Categories
Campus Sexual Assault Sexual Harassment Title IX Equity Project Training

PR: Many Universities Not Compliant with New Title IX Requirement to Post Training Materials

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Many Universities Not Compliant with New Title IX Requirement to Post Training Materials 

WASHINGTON / September 8, 2020 – A review of the websites of 50 colleges and universities across the nation reveals that 65% are out of compliance with the Title IX regulation’s requirement to post all Title IX training materials. This past week, SAVE filed complaints with Office for Civil Rights against several of these non-compliant schools.

The Title IX implementing regulation, 34 CFR 106, has new provisions, which went into effect on August 14, 2020, that require the posting of Title IX training materials. The regulation calls on schools to post on their websites, “All materials used to train Title IX Coordinators, investigators, decision-makers, and any persons who facilitate an informal resolution process.” §106.45(b)(10)(D)

On May 18, the Office for Civil Rights issued detailed guidance on the topic: https://www2.ed.gov/about/offices/list/ocr/blog/20200518.html. The guidance states, “All materials used to train Title IX personnel…Must be publicly available on the school’s website.” [emphasis in the original].

The guidance goes on to explain:

“Section 106.45(b)(10)(D) does not permit a school to choose whether to post the training materials or offer a public inspection option. Rather, if a school has a website, the school must post the training materials on its website.

  • A school must post on its website: “All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.” Posting anything less than “all materials” on the website in insufficient. Accordingly, merely listing topics covered by the school’s training of Title IX personnel, or merely summarizing such training materials is not the same as posting “all materials.” [emphasis in the original]

Many institutions, such as Princeton University (1), posted training materials geared toward students and faculty, or webinars provided by the Department of Education, but did not post the training materials used for Title IX staff. The federal regulation states that all materials used to train Title IX personnel must be posted. Training materials that are protected by a student ID number or password are also out of compliance, as the federal regulation states the material must be made publicly available.

In contrast, many schools are in compliance with the federal regulation’s posting requirement. Examples of such schools are Amherst College (2) and the University of Colorado-Boulder (3). The University of Vermont even posted a YouTube video of the actual training program that their staff attended (4).

SAVE has filed complaints with the Office for Civil Rights against 10 schools that are out of compliance with the federal regulation. More OCR complaints will be filed as SAVE continues its review of school websites.

The SAVE Title IX Equity Project has found that Title IX violations are widespread at schools across the country. These violations pertain to sex-specific scholarships, sex-specific programs, and due process procedures in campus adjudications. The number of open OCR investigations of such violations currently exceeds 200 cases, and continues to increase (5).

Citations:

  1. https://sexualmisconduct.princeton.edu/reports
  2. https://www.amherst.edu/offices/title-ix/title-ix-policy
  3. https://www.colorado.edu/oiec/policies
  4. https://www.uvm.edu/aaeo/title-9-sexual-misconduct
  5. http://www.saveservices.org/equity/ocr-investigations/
Categories
Campus Sexual Assault Sexual Harassment Title IX Victims

PR: Survivors, Accused Students, and Faculty Bid ‘Farewell’ to Campus Kangaroo Courts; Welcome New Title IX Regulation

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Survivors, Accused Students, and Faculty Bid ‘Farewell’ to Campus Kangaroo Courts; Welcome New Title IX Regulation

WASHINGTON / August 18, 2020 – Sexual assault survivors, accused students, and faculty members are welcoming the new Title IX regulation, which took effect this past Friday on college campuses across the nation. Title IX is the federal law that bans sex discrimination at schools receiving federal funds. The new regulation replaces a 2011 Department of Education policy that sparked national controversy, hundreds of lawsuits, and thousands of federal complaints.

Sexual assault survivors are applauding the new regulation because it provides a detailed and legally enforceable framework for colleges to investigate and adjudicate allegations of sexual assault. Under the old policy, some victims reported the ‘brush-off’ treatment they received was more traumatic than the original assault (1).

