Categories
Due Process False Allegations

Lt. Gov. Justin Fairfax Joins Other Lawmakers in Calling for Due Process

Lt. Gov. Justin Fairfax Joins Other Lawmakers in Calling for Due Process

SAVE

April 14, 2021

During an April 7 debate at Virginia State University, Lt. Gov. Justin Fairfax made a strongly worded plea for the restoration of due process and the presumption of innocence. Fairfax joins a growing number of lawmakers, newspaper editorial boards, and others who have recently called for due process in American society.

During the debate, Fairfax stated, “In Virginia and in our nation, African-Americans, and particularly African-American men, are presumed to be guilty, are treated inhumanely, are given no due process, and have their lives impacted — and in some cases taken away.” https://www.youtube.com/watch?v=yVAsQwTyWws

Fairfax highlighted a false allegation that was leveled against him in 2019, for which some persons “immediately assumed my guilt.” Fairfax concluded, “I have a son and daughter. I don’t want my daughter to be assaulted, I don’t want my son to be falsely accused. But this is the real world that we live in.”

Fairfax joins with leaders from both political parties and two newspaper editorial boards who have recently called for the restoration of due process.

On March 23, Sen. Richard Burr of North Carolina and Rep. Virginia Foxx of North Carolina sent a letter calling on the U.S. Department of Education to maintain the recently enacted Title IX rule to “ensure victims receive the protections they deserve and every student’s rights, including due process rights, are protected.” https://republicans-edlabor.house.gov/uploadedfiles/burr_and_foxx_to_cardona_title_ix_3.23.21.pdf

Two days later, former Democratic presidential candidate Michael Bloomberg penned an editorial highlighting how the Obama-era campus policy had shortchanged defendants by failing to “uphold due process.” Bloomberg also noted that “Alleged victims said that schools failed to investigate their claims professionally.” https://www.bloomberg.com/opinion/articles/2021-03-25/title-ix-biden-should-bring-better-justice-to-u-s-universities

On March 22, the Editorial Board of the Los Angeles Times criticized the Obama-era policy, which “ignored common traditions of due process for the accused,” causing colleges to swing too hard in favoring accusers. https://news.yahoo.com/editorial-betsy-devoss-campus-sex-100019802.html

Then on March 28, the Washington Post Editorial Board weighed in. The editorial highlighted the due process deficiencies with the Dear Colleague Letter, which gave rise to numerous “successful court challenges.” https://www.washingtonpost.com/opinions/biden-has-a-chance-to-restore-balance-to-the-rules-on-campus-sexual-assault/2021/03/28/cc4416fc-8767-11eb-8a8b-5cf82c3dffe4_story.html

A public opinion poll by the Center for Prosecutor Integrity revealed many American are questioning the fidelity of our legal system to basic due process principles: http://www.prosecutorintegrity.org/survey-summary/

  • Three-quarters of respondents — 74.8% — worry our legal system often does not respect “equal treatment under the law”
  • Two-thirds of persons — 66.8% — think the presumption of innocence is becoming lost in our nation’s legal system

SAVE invites lawmakers, newspaper editorial boards, and others to issue statements supportive of due process and the presumption of innocence.

Categories
Campus Due Process False Allegations Title IX

North Carolina bill aims to protect college students accused of sexual assault

North Carolina bill aims to protect college students accused of sexual assault. Critics are wary.

By KATE MURPHY

THE NEWS & OBSERVER |

MAR 13, 2021

Some North Carolina state senators have introduced a bill that would expand the rights of college students accused of sexual misconduct in all 16 UNC System universities.

The new bill would set a higher burden of proof for universities to find students responsible for sexual assault. It would ensure that all students have the right to legal counsel throughout an investigation and disciplinary process, and it would allow the cross-examination of witnesses.

But critics say the proposed changes would be unfair to those who have been assaulted.

“The cards are always stacked against the victim,” said Catherine Johnson, director of the Guilford County Family Justice Center. Johnson works with campus Title IX coordinators and faculty who sit on student conduct boards.

 

When a student reports an assault on campus or through the criminal justice system, the process could take months or years, Johnson said. She added that creating ways to support those who report assault is critical, particularly on college campuses where women are at a high risk of sexual assault.

