Categories
False Allegations Start By Believing Wrongful Convictions

Brian Banks Saga Reveals the Flaws of a ‘Start By Believing’ Criminal Justice System

What do you get when you have a false accusation, a start-by-believing investigative process, a broken and corrupt judicial system, and a lost dream to play in the NFL?  You get Brian Banks, The movie and The man.  You also get a story of thousands of others who have experienced similar circumstances due to false accusation.

Banks was an All-American high school football prodigy who was awarded a full-ride scholarship to USC and who had the attention of the NFL.  At the mere accusation of sexual assault and kidnapping, Banks had his dreams stolen by an unjust system.

In the summer of 2002, classmate Wanetta Gibson claimed 16-year old Banks dragged her into a stairwell at Polytechnic High School (Poly) and violently raped her. It was a he-said, she-said scenario; and what she said was believed.  Despite the lack of evidence, Banks was railroaded through a broken justice system. He faced a nearly impossible decision of 41 years-to-life in prison or take a plea deal and spend 5 years in confinement, with probation and lifetime registration as a sex-offender.

At the recommendation of his attorney, Banks chose what he thought would give him life. He took the plea. Banks spent nearly 11 years convicted of a rape and crime he did not commit.

Meanwhile, Wanetta Gibson and her mother filed a lawsuit against the Long Beach school district claiming the high school did not offer a safe environment.  They won a $1.5 million settlement.

Nearly a decade after his conviction, Gibson had the audacity to send Banks a Facebook message saying, “Let’s let bygones be bygones.” Surprised to receive that message, Banks worked with a private investigator to set up a meeting with Gibson. It was there, on hidden camera, that she admitted fabricating the entire story.

Due to the work of the California Innocence project, the Los Angeles District Attorney’s Office acknowledged Banks was wrongfully convicted. He was fully exonerated on May 24, 2012, free of all charges and labels that accompany sex offenders.

In 2013 The Long Beach School District sued Wanetta Gibson for $2 million and won a $2.6 million judgment against her.  She failed to appear at all court dates and apparently has gone into hiding.

This movie tells a story that is all too familiar to those men who have been falsely accused of sexual assault. It raises awareness about flaws in the judicial system. The movie shows us that unless we have criminal justice reform, anybody can be wrongfully convicted.  It also shows us that unless we move away from “believe the victim” mentality, anyone can be falsely accused.

What is now referred to as the “me-too” movement has led to increased numbers of false-accusations.  After being accused, men likely face start-by-believing investigative techniques, a corrupt criminal justice system, and a system that prefers plea deals rather than due process.

In response to these persistent biases, 11 members of the House of Representatives, in cooperation with the Center for Prosecutor Integrity, recently sent a letter to Attorney General Barr highlighting the erosion of due processes in criminal and administrative proceedings.

The letter urged Barr to stop funding organizations that don’t recognize the presumption of innocence when training military or law enforcement, including prosecutors, and instead instruct law enforcement and prosecutors that defendants are presumptively innocent. The letter further asked that no witness be afforded a presumption of truth, but that all statements are subjected to the crucible of reality and cross-examination.

No response has been received to date from Attorney General Barr.

Not all movies have a “happily ever after ending”, but Banks does his best to provide that to us.  Although Banks would never realize his dream of going to college and playing professional football, he gives us a hope and his convincing philosophy on the power of choice. “All you can control in life is how you respond to it”.  He responded with extraordinary resiliency and with a passion to change a broken judicial system.  Brian Banks The Movie is out August 9, 2019.

Categories
Believe the Victim Campus False Allegations

I Was a Victim of a ‘Victim-Centered’ Investigation

I am a former cadet at the United States Military Academy at West Point, New York. In July 2011, during summer training at Camp Buckner, I was taken to the military police station shortly after arriving back from a rigorous field training exercise. I was dehydrated, sleep deprived, and hadn’t eaten.

I was informed that I had been accused of sexual assault from an alleged incident that had occurred six months before. I then endured a two-year investigation that culminated in a general court martial where I essentially faced life in prison. Although I was found innocent of all the sexual charges, I was kicked out of the Academy in June 2013, the summer preceding my senior year.