Many of these victims complained to the federal Office for Civil Rights. As a result, the number of sex discrimination complaints increased over four-fold, from 17,724 (2000-2010) to 80,739 (2011-2020). (2)  Male victims of sexual assault are anticipating that their complaints also will taken more seriously by campus administrators.

Accused students will benefit from a restoration of fundamental due process rights, which include the right to an impartial investigation and an unbiased adjudication. Over the years, hundreds of wrongfully accused students have sued their universities. On July 29, for example, a federal appeals court reversed a lower court decision and reinstated sex discrimination charges brought by David Schwake against Arizona State University (3). The Schwake decision brings the number of judicial decisions in favor of students accused of sexual misconduct to 184. (4)

Faculty members, who found their free speech rights curtailed by expansive definitions of sexual assault, welcomed the new Rule, as well. The National Association of Scholars decried how faculty members had been “denied the chance to respond to complaints, the right to confront and question witnesses, and even the right to be presumed innocent.” (5)

On August 9, Judge John Koeltl issued a ruling that allowed the regulation to be implemented as planned on August 14. Highlighting the long-awaited improvements for all parties, the Judge noted the regulations will “benefit both complainants and respondents by providing procedural guidance for grievance procedures,” and promised complainants “greater assurance” that decisions “will not be overturned because the process did not comply with due process.” (6)

The new Rule has been praised by a wide range of stakeholders, including the Independent Women’s Forum (7), National Association of  Criminal Defense Attorneys (8), Harvard law professor Jeannie Suk Gersen (9), former ACLU president Nadine Strossen (10), former Virginia governor Douglas Wilder (11), and others (12).

Staci Sleigh-Layman, Title IX Coordinator at Central Washington University, explains, “These new changes give a lot of credibility and due process and equal kind of attention to the person accused as well as the person coming forward… they put in place a process that seeks to provide due process for both sides.” (13)

Links:

  1. http://www.saveservices.org/sexual-assault/victims-deserve-better/
  2. https://www2.ed.gov/about/overview/budget/budget20/justifications/z-ocr.pdf
  3. https://www.businessinsurance.com/article/20200730/NEWS06/912335881/Man%E2%80%99s-Title-IX-case-against-Arizona-State-University-reinstated#
  4. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  5. https://www.nas.org/blogs/statement/the-new-title-ix-rules-make-it-to-the-finish-line
  6. https://kcjohnson.files.wordpress.com/2020/08/nys-pi-ruling.pdf
  7. https://www.iwf.org/2020/05/06/iwf-applauds-new-title-ix-regulations-as-fair-and-balanced/
  8. https://www.nacdl.org/newsrelease/NewTitleIXRegulationsDueProcess
  9. https://www.chronicle.com/article/The-Sex-Bureaucracy-Meets-the/248849
  10. https://ricochet.com/podcast/q-and-a/nadine-strossen-the-aclu-and-betsy-devos/
  11. https://www.roanoke.com/opinion/commentary/wilder-secretary-devos-right-to-restore-due-process-on-campus/article_dfac7ff4-7d4d-5109-9657-2532a0816f1d.html
  12. http://www.saveservices.org/2020/08/numerous-groups-and-individuals-applaud-new-title-ix-regulation/
  13. https://cwuobserver.com/15452/news/title-ix-changes-will-overhaul-sexual-assault-policy-at-cwu/
Categories
Campus Civil Rights False Allegations Sexual Assault Sexual Harassment Victims

The New Title IX Regulation: Historic Civil Rights Victory

“Victory belongs to those that believe in it the most and believe in it the longest.” – Randall Wallace

It is not common in one’s lifetime to experience a Civil Rights victory as historical as the one we celebrate today.

Today, August 14, 2020, the new Title IX regulation implementing rules for sexual harassment goes into effect at schools across America.  SAVE celebrates this victory for our nation, our students, and faculty, many of whom have been subjected to unfair campus disciplinary hearings over the past nine years.