“Anytime we try to dilute that process, that creates more systemic barriers that survivors have to navigate,” Johnson said. “Certainly we want a fair and just process, but oftentimes survivors are carrying the heaviest burden.”

And she said there’s no other crime where the emphasis is on victims to prove it, like there is with sexual and domestic violence.

The proposed changes align with Trump administration rules that strengthened the rights of accused students in campus sexual assault cases. But President Joe Biden recently signed an executive order asking the U.S. Education Department to review those Title IX policies and potentially change how schools handle sexual misconduct.

___

Impact on those who report assault and those accused

North Carolina’s Senate Bill 117 is sponsored by Republican lawmakers Rep. Joyce Krawiec, Rep. Deanna Ballard and Rep. Vickie Sawyer. If passed, the new policy would go into effect next fall.

In 2019, Rep. Mitchell Setzer, a Catawba County Republican, introduced a nearly identical bill that passed in the House, but never made it out of the Senate.

Krawiec said sexual assault and sexual harassment are serious issues, and this bill will give accused students the due process rights they are entitled to, just as if they were accused of a crime in the community.

“In this country, you’re innocent until proven guilty, but on our college campuses that’s not necessarily the case,” she said.

Krawiec said she and her colleagues have met with lawyers and parents of college students who say they’ve been falsely accused of sexual assault, suspended from a sports team, expelled and “virtually their lives were ruined.”

The prevalence of false allegations is between 2% and 10%, studies show.

 

“It just needs to be fair,” Krawiec said. “There needs to be an investigation, and we need to make certain that everybody is treated fairly and that everybody is heard.”

Laci Hill, a senior at UNC-Chapel Hill, is a senior adviser in student government work on policies related to campus sexual assault and accessibility issues.

She said some of those assaulted might not have physical evidence and don’t feel comfortable going to a hospital and getting a rape kit done the day they were assaulted. Schools requiring more proof or evidence could further deter students from reporting incidents of gender-based violence, she said.

“A lot of people don’t want to come forward because they are afraid of being blamed for what happened to them, people won’t believe them and it can be traumatic,” Hill said.

___

How would Title IX policies change?

One of the biggest changes this bill would make at UNC System campuses is increasing the level of evidence permitted — and highly contested — under the Federal Title IX guidelines set by DeVos. Those guidelines went into effect in fall 2020.

UNC System schools currently use a “preponderance of evidence” standard in student disciplinary proceedings. That means that it is “more likely than not” that an accused student violated student conduct rules. This proposed law would increase that standard to “clear and convincing” evidence.

The UNC System now sets guidelines and a minimum standard for due process that schools must follow, but each individual university can set its own procedures. But if this bill passes, universities would be required to adopt these procedures, creating more uniformity across the system.

Some of these rules, including the right to an attorney and the cross-examination of witnesses, are already in place at UNC-CH, N.C. State and other universities.

The new policy would include the following rules:

  • Accused students are promptly notified of the details of the allegations and evidence.
  • Accused students are advised of their the right to consult legal counsel throughout the investigation and hearings and their right to appeal the decision.
  • Both sides can conduct questioning and cross-examination of witnesses, including accused students and complainants.
  • Universities ensure the disciplinary hearings are impartial — the individual conducting the investigation can’t also serve as a “finder of fact” in a subsequent hearing.
  • Provide complainant and accused students written copies of facts and conclusions of investigation and hearing
  • Raise the standard of proof of responsibility for proving sexual misconduct to clear and convincing evidence.

At disciplinary hearings, a complainant never has to come face-to-face with the accused individual and an accused individual is never allowed to personally ask questions of a complainant, according to federal Title IX guidelines.

___

How prevalent is campus sexual assault?

About one-third of female UNC-CH undergraduate students say they’ve been sexually assaulted during college, according to a 2019 campus climate survey. By their senior year, nearly half of the young women reported being assaulted.

Between 2007 and 2019, the university reported more than 300 incidents of sexual misconduct under the CLERY ACT, a federal statue aimed at keeping campus crime statistics and policy transparent. More than half of those incidents were rape.

At UNC, 15 students have been found responsible and disciplined for sexual assault since 2007, according to university documents obtained through a lawsuit.

Between 2007 and May 2020, 25 N.C. State students were found responsible for sexual misconduct, university documents show. N.C. State reported 40 incidents of sexual misconduct in 2017, 32 in 2018 and 18 in 2019, according to its 2020 annual crime report.