While I do not know if West Point had formal victim-centered policies pertaining to sexual assault cases, I believe the Academy engaged in victim-centered practices throughout my investigation.

One of the hallmarks of victim-centered approaches is prioritizing the safety, privacy, and well-being of the “victim.”

Throughout the investigation, my accuser was treated with respect, while I was often treated with hostility. It became apparent early on that my personal well-being was not a priority. My accuser was assigned a victim advocate who escorted her around campus. She was afforded health and welfare checks to ensure that she was coping with the process.

I was never provided such support. In fact, my five-hour initial interrogation took place immediately after a multi-day field training exercise. The investigators essentially took advantage of my weakened state.

While I was afforded a full criminal investigation and trial, it was clear that there was a predetermination of guilt. During my initial interrogation, the interviewing agent was hostile, and used leading questions in an attempt to reshape my statements until they fit his preconceived narrative.

The agent’s questionable conduct was confirmed during the trial by witnesses. In her testimony, one cadet described her interview as a “frustrating and hostile environment.” She testified that “he would ask me what happened, but then he would tell me what to say. I would give an answer, and we would argue with me about my answer…I wanted to get out of there because it was so uncomfortable.” Another cadet stated that “the way [the agent] asked questions was really aggressive. He wouldn’t move on from a subject until he got what he wanted.”

Victim-centered practices often overlook the complainant’s inconsistent or untruthful statements, and attribute such inconsistencies to trauma.

At trial, my accuser committed perjury about the incident, but was later allowed to graduate without punishment. Testifying about the blood she claimed was left in the bedroom after our consensual sexual encounter, my accuser testified, “there were 4 or 5 streaks…24 inches wide, 6 inches deep blood streaks along the side of the bed.” She further testified that her roommates stated that they were “grossed out” by the blood. But all three of my accuser’s roommates denied seeing any blood in the room or making any such statements.

Sexual misconduct investigations are difficult for all parties involved and lives can be ruined if they are not handled properly. This is why it’s important for investigators and adjudicators to treat all parties impartially. Fundamental fairness is a cornerstone of our justice system. But victim-centered practices only focus on the well-being of one individual, the accuser.

The due process rights of accused students have fallen by the wayside because people fail to consider the impact these investigations have on accused individuals. Throughout my investigation I battled severe depression and even suicidal ideations, which continued for years after my investigation. I had to deal with the social stigma attached to my situation because people often presume guilt based on the seriousness of the allegations. I lost a lifelong dream of serving in the Army and the opportunity to finish my degree at a prestigious institution. My friends and family also suffered throughout my ordeal.

Sexual assault investigations should be approached impartially and fairly. While protecting alleged victims is important, it does not mean that we need to compromise the integrity of investigations by providing preferential treatment.

I was lucky to make it out alive. But many individuals don’t have the support network that I had or the resources to combat mishandled investigations. As a society, we should rely on the facts and maintain impartiality because lives are at stake.

Categories
False Allegations Sexual Assault Start By Believing

‘One of the worst days of my life:’ Stop sham ‘Start By Believing’ investigations

MATT ROLPH WAS BRANDED A RAPIST, EXPELLED FROM HIS COLLEGE, AND FORCED TO SPEND $$$ TO RESTORE HIS GOOD NAME.

In 2014 Matt Rolph, above, was accused of sexually assaulting his long-term girlfriend, “Jane Roe.” His case went to court, and the jury cleared him of all charges.

Even though the jury found Matt innocent, Hobart College in Geneva, NY decided to make an example of him. So Hobart hired an investigator who…
1. Did not record any of the interviews.
2. Failed to review innocence-proving text messages sent by Jane.
3. Failed to get records supporting Jane’s claim of medical problems caused by the incident.
4. Did not resolve inconsistencies among witness statements.

No surprise, based on the investigator’s biased report, the school expelled Matt. He later described it as “One of the worst days of my life.”

So he filed a lawsuit against the College. Several months later, Judge Elizabeth Wolford ruled in favor Matt Rolph’s claims of investigative bias.

ISN’T OUR LEGAL SYSTEM BASED ON THE PRESUMPTION OF INNOCENCE?

