or expelled from college, and of persons who are exonerated after serving years in prison,” notes SAVE spokesman Philip Cook. “Alarm bells should be ringing, lawmakers should be holding hearings, and bar associations should be ordering ethics probes.”

Rape is No Joke, a victim advocacy group, has charged that “Enormous damages are done by making a false allegation of rape.” New York Post Andrea Peyser columnist laments that false accusations represent a “huge problem for future rape victims.” And Justice Enriques has decried that “False complaints of rape necessarily impact upon the minds of jurors trying rape cases.”

The conference location and schedule can be viewed here: http://www.saveservices.org/dvlp/annual-conference-2012/june-30-dvlp-meeting. Presenters will be available for interviews.

One in 10 persons has been falsely accused of sexual assault, domestic violence, or child abuse: http://www.saveservices.org/falsely-accused/survey. June is False Allegations Awareness Month.

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

Categories
Accusing U. Campus False Allegations Press Release Sexual Assault Victims

PR: As Victim Credibility Dwindles, SAVE Calls on Prosecutors to File Charges in Brian Banks False Rape Case

PRESS RELEASE

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

As Victim Credibility Dwindles, SAVE Calls on Prosecutors to File Charges in Brian Banks False Rape Case

WASHINGTON / June 26, 2012 – One month after revelations of Wanetta Gibson’s false rape accusation, Stop Abusive and Violent Environments (SAVE) is charging Los Angeles County prosecutors with unacceptable delay in filing perjury charges against Gibson. A vigorous prosecution of Gibson is critical to restoring the credibility of true rape victims, who often complain investigators with growing case loads don’t take their claims seriously, SAVE says.

Rape is No Joke, a victim advocacy group, has charged that “Enormous damages are done by making a false allegation of rape.” New York Post Andrea Peyser columnist laments that false accusations represent a “huge problem for future rape victims.”  And Justice Enriques has decried that “False complaints of rape necessarily impact upon the minds of jurors trying rape cases.”

Wanetta Gibson admitted to the false charge during a taped meeting with a private investigator. “No, he did not rape me,” she was quoted as saying. “I will go through with helping you, but it’s like at the same time all that money they gave us, I mean gave me, I don’t want to have to pay it back.”

Gibson and her mother had been paid $1.5 million by the Long Beach School District following their lawsuit for allegedly failing to provide adequate protections to prevent the assault.

Despite the judge’s decision, Los Angeles County prosecutor Brentford Ferreira said there were no plans to charge Gibson, saying it would be a difficult case to prove.

“Here we have a star athlete nearly broken by a false accusation, a $1.5 million pay-out, and a woman who admitted to wrong-doing,” notes SAVE spokesman Philip Cook. “Prosecutor Ferreira’s comment represents a slap in the face to real victims whose credibility is under assault.”

The rape conviction was overturned by a Long Beach, Calif. Judge on May 24. Minutes later a tearful Banks told media representatives, “There’s more than I can describe, the things I’ve been through and the things that I’ve endured.”

June is False Allegations Awareness Month. One in 10 persons has been falsely accused of sexual assault, domestic violence, or child abuse: http://www.saveservices.org/falsely-accused/survey/

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

Categories
Accusing U. DED Sexual Assault Directive False Allegations Sexual Assault

PR: Unblinding Lady Justice: SAVE Calls on Dept. of Education to Respond to Civil Rights Complaints

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

Unblinding Lady Justice: SAVE Calls on Dept. of Education to Respond to Civil Rights Complaints

WASHINGTON / June 19, 2012 – Over a year after the Department of Education issued its controversial sex assault policy, the federal agency has yet to respond to concerns about civil rights violations. Stop Abusive and Violent Environments renews its call to the federal agency to safeguard students’ rights rather than seek to curtail them.

The policy was issued by the Dept. of Education’s Office for Civil Rights on April 4, 2011 without prior opportunity for public comment or debate. On August 24, 2011, SAVE sent a letter to the DED requesting that the policy be rescinded: http://www.saveservices.org/wp-content/uploads/OCRLetter.pdf

In addition, 12 other organizations have issued statements opposing the directive. These groups include the American Association for University Professors, the Foundation for Individual Rights in Education, Alliance Defense Fund, Feminists for Free Expression, American Booksellers Foundation for Free Expression, Tully Center for Free Speech at Syracuse University, Accuracy in Media, Heartland Institute, American Council for Trustees and Alumni, National Association for Scholars, John William Pope Center for Higher Education Policy, and Defending Dissent Foundation: http://www.saveservices.org/falsely-accused/sex-assault/complaints/

In addition, over 50 editorials have criticized the mandate as removing fundamental civil rights from persons accused of sexual assault: http://www.saveservices.org/camp/ded-editorials/ Many worry that reducing due process protections will invite false accusations, robbing real victims of needed protections and credibility.

In a recent Brown University case, Marcella Dresdale accused a classmate of rape. The accused man, William McCormick, was forced to leave the university. McCormick later sued the accuser’s father, Richard Dresdale, a wealthy Brown donor, alleging the benefactor had interfered with the university’s investigative procedures, violating his due process rights. The Dresdales agreed to an out-of-court settlement, reportedly after McCormick had been offered $1 million.

“Over the past year, many leading groups have called on the DED to rescind its mandate that universities rely on the preponderance-of-the-evidence standard for sexual assault allegations,” notes SAVE spokesman Philip Cook. “But the federal Office of Civil Rights has yet to respond. Stonewalling these requests, and allowing false accusations of rape to continue, constitutes a parody of justice.”

June is False Allegations Awareness Month. According to a national telephone survey, one in 10 persons has been falsely accused of abuse: http://www.saveservices.org/falsely-accused/survey/

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