Hill said the data shows that campus sexual assault is prevalent at UNC. In the four years that she’s been a student, the issue has become easier for students to talk about, particularly with the #MeToo movement.

But she said this bill has the “potential to further suppress voices that have been historically silenced and dismissed.”

Source: https://www.pilotonline.com/news/vp-nw-nc-bill-sexual-assault-20210313-c6pdbi2wxbgnxdpbm237egbhae-story.html

 

Categories
Believe the Victim Campus Due Process False Allegations Investigations Title IX Trauma Informed

PR: Defense Attorneys Urged to Speak Out on H.R. 1620, Which Would Remove Impartial and Fair Investigations

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Defense Attorneys Urged to Speak Out on H.R. 1620, Which Would Remove Impartial and Fair Investigations

WASHINGTON / March 15, 2021 – A bill recently introduced in Congress, H.R. 1620, would vitiate the right of defendants to an impartial and fair investigation, thereby removing a key due process right and increasing the risk of a finding of guilt. H.R. 1620 seeks to promote so-called “victim-centered” and “trauma-informed” investigations, which are known to remove the presumption of innocence and sharply bias the investigation in favor of the complainant (1).

H.R. 1620 defines “victim-centered” as asking questions of a complainant “in a manner that is focused on the experience of the reported victim.” This description is an admission of the one-sided nature of such investigations, because it says nothing about focusing on the experiences of the defendant, or on the objective facts of the case.

A report from the National Registry of Exonerations found that investigative misconduct contributes to 35% of all wrongful convictions. The investigative misconduct includes concealment of evidence, fabrication of evidence, witness tampering, misconduct in interrogations, and making false statements at trial (2). To date, 2,754 wrongful convictions have been documented (3), a figure that is believed to substantially underestimate the actual number.

Settlement agreements involve compensation payments to exonerees typically in the range of $50,000 to $100,000 for each year of wrongful imprisonment (4).

Black male defendants are often targeted by such “victim-centered” methods. A recent article by Wendy McElroy reported that 73.6% of wrongful convictions involved Blacks who were victimized by officer misconduct (5).

Ethics codes admonish police officers to conduct investigations that are impartial, fair, and honest (6).  The Law Enforcement Code of Ethics of the International Association of Chiefs of Police states, for example, “As a law enforcement officer, my fundamental duty is…..to respect the constitutional rights of all to liberty, equality, and justice.” (7)

SAVE urges defense attorneys to contact the bill sponsor, Rep. Sheila Jackson Lee, and tell her to remove the unconstitutional provisions from H.R. 1620, found at Sections 206 and 303. The full text of H.R. 1620 is available online (8).

A vote on H.R. 1620 is expected to take place later this week. Jackson Lee’s telephone number is 202-225-3816.

Citations:

  1. http://www.prosecutorintegrity.org/sa/victim-centered-investigations/
  2. http://www.law.umich.edu/special/exoneration/Pages/detaillist.aspx?View={faf6eddb-5a68-4f8f-8a52-2c61f5bf9ea7}&FilterField1=OM%5Fx0020%5FTags&FilterValue1=OF&SortField=Exonerated&SortDir=Desc
  3. https://www.law.umich.edu/special/exoneration/Pages/about.aspx
  4. http://www.wrongfulconvictionlawyers.com/state-statutes/#:~:text=At%20least%20%2450%2C000%20and%20not,as%20a%20result%20of%20imprisonment
  5. http://www.ifeminists.com/e107_plugins/content/content.php?content.1500
  6. http://www.prosecutorintegrity.org/sa/ethics-codes/
  7. https://www.theiacp.org/resources/law-enforcement-code-of-ethics
  8. https://judiciary.house.gov/uploadedfiles/violence_against_women_act_2021.pdf
Categories
Domestic Violence False Allegations Violence Against Women Act

‘I think actually the prosecutions of women would skyrocket.’

‘I think actually the prosecutions of women would skyrocket.’

Coalition to End Domestic Violence

March 12, 2021

The recently introduced Violence Against Women Act bill includes this proposed redefinition of domestic violence (H.R. 1620, Section 2):

“The term ‘domestic violence’ means a pattern of behavior involving the use of physical, sexual, verbal, psychological, economic, or technological abuse.”

