Category: False Allegations

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 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:

Bills Campus Department of Education Discrimination Domestic Violence False Allegations Free Speech Sexual Harassment Title IX

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

Post author By Edward Bartlett
Post date December 12, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

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

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

Definition of Sex

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

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

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

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

Definition of Sexual Harassment

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

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

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

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

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

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

SAVE urges lawmakers to strongly oppose the SAFER Act.

Links:

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.

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:

Campus Due Process False Allegations Sexual Assault Sexual Harassment Title IX

Falsely Accused Day Spotlights Growing Exasperation of Judges and Juries with Pernicious Problem that Affects 20 Million

Post author By Edward Bartlett
Post date August 26, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@endtodv.org

Falsely Accused Day Spotlights Growing Exasperation of Judges and Juries with Pernicious Problem that Affects 20 Million

WASHINGTON / August 29, 2022 – This past week, First Circuit Court Judge Bruce Selya issued a milestone ruling in a case involving an MIT student accused of nonconsensual sexual behavior (1). The opinion will allow accused students who contend the accusation is false to file a lawsuit using a pseudonym. Being publicly viewed as a “sex offender” can represent an impediment to such students claiming the university failed to uphold due process protections.

The decision represents the latest in a string of victories by accused students who initiate legal action against their former schools. Over the past decade, judges have ruled in favor of the accused student in 238 cases (2). Many of these cases have been compiled and summarized in the SAVE publication, “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation” (3).

In South Carolina, student Erin Wingo claimed she was a victim of non-consensual sexual assault. Wingo filed a complaint with the Clemson University Title IX office, resulting in the suspension of the alleged “rapist” from the school. After the suspension was finalized, Wingo’s boyfriend sent the accused student this revelatory text message: “You’re innocent. I lied in that hearing. Erin wanted to have sex that night.” The accused man then filed a defamation lawsuit against Wingo. On March 25, 2022, the jury announced a stunning $5.3 million award against the woman (4).

More recently, a Virginia jury awarded $15 million to actor Johnny Depp for defamatory claims of domestic violence made by Amber Heard in a Washington Post editorial (5).

The high dollar value of the South Carolina and Virginia awards reflects a growing public impatience with the widespread problem of false allegations. A 2020 national survey found that 8% of Americans — 11% of men and 6% of women — report being falsely accused of sexual assault, domestic violence, or child abuse. The 8% figure represents 20.4 million adults (6).

False allegations can have a range of serious consequences including loss of family relationships, social stigmatization, impairment of career opportunities, and mental health problems (7). In response, New York (8), Iowa (9), and California (10) have enacted laws designed to sanction false accusers.

Falsely Accused Day will be observed on Friday, September 9. Falsely Accused Day will be marked by events held in the United States (11) and in other countries around the world (12).

Citations:

Due Process False Allegations Legal Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Three Recent Appellate Decisions Raise the Bar for Procedural Fairness at Private Universities

Post author By Edward Bartlett
Post date June 20, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Three Recent Appellate Decisions Raise the Bar for Procedural Fairness at Private Universities

WASHINGTON / June 20, 2022 – Three recent appellate decisions highlight the growing number of judicial decisions against private institutions finding a lack of fairness in Title IX proceedings. The decisions were handed down during the past month against Denver University, Cornell University, and Harvard University.

In Doe v. University of Denver, the Colorado Court of Appeals made two findings against the school (1). First, the university’s Equal Opportunity Procedures were found to be sufficiently certain to be enforced under Colorado contract law. Second, “a private educational institution owes a duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when it investigates and adjudicates claims of sexual misconduct by one student against another.” (2)
In Vengalattore v. Cornell University, appellate Judge Jose Cabranes issued one of the most strongly worded judicial statements ever made in the Title IX context (3). Comparing campus disciplinary committees to the infamous English Star Chambers, the Judge warned gravely, “[T]hese threats to due process and academic freedom are matters of life and death for our great universities.” (4)
In Sonoiki v. Harvard University, the First Circuit Court of Appeals ruled last week on a breach of contract claim, reversing the decision of the district court (5). Following allegations of sexual misconduct against the man, the court chided the University, “Sonoiki reasonably expected the [Administrative] Board to conduct the proceedings in accordance with the procedures laid out in writing as well as in accordance with his fair interpretation of the contractual terms.” (6)

SAVE’s analysis of 170 judicial decisions reveals that each of the 27 major regulatory provisions in the 2020 Title IX regulation is consistent with at least one judicial decision (7). A recent SAVE survey found that 87% of Americans believe that colleges should uphold the presumption of innocence in Title IX proceedings (8).

Persons should urge the Department of Education to assure that its upcoming Title IX regulation assures fair procedures at all institutions of higher education. Contact Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus False Allegations Office for Civil Rights Title IX

Judge Jose Cabranes on Title IX

Post author By Edward Bartlett
Post date June 14, 2022

Judge Jose Cabranes on Title IX

‘The day is surely coming . . . when the Supreme Court will be able to assess the various university procedures that undermine the freedom and fairness of the academy in favor of the politics of grievance.’