Investigators are supposed to conduct investigations that are objective, neutral, and honest. But now, investigators are being told to “Start By Believing” the accuser and use “victim-centered” methods.

“Start By Believing” tells investigators to investigate cases from an “initial presumption” of guilt, to slant their report to “corroborate the victim’s account,” and to even make sure the sexual encounter does “not look like a consensual sexual experience.” (3)

Matt Rolph is just one of the many thousands of Americans who have been victimized by “victim-centered” investigations. Amazingly, the U.S. Department of Justice has spent millions of taxpayer dollars to support “Start By Believing programs” around the country.

DON’T LET ‘START BY BELIEVING’ HAPPEN TO YOU! TELL ATTORNEY GENERAL ROBERT BARR TO STOP FUNDING CORRUPT ‘START BY BELIEVING’ PROGRAMS.

Categories
False Allegations

‘I was angry:’ Tell the DOJ to Bring Judy Munro-Leighton to Justice

On Friday, it was revealed that Sen. Chuck Grassley referred another person to the Department of Justice because she made a false allegation of sexual assault against Judge Brett Kavanaugh.

Judy Munro-Leighton originally sent an email to Sen. Kamala Harris claiming that Kavanaugh had “sexually assaulted and raped me in his car.” But when investigators spoke with her, Munro-Leighton admitted, “I was angry, and I sent it out.”

False allegations have become a cancer in our legal system: https://www.youtube.com/watch?v=1TzTCWfiRew  Honesty and fairness are cornerstones of the American legal system. Munro-Leighton abused these precepts.

The Department of Justice cannot sweep this case under the rug. Tell the Department of Justice that justice must be served. Call the DOJ Comment Line: 202-353-1555.

Sincerely,

The SAVE Team

Categories
Believe the Victim False Allegations

Just Days After Cornerstone Caroline Incident, EVAWI Doubles Down on ‘Victims’

A few days ago, a woman known as “Cornerstore Caroline” called the cops on a 9-year-old boy for allegedly sexually assaulting her. But the surveillance video revealed the boy’s backpack accidentally and momentarily grazed her buttocks — there was no assault: https://www.youtube.com/watch?v=j7goQ7r_xRQ

The video went viral, and incident has provoked a national debate on the problem of false allegations. Part of the problem is the careless habit of referring to complainants as “victims.” A person does not become a victim until a legal adjudication is conducted and the accused is found guilty. Until then, the accuser is only a “complainant.”

Despite that fact, a group known as End Violence Against Women International just put out a Training Bulletin with the misleading title, “Interviews With Victims and Suspects.”  To boot, EVAWI claims “victims” have long faced “unwarranted” skepticism — seemingly unaware that its own distortions may be contributing to the skepticism. See https://www.facebook.com/SaveForFalselyAccused/photos/a.137980472920657/2075750395810312/?type=3&theater

Hey EVAWI, what’s going on? (509) 684-9800.

Sincerely,

The SAVE Team

Categories
False Allegations

Is It Time to Punish False Accusers?

Should deliberately false reports of sexual assault be subject to the same legal penalties as false reports of other felonies? Right now, accusers who lie about sexual abuse are criminally liable for filing a false report and perjury, as well as civil sanctions for defamation, but legal consequences rarely occur.

The question was spotlighted by the accusations surrounding Supreme Court Judge Brett Kavanaugh. It was clear during Kavanaugh’s confirmation hearing: An accusation of sexual assault can devastate a man’s life, family and future. Those who reject the account of his main accuser, Christine Blasey Ford, don’t suggest bringing legal proceedings against her. A sincere report of sexual abuse should not be penalized for being confused or mistaken.

Jeffrey Catalan and Julie Swetnick are different stories; in the wake of Ford’s accusations, Catalan and Swetnick claimed to have witnessed sexual abuse by Kavanaugh; Catalan quickly recanted. But the chairman of the Senate Committee that presided over Kavanaugh’s hearing has asked for an official review of the claim as a possible crime. In a NBC interview Swetnick contradicted a sworn statement to the Committee, which had implicated Kavanaugh in gang rapes. Harvard law professor emeritus Alan Dershowitz has called for Swetnick to be investigated and then prosecuted for perjury, if appropriate.