So ask yourself, “In the past year, has my spouse or partner….”:

  • Called me a name such as “stupid” or “lazy”?
  • Given me the “silence treatment”?
  • Scolded me to not over-spend the checking account?

These three questions represent verbal, psychological, and economic abuse, respectively. When these questions have been posed to Congressional staffers, almost all have answered with a sheepish smile, “yes.”

VAWA’s proposed expansion of the definition of domestic violence would serve to classify almost every American as a “victim” of domestic violence. This would have major consequences throughout our society:

  1. Criminal Justice Services: Expansive definitions would result in a sharp increase in the number of calls to police for protection from a spouse or partner who is engaging in such actions — as well as more arrests and prosecutions. This would reduce criminal justice services for the victims of violent crimes.
  2. Victim Service Providers: Turning every American into a victim would create requests for many billions of dollars in financial assistance from victim service providers and other agencies. Persons experiencing such actions could suddenly quit their jobs, costing states billions in Unemployment benefits.[1]
  3. Fragile Families: Eight percent of Americans report being falsely accused of abuse.[2] Claims of verbal, psychological, or economic abuse often are so vague that accused persons have no viable defense against a false allegation. This would exacerbate partner conflict and worsen family instability.

According to the Centers for Disease Control, each year men are more likely than women to be the victims of psychological aggression:[3]

  • 20.8 million male victims
  • 17.0 million female victims

Which is why University of Maryland law professor Leigh Goodmark commented about the criminalization of emotional abuse, “I think actually the prosecutions of women would skyrocket.”[4]

Verbal and psychological abuse is a real problem in our country. But turning this into a crime would wreak havoc on criminal justice services, victim service providers, and on fragile families.

[1]https://www.realclearpolicy.com/articles/2020/04/16/revised_violence_against_women_act_could_cost_states_billions_in_unemployment_benefits_489245.html

[2] http://www.prosecutorintegrity.org/pr/survey-over-20-million-have-been-falsely-accused-of-abuse/

[3] https://www.cdc.gov/violenceprevention/pdf/NISVS-StateReportBook.pdf  Tables 5.2 and 5.5.

[4] Presentation at the University of Maryland School of Social Work, Baltimore, Maryland. October 2, 2015.

Categories
Domestic Violence False Allegations

New Incentives to Falsely Accuse in NY

NY Adds a New Factor to Consider for Equitable Distribution: Domestic Violence

On April 3, 2020, tucked away in a bill largely addressing the New York State budget for the 2020-2021 fiscal year, the Legislature amended Domestic Relations Law (DRL) §236B(5)(d) by adding a new factor a court must consider in distributing property between divorcing spouses. 2020 NY Senate-Assembly Bill S-7505-B, A-9505-B. The law adds domestic violence as a factor and mandates that the court consider “whether either party has committed an act or acts of domestic violence, as described in [Social Services Law §459-a] against the other party and the nature, extent, duration and impact of such act or acts.” DRL §236B(5)(d)(14).

As admirably well-intentioned as this amendment is, it represents a significant departure from current law, which, absent “egregious” misconduct, has principally been fault-neutral since the advent of equitable distribution 40 years ago. It will have repercussions for the courts, practitioners, and litigants.

Source: https://www.law.com/newyorklawjournal/2020/07/24/domestic-violence-and-equitable-distribution-implications-of-the-amendment-to-drl/?slreturn=20201128110515