Since 2011, when the controversial Dear Colleague Letter on sexual violence was released, 647 lawsuits have been filed against universities, thousands of student transcripts have been permanently stamped with “expulsion” or “suspension”, and countless professors have been fired or censured.  There is no limit to the trauma and emotional abuse these persons have experienced.

Many of these persons complained. As a result, the Department of Education reported that following release of the DCL, the number of Title IX complaints to the OCR increased nearly 5-fold, from 17,724 (2000-2010) to 80,739 (2011-2020).

Today we turn the page. 

Margaret Thatcher famously said, “You may have to fight a battle more than once to win it.”  Secretary of Education Betsy DeVos, her staff, and individual civil rights advocates and groups, well understand the numerous battles that were fought to get to where we are today. Let’s highlight some of these efforts:

2011-2013:

2014-2016:

  • The Department of Justice reported the annual rate of sexual assault among college age females was 1/1000 women, refuting the widely disseminated one-in-five number.
  • Title IX for All was established, which offers a Database of OCR Resolution Letters and a Legal Database of lawsuits against universities.
  • A group of Harvard University Law Professors issued the statement, Rethink Harvard’s Sexual Harassment Policy.
  • A group of Penn Law faculty members issued their Open Letter, Sexual Assault Complaints: Protecting Complainants and the Accused Students at Universities
  • The American Association of University Professors issued a report, The History, Uses, and Abuses of Title IX
  • Professors from around the country issued Law Professors’ Open Letter Regarding Campus Free Speech and Sexual Assault
  • SAVE sent a letter calling on Congress to Rescind and Replace the Dear Colleague Letter (April 4), issued a Special Report, “Lawsuits Against Universities for Alleged Mishandling of Sexual Misconduct Cases;” and held meetings with staffers in 60 offices in the Senate and House of Representatives to discuss problems with the OCR policy. Over subsequent years, SAVE representatives would hold over 1,000 meetings with legislative staffers.
  • 2,239 articles and editorials were published critical of the OCR policy.

2017-2019:

2020:

  • On May 6, 2020 the Department of Education issued its final rule.
  • Four lawsuits were filed opposing the Rule, and amicus briefs were filed by SAVE, FACE, and FIRE.
    • Attorneys General lawsuit (Request for Preliminary Injunction denied on 8/12/20)
    • ACLU lawsuit (Pending)
    • National Women’s Law Center lawsuit (Pending)
    • State of New York lawsuit (Request for Preliminary Injunction denied on 8/9/20)

Today, August 14, 2020 the Final Rule is being implemented on college campuses and K-12 schools across America.

This has been an incredible journey ending in a momentous victory, but one that is not over.  The letter of the law was penned by our U.S. Department of Education, and now the spirit of the law must be carried out to ensure our students and faculty receive every protection the Title IX law provides.

Categories
Campus Discrimination Due Process False Allegations Rape-Culture Hysteria Sexual Assault Sexual Harassment Title IX Victims Violence

UNC Wants SCOTUS to Review Ruling Mandating Release of Sexual Assault Sanctions

Updated August 8, 2020

 — The University of North Carolina at Chapel Hill intends to ask the United States Supreme Court to review a 4-3 decision by the Supreme Court of North Carolina that ordered the school to release the names of students found responsible and sanctioned for sexual misconduct.

After a nearly four-year legal fight, UNC released a list of 15 names in response to a request for all sanctions issued for sexual misconduct since 2007.

The release of the records comes three months after the state Supreme Court sided with a coalition of North Carolina media organizations that sued the university after it denied a 2016 public records request for the information. The coalition includes Capitol Broadcasting Co., WRAL’s parent company, as well as UNC-Chapel Hill’s student newspaper, The Daily Tar Heel.

“We, along with many advocates for  survivors  of sexual assault and interpersonal violence, still believe the release of these records will inevitably lead to an increased risk of the identification of  survivors  and key witnesses and  could discourage others from participating in the Title IX process,” said Joel Curran, vice chancellor of University Communications.