The debate on how to handle blatantly false accusations of sexual abuse has re-opened. Feminists argue that punishing any accuser chills the willingness of victims to come forward. Rule-of-law advocates counter that false accusations are not victimless crimes. In most cases a real person is named as an attacker and he or she confronts severe consequences. Genuine victims are also damaged by false allegations. Every lie casts a shadow of doubt over every future report of sexual assault. So legal disincentives should attach to the act of lying not merely to protect those falsely accused but also to encourage real victims to make reports.

False accusations on crime are everyday events 

The danger of using the Kavanaugh hearing as a springboard for discussing false accusations is threefold: the session was highly politicized, with unrelated agendas attached; it was played out in the Senate, with the Supreme Court as a backdrop; and the true context of false accusations in everyday life may be lost. False accusations are not partisan, elite, or recent occurrences.

The recent re-evaluation grows out of a backlash that has raged on college campuses for over seven years. At some universities the battle has been much longer. In 2011, President Obama’s Department of Education’s Office of Civil Rights sent a letter to every college that received federal funding. To continue the flow of funds colleges needed to dilute the due process that on-campus hearings offered to students accused of sexual misconduct.

The purpose: To combat sexual misconduct and to protect victims who were overwhelmingly female. Accused students were denied legal representation and the presumption of innocence, as well as standard protections of justice such as facing an accuser and questioning witnesses. As a matter of policy, accusers were to be believed.

As a result, false accusations increased — at least, that was a widespread assessment. Legal experts signed petitions in protest; lawsuits proliferated from students who had been found “guilty;” high-profile cases of false accusations rocked the media.

Finally, new Title IX guidelines were recently drawn up by the DOE’s new administration and they will be unrolled shortly. The guidelines direct colleges to restore due process rights to students accused of sexual misconduct.

The human cost of false accusations

Petitions and guidelines do not capture the human suffering that caused a rebellion against the imperative to #BelieveWomen. For that real stories are required. Consider the Flood family of Pennsylvania and their teenage son, whom the media identifies as T.F.

According to a local newspaper five girls at T.F.’s high school “terrorized” him with accusations of sexual molestation. T.F. was fired from his part-time job, “tortured in school by the other students and investigators,” expelled and “forced to endure multiple court appearances, detention in a juvenile facility, detention at home, the loss of his liberty and other damages.”

Finally, the girls confessed to lying. Why did they? One explained, “I just don’t like him…I just don’t like to hear him talk…I don’t like to look at him.” The girls have not been punished. Meanwhile, the boy is under the care of a psychologist and being schooled at home. Devastated by the experience, his parents are suing.

The Kavanaugh hearing brought the question of false accusations into people’s living rooms. That’s where the issue belongs because average and disadvantaged people need due process far more than the elite of society.

Average people have fought through centuries to gain and maintain these protections against imperious government and bad actors. The protections benefit both men and women because they stand in defense of common people. No sincere accuser, mistaken or not, should have anything to fear from impartial justice. But no intentionally false accuser should be able to bypass the protections of justice in their own self-interest.

Conclusion

#BelievetheWomen is the culmination of a push that began decades ago to achieve much-needed reform within the justice system. In the 1960s feminists crusaded against rape laws that brutalized women by treating them as though they were responsible for their own assaults. They weren’t and they aren’t, but the reform has gone too far. It is not an insult to ask for evidence when a crime is alleged. It is a sign of taking the accusation seriously and that’s what feminists crusaded for in the first place.