Categories
False Allegations Press Release

Maine Prosecutor Coddles Known Child Abuser In Pursuit of False Rape Claim

PRESS RELEASE
Contact:
Teri Stoddard: 301-801-0608
tstoddard@saveservices.org

WASHINGTON, March 30 / P.R. Newswire / Victim advocacy group Stop Abusive
and Violent Environments (SAVE) has filed a Grievance Complaint with the
Maine Board of Overseers of the Bar, requesting the disbarment of assistant
district attorney Mary Kellett. The Complaint can be seen here:
http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
“Thanks to prosecutor Kellett, proven child abusers in Maine know they can
get a free pass by making a claim of rape,” explains Philip W. Cook, SAVE
spokesman. “Mary Kellett has prosecuted many innocent citizens on
allegations of domestic violence and rape. The Board of Overseers of the Bar
needs to disbar prosecutor Kellett immediately.”
The case arose from the accusations of Ligia Filler, a proven child abuser
with a previous criminal charge history. “The children were victims of
violence from their mother,” including hitting her oldest daughter with
spatulas and spoons, according to a December 3, 2009 Ellsworth (Maine)
District Court ruling. One son said that his mother “would hit everyone in
the house. She was a terror to everybody.”
After Ligia’s husband Vladek indicated his plan to leave the marital home
for the safety of the children, Ms. Filler had an apparent mental
break-down, running through the streets partially clothed, screaming death
threats at police officers on the scene.
Ligia made an allegation of marital rape, and within few days prosecutor
Mary Kellett filed charges. No forensic, medical, or other physical evidence
of sexual assault was presented during the trial. Assistant district
attorney Kellett repeatedly sought to bar the introduction of key evidence
that would serve to exonerate the defendant.
Court-appointed attorney Neil Fishman later commented the proceeding was so
flawed that it resembled a “Salem Witch Trial.” On September 9, 2010 the
Maine Supreme Court issued a ruling that found Kellett had “improperly
encouraged the jury to use the absence of evidence regarding the marriage
ending and a child custody dispute…as a reason to reject Filler’s
defense.” The case was remanded for a retrial in May.
More information on the case can be seen at
http://www.saveservices.org/abuse-hysteria-campaign

Categories
False Allegations Press Release

SAVE Offers Condolences Following the Tragic Death of Reginald Daye, Victim of Duke

PRESS RELEASE
Lacrosse Accuser
Contact:
Teri Stoddard, 301-801-0608
tstoddard@saveservices.org

WASHINGTON / April 18, 2011 – Stop Abusive and Violent Environments (SAVE) is offering its condolences to the family and friends of Reginald Daye. “Reggie” Daye, 46, succumbed April
13 after girlfriend Crystal Mangum stabbed him in the chest with a kitchen knife. Mangum is the woman who falsely accused three Duke University lacrosse players of rape in 2006. Daye’s nephew said the couple had been arguing over rent money. The argument got so heated
that someone called police who made a visit to the apartment, but left before the stabbing incident occurred. Mangum is being held on a $300,000 bond. “Reggie” Daye was born on November 3, 1964 in Durham, North Carolina. He was employed by Scotts Painting and Decorating Company. His hobbies included painting, fishing, and cheering on the Dallas Cowboys. Last December Mangum was convicted on most of the charges related to a February, 2010
domestic dispute in which police said she threatened to stab her then boyfriend Milton Walker. Mangum smashed a car windshield, slashed car tires and allegedly set Walker’s clothes on fire while her children were in the home. Mangum spent 88 days in jail for the offenses,
which also included three counts of child abuse. In 2006 Mangum falsely claimed Duke lacrosse players Dave Evans, Collin Finnerty and Reade Seligmann trapped her in a bathroom during a party, then raped and sexually assaulted her. Prosecutor Mike Nifong indicted the three on charges of rape, sexual assault and kidnapping. The case fell apart, but not before the university ended the lacrosse team’s season and forced the coach to resign.
Funeral Services will be held Tuesday, April 19, at 1:00 pm at Union Baptist Church in Durham,
NC. Persons can sign the Guest Book or send a Sympathy Card here:
http://www.meaningfulfunerals.net/fh/obituaries/obituary.cfm?o_id=1134657&fh_id=13210&s_i
d=FB878D5D-0297-2072-368A0F9A757F229A

Categories
Accountability Campus Civil Rights Department of Education Discrimination Due Process False Allegations Investigations Office for Civil Rights Press Release Sex Education Sexual Assault Sexual Harassment Title IX Training Victims Violence

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

WASHINGTON / July 28, 2020 – SAVE recently released a study that shows black male students face a type of “double jeopardy” by virtue of being male and black. (1) Analyses show although black male students are far outnumbered on college campuses, they are four times more likely than white students to file lawsuits alleging their rights were violated in Title IX proceedings (2), and at one university OCR investigated for racial discrimination, black male students were accused of 50% of the sexual violence reported to the university yet they comprised only 4.2% of the student population. (3)

In 2015, Harvard Law Professor Janet Halley raised an alarm to the U.S. Senate HELP committee that, “the rate of complaints and sanctions against male students of color is unreasonably high.” (4) She advised school administrators to, “not only to secure sex equality but also to be on the lookout for racial bias and racially disproportionate impact and for discrimination on the basis of sexual orientation and gender identity – not only against complainants but also against the accused.” (5)

Her powerful words were ignored. Over the past 5 years numerous black males have been caught up in campus Title IX proceedings. Their lawsuits often claim a lack of due process in the procedures.