Link: https://www.ca2.uscourts.gov/decisions/isysquery/ce4cef90-9788-4406-9a1e-09c8f499fb77/2/doc/20-1514_complete_opn.pdf

Judge Jose Cabranes of the Second U.S. Circuit Court of Appeals writing in Vengalattore v. Cornell, June 2:

I concur in the judgment of the Court and in Judge [Amalya] Kearse’s comprehensive opinion. I pause briefly to comment, in my own name, that, as alleged, this case describes deeply troubling aspects of contemporary university procedures to adjudicate complaints under Title IX and other closely related statutes. In many instances, these procedures signal a retreat from the foundational principle of due process, the erosion of which has been accompanied—to no one’s surprise—by a decline in modern universities’ protection of the open inquiry and academic freedom that has accounted for the vitality and success of American higher education.

This growing “law” of university disciplinary procedures, often promulgated in response to the regulatory diktats of government, is controversial and thus far largely beyond the reach of the courts because of, among other things, the presumed absence of “state action” by so-called private universities. Thus insulated from review, it is no wonder that, in some cases, these procedures have been compared unfavorably to those of the infamous English Star Chamber.

[Prof. Mukund] Vengalattore’s allegations, if supported by evidence, provide one such example of the brutish overreach of university administrators at the expense of due process and simple fairness. His allegations, if corroborated, would reveal a grotesque miscarriage of justice at Cornell University. As alleged, Cornell’s investigation of Vengalattore denied him access to counsel; failed to provide him with a statement of the nature of the accusations against him; denied him the ability to question witnesses; drew adverse inferences from the absence of evidence; and failed to employ an appropriate burden of proof or standard of evidence. In other cases and other universities, the catalogue of offenses can include continuing surveillance and the imposition of double jeopardy for long-ago grievances.

There is no doubt that allegations of misconduct on university campuses—sexual or otherwise—must, of course, be taken seriously; but any actions taken by university officials in response to such allegations must also comport with basic principles of fairness and due process. The day is surely coming—and none too soon—when the Supreme Court will be able to assess the various university procedures that undermine the freedom and fairness of the academy in favor of the politics of grievance.

In sum: these threats to due process and academic freedom are matters of life and death for our great universities. It is incumbent upon their leaders to reverse the disturbing trend of indifference to these threats, or simple immobilization due to fear of internal constituencies of the “virtuous” determined to lunge for influence or settle scores against outspoken colleagues.

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

MSU Lawsuit Reveals Why New Title IX Regulation Must Seek to End Widespread Discrimination Against Men

Post author By Edward Bartlett
Post date May 9, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

MSU Lawsuit Reveals Why New Title IX Regulation Must Seek to End Widespread Discrimination Against Men

WASHINGTON / May 9, 2022 – Following a judicial ruling against the institution, Michigan State University recently agreed to a settlement payment for the unjust suspension of a wrongfully accused male student. The agreement highlights the widespread problem of sex bias by campus Title IX officials, as well as the need for the upcoming Title IX regulation to institute measures to stop discrimination against male students and faculty members.

The lawsuit against MSU arose from a sexual encounter between two undergraduate students in which the female student was the sexual aggressor. During a dormitory encounter, she took the initiative to remove the man’s clothing, perform oral sex on him, and engage in other sexual actions. The woman did not seek the man’s permission or consent to engage in the sexual activities (1).

But inexplicably, the female student decided to file a Title IX complaint, claiming to be the victim of sexual misconduct. The college provided inadequate notice to the accused man and conducted a “victim-centered,” guilt-presuming investigation. MSU also failed to conduct a live hearing and provided no opportunity for cross-examination, ignoring a Sixth Circuit Court decision against the University of Cincinnati ruling that colleges are required to allow for cross-examination (2).

As a result, the male student was suspended for a two-year period. He then filed a lawsuit against Michigan State.

Given the numerous and egregious due process violations by the school, Judge Janet Neff ruled in favor of the male student (1). Last week, Michigan State agreed to a confidential settlement (3) that likely involved a payment in the high six figures.

The MSU saga is not unique. To date, 44 judicial decisions have been issued against colleges, large and small, finding sex bias against the male student (4). These institutions include the University of Denver, University of Minnesota, University of Arizona, UCLA, and many others.

Numerous organizations and individuals have spoken out in recent weeks to emphasize the importance of due process in campus sexual assault proceedings. These include the Attorneys General from 15 states (5), the National Association of Scholars (6), 26 other leading organizations (7), and 82 leading professors and attorneys (8).

Persons are invited to contact Secretary Miguel Cardona and urge that the new Title IX regulation afford full due process protections to accused students and faculty members. Telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/5f5e740deb3cf00017f58485/314opinionordermtdordertofiledoc77.pdf
Doe v. Univ. of Cincinnati, 872 F.3d 393, 401–02 (6th Cir. 2017)
https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/626713d2a570460021af5d5f/314ordermtdstipdoc115.pdf
https://www.saveservices.org/2022/04/44-judicial-decisions/
https://media.dojmt.gov/wp-content/uploads/Title-IX-Coalition-Letter-4.5.22.pdf
https://www.nas.org/blogs/article/comment-promulgating-lower-due-process-protections
https://dfipolicy.org/wp-content/uploads/2022/04/Title-IX-Coalition-Letter-to-OCR-04.04.2022.pdf
saveservices.org/wp-content/uploads/2022/05/Stop-the-Weaponization-of-Title-IX-Resolution-5-2-22.pdf