Source: thehill.com/opinion/civil-rights/411905-is-it-time-to-punish-deliberate-false-accusers?rnd=1539805668

Categories
False Allegations Sexual Assault Sexual Harassment Wrongful Convictions

Recent Exoneration of Joshua Horner, Wrongfully Convicted of Sex Abuse, Spotlights Widespread Problem of False Allegations

PRESS RELEASE

Contact: Rebecca Stewart

Email: info@saveservices.org

Recent Exoneration of Joshua Horner, Wrongfully Convicted of Sex Abuse, Spotlights Widespread Problem of False Allegations

WASHINGTON / September 12, 2018 – This past Monday, Deschutes County Judge Michael Adler overturned a 50-year sentence against Joshua Horner of Redmond, Oregon. Horner had been convicted on April 12, 2017 of sexual abuse of a minor. In the trial, the complainant testified that Horner shot and killed her dog as a warning that she not bring her sexual molestation claim to the police. https://www.opb.org/news/article/redmond-oregon-innocence-project-exonoration-josh-horner/

With the assistance of the Oregon Innocence Project, the dog was recently found alive and well in another city, casting significant doubt on the truthfulness of the accuser. It was the first exoneration for the Oregon Innocence Project, launched in 2014 to exonerate the wrongfully convicted and promote legal reforms.

Horner’s exoneration highlights the problem of false allegations in criminal cases. According to the National Registry of Exonerations, false allegations/perjury are the most common contributing factors for wrongful convictions, representing 57% of all exonerations. False allegations/perjury are especially common in child sex abuse cases (85% of exonerations) and homicide cases (69% of exonerations). http://www.law.umich.edu/special/exoneration/Pages/ExonerationsContribFactorsByCrime.aspx

Nearly one in 10 persons – 9.7% — of respondents to a national survey said they had been falsely accused of sexual assault, domestic violence, or child abuse. Three-quarters of persons claiming to be falsely accused were male. http://www.saveservices.org/dv/falsely-accused/survey/

On college campuses, false allegations of sexual misconduct are believed to be commonplace. In over 100 lawsuits against universities, judges have sided with the accused student. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0 At one university, the training materials openly justify false allegations of sexual assault, claiming that verified “lies” of accusers “should be considered a side effect of an assault.” https://www.thecollegefix.com/post/47631/

False allegations are not a victimless crime. Nikki Yovino, 18, was recently convicted and sentenced to one year in jail for false reporting of an alleged campus rape in Connecticut. At the sentencing hearing, Malik St. Hilaire, victim of her false accusation, explained, “I went from being a college student, to sitting at home being expelled with no way to clear my name.”

September is False Allegations Awareness Month. http://www.saveservices.org/camp/faam-2018/

 

Stop Abusive and Violent Environments works to end sexual assault and domestic violence.

Categories
Campus False Allegations Sexual Assault

PR: Rolling Stone Verdict Highlights Need for State Lawmakers to Bring an End to Campus Rape Vigilantism

Contact: Gina Lauterio

Email: glauterio@saveservices.org

Rolling Stone Verdict Highlights Need for State Lawmakers to Bring an End to Campus Rape Vigilantism

WASHINGTON / November 7, 2016 – A federal jury decided on Friday that Rolling Stone magazine was responsible for libel and acted with “actual malice” in its reporting of an alleged gang rape at the University of Virginia. Later this week the jurors will decide on UVA dean Nicole Eramo’s $7.5 million lawsuit demand (1).

Thousands of news accounts and internet sites have now identified the UVA rape accuser as Jackie Coakley of Charlottesville, Virginia (2).

Coakley alleged that a student named “Drew” brought her to the fraternity house where she was led upstairs and brutally raped by seven men. When the assault was reported to Nicole Eramo, head of UVA’s Sexual Misconduct Board, Coakley alleged Eramo was more interested in protecting the university’s reputation than helping sexual assault survivors.

Shortly after the article was published, the fraternity house where the rape allegedly occurred was vandalized, forcing its residents to go into hiding; violent protests were held on campus; and death threats were directed to Eramo (3). University president Teresa Sullivan suspended all Greek organizations. Subsequently, the number of applications to the University fell to the lowest level since 2002.

“Eventually, it was revealed that Coakley hadn’t been raped at all, and had apparently invented her story as part of a convoluted scheme to win the affections of a boy she had a crush on,” according to reporter Blake Neff (4).

Columnist Mollie Hemingway noted that the “rape culture craze has led to attacks on the civil liberties of men and created a panic built on emotion more than reality,” Hemingway lamented that as a result of the UVA events, “Actual victims of rape will suffer and not be believed” (5).

Commentator Robby Soave concluded, “If we’re going to make college a safer environment—for both victims of sexual assault, and the wrongfully accused and maligned—the truth has got to matter more than the story” (6).