Grant Neal, a black student athlete, was suspended by Colorado State University – Pueblo for a rape his white partner denied ever happened. (6) Two black males students accused of sexually assaulting a fellow student recently settled a lawsuit against University of Findlay for racial, gender and ethnic discrimination. (7) Nikki Yovino was sentenced to a year in prison for making false rape accusations against two black Sacred Heart University football players whose lives were ruined by her accusations. (8) These are just a few examples.

Wheaton College in suburban Chicago, a major stop along the Underground Railroad, recently dismissed Chaplain Tim Blackmon, its first nonwhite chaplain in its 155-year history. Blackmon claims Wheaton’s Title IX office failed to investigate a previous Title IX complaint against him in a “clear misuse of the Title IX investigative process,” and he was “completely blind-sided by this Title IX investigation.” Blackmon’s attorney believes the professor’s race heavily factored into his firing, and that Wheaton was looking for an excuse to sever its relationship with its first African American chaplain and return to being a predominantly white educational institution. (9)

The impact to black male students and faculty could be even greater than any data or media reports imply since only those who can afford a costly litigation file lawsuits and make the news. More data is needed, but anecdotally black males are disproportionately harmed in campus Title IX proceedings.

SAVE recently spoke with Republican and Democrat offices in the House and Senate regarding this issue. Virtually all staffers agreed members of Congress are concerned about harm to black students and supportive of ways to offer protections to all students, including those of color.

The new Title IX regulation offers necessary due process protections that black students need. By complying with the regulation, college administrators will protect the rights of all students and address the serious problem that black men are accused and punished at unreasonably high rates. At a time when activists on college campuses are clamoring that Black Lives Matter, college administrators should assure they are doing everything they can to help their black students.

Citations:

  1. http://www.saveservices.org/2020/07/why-are-some-members-of-congress-opposing-due-process-protections-for-black-male-students/
  2. https://www.titleixforall.com/wp-content/uploads/2020/07/Plaintiff-Demographics-by-Race-and-Sex-Title-IX-Lawsuits-2020-7-6.pdf
  3. https://reason.com/2017/09/14/we-need-to-talk-about-black-students-bei/
  4. https://www.govinfo.gov/content/pkg/CHRG-114shrg95801/pdf/CHRG-114shrg95801.pdf
  5. https://harvardlawreview.org/2015/02/trading-the-megaphone-for-the-gavel-in-title-ix-enforcement-2/
  6. https://www.thecollegefix.com/athlete-accused-rape-colorado-state-not-sex-partner-getting-paid-drop-lawsuit/
  7. https://pulse.findlay.edu/2019/around-campus/university-of-findlay-settles-sexual-assault-case/
  8. https://www.ctpost.com/news/article/Yovino-sentenced-to-1-year-in-false-rape-case-13177363.php
  9. http://www.saveservices.org/2020/07/black-immigrant-chaplain-claims-christian-college-used-bogus-title-ix-investigation-to-fire-hi

 

SAVE is leading the policy movement for fairness and due process on campus: http://www.saveservices.org/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Theological articles he shared were ‘ideologically problematic’ for accuser

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘China-man’ was an ‘inside joke’

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

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

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

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

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

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

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

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

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

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

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

SAVE

July 14, 2020

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

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

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

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

So how widespread is the problem?

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

More recently, Title IX For All analyzed demographic data from the approximately 650 lawsuits filed against institutions of higher education since 2011. Among the 30% of cases in which the race of the accused student was known, black students are four times as likely as white students to file lawsuits alleging their rights were violated in Title IX disciplinary proceedings. Title IX For All concludes, “These findings come at a time when public officials who have long regarded themselves as champions of civil rights for minorities suspected or accused of crimes advocate a heightened awareness of their rights, while simultaneously working to undermine their rights in higher education settings.” (13)

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

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

Citations:

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