“Universities should not be forced to release student records that could identify sexual assault  survivors,” Curran said.

Annie Clark, a former student who has spent seven years advocating for more transparency about sexual assaults on campus, says the release of the names is a step in the right direction.

“We have a lot of survivor advocates and survivors themselves who want these names released, who want to have that vindication,” Clark said. “But you also have a lot of folks who don’t want that, who feel like, if their perpetrator’s or alleged perpetrator’s name is released, that it puts them in danger.”

Clark was one of five women who filed a complaint with the U.S. Department of Education in 2013 accusing UNC-Chapel Hill of underreporting sexual assault cases for 2010 in an annual report to the federal government on campus crime. It also alleged that campus officials allowed a hostile environment for students reporting sexual assault.

“It is very surprising that, over the course of years, that there are only 15 people who have been found responsible that the university released,” Clark said. “What we know is that one in four or one in five women, depending on the statistics used, are sexually assaulted before they graduate, drop out or leave college in another way.”

Clark wants UNC-Chapel Hill and other universities to release even more information, including how many total assaults are reported, how many are investigated and how many result in sanctions.

“There is a lot further to go,” she said. “I think we need to look beyond this one story of releasing names and look more towards why are people still doing, why are people are still getting away with and where are those aggregate numbers and where are people falling through the cracks.”

On UNC-Chapel Hill’s website for its Equal Opportunity Compliance office, sexual assault victims are encouraged to report criminal activity to law enforcement; however, accusers can choose to pursue a case through a university process that’s been kept completely confidential.

As for its internal process, Curran said, “The University’s Title IX policy and process are mandated by the federal government and are separate and distinct from any criminal process.”

“Sanctions are tailored to the unique facts and circumstances of each report, and the University’s Equal Opportunity and Compliance Office investigators and hearing panelists consider a variety of factors when determining the appropriate sanction,” said Leslie Minton, associate director of media relations. “Those factors are listed in the procedures associated with the Policy on Prohibited Discrimination, Harassment and Related Misconduct. This is an educational process focused on maximizing equal access to educational programs and activities and the safety and well-being of our students and campus community.

WRAL News has a team of reporters gathering more information on the students named and intends to share more information.

Source: https://www.wral.com/unc-wants-scotus-to-review-ruling-mandating-release-of-sexual-assault-sanctions/19225371/

Categories
Campus Civil Rights Department of Education Department of Justice Due Process False Allegations Sexual Assault Title IX

Can Lockdown Learning Liberate Male Students?

The COVID-19 cloud hanging over North American universities may contain a ray of sunlight. It may ease what is called “the boy problem” in education—a significantly reduced number of male students and of male achievement in colleges. As bleak as isolated learning may seem to some, it may be more male friendly than many campuses.

Critics denounce off-campus learning as a lesser service being offered at full price. Certainly, the college experience can be enhanced by direct interaction with professors, other students, and organizations. But a radical left ideology dominates the university system, and it is sustained by an army of administrators who implement policies of social control, from speech codes to sexual mores. This often leads to stifled opinions, preferential treatment of some classes of student, accusations of misconduct, speech police, campus hearings with no due process, and punishment with no appeal. There can be advantages to a stripped-down version of learning without the social justice and social control that turns the benefits of interaction into cruel dangers.

An October 2018 article in the New York Times, “Think Professors Are Liberal? Try School Administrators,” complained,

The ideological bent of those overseeing collegiate life is having the biggest impact on campus culture…I received a disconcerting email this year from a senior staff member in the Office of Diversity and Campus Engagement at Sarah Lawrence College, where I teach. The email was soliciting ideas…for a conference, open to all of us, titled “Our Liberation Summit.” The conference would touch on such progressive topics as liberation spaces on campus, Black Lives Matter and justice for women as well as for lesbian, gay, bisexual, transgender, queer, intersex, asexual and allied people.

The conservative professor objected to the political polarization of this campus conference and the power of the administrator. Those who reject any tax-funded conference can sympathize, not because of the politics involved but because of the taxes. The fact that “those overseeing collegiate life” push their own orthodoxy is insult added to injury.