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act. CEFTA mandates a series of due process protections for the accused and encourages the involvement of local criminal justice authorities in campus sexual assault cases (7).

References:

  1. https://www.washingtonpost.com/local/education/jury-finds-reporter-rolling-stone-responsible-for-defaming-u-va-dean-with-gang-rape-story/2016/11/04/aaf407fa-a1e8-11e6-a44d-cc2898cfab06_story.html?postshare=811478283657583&tid=ss_fb
  2. https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=jackie%20coakley%20uva%20rape
  3. https://www.washingtonpost.com/local/education/u-va-dean-sues-rolling-stone-for-false-portrayal-in-retracted-rape-story/2015/05/12/2128a84a-f862-11e4-a13c-193b1241d51a_story.html
  4. http://dailycaller.com/2016/11/04/rolling-stone-defeated-in-uva-jackie-lawsuit-liable-for-7-5-million/#ixzz4PFfIj94O
  5. http://thefederalist.com/2016/11/04/rolling-stone-can-take-defamation-statement-shove/
  6. http://reason.com/blog/2016/11/04/nicole-eramo-wins-rolling-stone-committe
  7. http://www.saveservices.org/sexual-assault/cefta/

SAVE is working for practical and effective solutions to campus sexual assault: www.saveservices.org

Categories
Campus Due Process False Allegations Sexual Assault

PR: Federal Directive Triggered Spurt of Lawsuits Against Universities For Alleged Mishandling of Sexual Assault Cases, Report Says

Contact: Gina Lauterio

Email: glauterio@saveservices.org

Federal Directive Triggered Spurt of Lawsuits Against Universities For Alleged Mishandling of Sexual Assault Cases, Report Says

WASHINGTON / September 7, 2016 – A report released today reveals a 2011 U.S. Department of Education sexual harassment directive led to a dramatic increase in the number of lawsuits alleging mishandling of allegations of sexual assault on campuses. Titled “Lawsuits Against Universities for Alleged Mishandling of Sexual Misconduct Cases,” the report found that the number of lawsuits by students tripled over an eight-year period.

During the period 2006-2010, a leading insurance company received an average of 52 claims per year from alleged victims of sexual assault and from students who asserted they were wrongfully expelled for sexual assault. By 2013, the number increased  to 154 claims. Claims by students alleging lack of due process increased at an even higher rate, increasing from 10 lawsuits in 2013 to 53 in 2015.

These claims represent a growing liability risk for colleges and universities. During the period 2006 to 2010, payments to accused students represented 72% of all expenses for legal fees and payments to persons alleging mishandling of sexual assault cases by campus disciplinary committees, according to a leading insurance company. In July, Georgia Tech officials agreed to pay a male student $125,000 to settle a case in which he had been accused of sexual assault(1). Earlier this year, a former University of Montana quarterback received a $245,000 settlement for the university’s “unfair and biased” rape investigation (2).

The report provides a detailed analysis of 30 lawsuits in which a state or federal court ruled at least partly in favor of the accused student. For each of the 30 cases, the report identifies the causes of action. Among the most common causes of action, an allegation of lack of due process was successful in eight out of 11 cases (73%), followed by breach of contract (62%), Title IX violation (54%), and negligence (33%).

The report also details the relief requested for each lawsuit. Among the 30 lawsuits, a total of 198 types of relief were requested. The three

most commonly requested types of relief requested were reversal of the expulsion/ finding of guilt, just and proper, and reimbursement of attorneys’ fees.

The report highlights the most significant procedural and policy deficiencies identified in the judicial decisions. The deficiencies pertained to weak qualifications of university adjudicators, inappropriate use the word “victim,” selective enforcement of Title IX, investigational biases, weak cross-examination provisions, unfair appeal procedures, and affirmative consent policies.

The report notes that alleged victims of sexual assault have prevailed in numerous lawsuits, as well. The report concludes by noting the fundamental incompatibility between the requirements of the federal Department of Education 2011 Dear Colleague Letter and the mission and capabilities of colleges and universities.

Lawsuits Against Universities for Alleged Mishandling of Sexual Misconduct Cases represents the first detailed, quantitative analysis of sexual assault lawsuits filed by accused students. The report can be viewed here: http://www.saveservices.org/reports/

Citations:

  1. http://www.ajc.com/news/news/local-education/georgia-tech-settles-two-lawsuits-involving-sexual/nr4qc/
  2. https://www.washingtonpost.com/news/morning-mix/wp/2016/02/17/montana-quarterback-receives-245k-settlement-for-universitys-unfair-and-biased-rape-investigation/

SAVE is working for balanced, evidence-based, constitutionally sound solutions to campus sexual assault: www.saveservices.org

Categories
Campus False Allegations Sexual Assault

No Harassment, No Victim, No Investigation. Expelled Anyway.

Jack Hunter

August 8, 2016

As a college student, I earned a degree in Law Enforcement, but I ended up pursuing a successful business career. At the age of 52, I decided I wanted to become a volunteer deputy at the local Sheriff’s Office.

But first I had to complete a rigorous vetting process, which involves the same procedures as for a full-time officer. The evaluation included a 200-hour background check, physiological testing, and a voice stress analysis. I passed all the checks and took my oath to uphold the Constitution.

After two years serving as an auxiliary deputy, I decided I wanted to qualify for more advanced assignments. So I enrolled in the Ohio Peace Officer Training Academy, which is affiliated with Kent State University. My wife of 20 years and two teenage daughters were all committed to helping get Dad through school.

Four months into the program things were progressing well, other than the ribbing I occasionally endured about my age and being called the class know-it-all because I answered many of the Instructors’ questions.

One of our classes involved training on deadly force, which covers the protective procedures utilized when an officer is under attack. One student, playing the perpetrator, crouches over another student, playing the officer, and pretends to strike the officer in the face. In self-defense, the officer rolls the perpetrator over, changing positions to neutralize the threat.

For purposes of this training exercise, I was the designated “perpetrator” and a female student in the class the designated “officer.” The demonstration proceeded uneventfully and the class dismissed.

But at the next class, I was called out of the room and escorted to the administrator’s office. At that time, I was accused of “inappropriate contact” with the female cadet during the training demonstration.

Oddly, the complaint was not filed by the female student who had participated in the training exercise, or by any of the three instructors who closely observed our every move. Instead, the complaint came from another student who claimed he witnessed this “inappropriate” contact. None of the other 25 students watching the demonstration noticed anything out of the ordinary.

Adding to the irony was the fact that this female classmate and I were friends. She often solicited my help with her classwork. Just 20 minutes before I was summoned to the office, she had joined me and another student for lunch.

Now, I found myself being escorted out of the building.

Three days later the Investigator sent me a text message informing me that I was being terminated from the school. Three weeks the Termination Letter arrived. The letter contained accusations of actions that had never occurred and for which no substantiation was provided. The letter concluded with these blunt words: “No Appeal.”

Stunned and shocked, I requested an appeal. The university legal counsel directed me to the Ohio Peace Officer Training Academy, which in turn sent me back to the university. After a year of repeated requests, the hearing was granted. But the school refused to return my calls to answer questions how the hearing would be conducted.

In Kafkaesque manner, no written charges were presented at the hearing. I was not allowed to call anyone to speak on my behalf.

Previously the Investigator, a sitting police officer, had claimed a written statement existed to justify his actions. But at the hearing, I learned that no written statements were taken at the time of the alleged incident. Indeed, the Investigator had never even spoken to the alleged “victim.”

By definition, this represents a falsification of the evidence.

I then contacted the college dean, the Ohio Board of Regents, and others to review the finding in hopes of changing the outcome, without success.

These events have imposed unimaginable hardships on me and have taken a heavy toll on my family. The emotional damage has been devastating. I am now approaching two years in counseling to deal with the feelings of betrayal of everything I believed in. I had to cash in my retirement to cover legal costs that have already exceeded $20,000.

Needless to say, the Training Academy’s actions have destroyed my dream to work in law enforcement. To this day, I remain dumbfounded as the Ohio Peace Officer Training Academy is training future police officers, many of whom will one day become investigators of sex-related crimes.