The silver lining of at-home learning: students who attend class in pajamas have little occasion to encounter social justice warrior (SJW) bureaucrats. In on-campus life, they seem to be everywhere.

In 2017, Todd J. Zywicki and Christopher Koopman of George Mason University published a study entitled “The Changing of the Guard: The Political Economy of Administrative Bloat in American Higher Education.” They found,

Universities have increased spending, but very little of that increased spending has been related to classroom instruction; rather, it is being directed toward non-classroom costs. As a result, there has been a growth in academic bureaucracies, as universities focus on hiring employees to manage or administer people, programs, and regulations. Between 2001 and 2011, these sorts of hires have increased 50% faster than the number of classroom instructors. This trend…has become ubiquitous in…American higher education. (p.2). [Data draws on WSJ article “Deans List: Hiring Spree Fattens College Bureaucracy—And Tuition.”]

Focusing on a narrow field of administrators offers a glimpse of the harm these bureaucrats inflict. Consider the impact of one branch on one student population: Title IX on male students, who have been called “the new minority” at colleges. This is particularly true of males from low-income families.

Jim Shelley, the manager of the Men’s Resource Center at Lakeland Community College in Ohio, explains one reason why; campuses feel hostile to them. They feel that college is geared toward protecting and promoting females.

“Not only are there not programs like ours [on other campuses] that are supportive of male students, but at most college campuses the attitude is that men are the problem.…I’ve had male students tell me that their first week in college they were made to feel like potential rapists.”

A great deal of attention in the last decade has been directed to “the boy problem” in education. A few examples include:

Logically, administrators seem to be ideally placed to ensure that campuses are welcoming to and not hostile environments for males. In reality, they do the opposite. Just one example are sex specific scholarships that overwhelmingly favor female applicants—often prohibiting male ones—even though Title IX’s implementing regulation, 34 CFR 106, prohibits federally tax-supported scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.”

A broader overview reveals how badly administrators may be failing or actively harming male students. The overview involves taking universities at their word and examining the makeup of staff, such as Title IX administrators. A popular campus idea is that only another member of a specific gender or race understands the experience of that gender or race; only blacks understand the black experience, etc.

This argument is used to push for a so-called diversity of hiring that gives female students access to female counselors and mentors, for example. Again, this approach leads to preferential hiring based on gender or race—that is, quotas—which are anathema to any system of merit. Nevertheless, socially engineered quotas are normal at universities. If applied even handedly, this should result in a population of administrators that roughly mirrors the population of students. This seems especially important for Title IX administrators who are supposed to ensure non-discrimination based on sex.

What is the gender mix of the student populations? It varies from campus to campus, of course, but an October 2019 article entitled The Degrees of Separation Between the Genders in College in the Washington Post renders a fair sense of it. The article states, “Fifty years ago, 58 percent of U.S. college students were men. Today, 56 percent are women, Education Department estimates show.” This is a commonly cited statistic.

CaptureOne would expect Title IX administrators, therefore, to be half-female and half-male, or something roughly close to this ratio. A review of the websites of the largest public university in each state, however, reveals a huge gender gap in Title iX staff. In the 51 universities, there were 168 female staffers to 48 male, or 3.5 times more females.

If this gap resulted from free market factors, then it would be an interesting and harmless anomaly that probably reflects how employment preferences differ between the genders. No solution would be required because no problem would exist. But universities are socially engineered institutions. They receive Title IX funding and other federal benefits on the specific condition of non-discrimination. If blacks constituted 44 percent of a student body while 3.5 times more whites than blacks occupied highly paid positions of authority, there would be a cry of “racism!” No one cries out for male students.

Administrators will not give up their positions easily, simply because they are highly paid and bring status. According to the 2012-13 “Administrators in Higher Education Salary Survey” by the College and University Professional Association for Human Resources, the average annual salary of a “Chief Executive Officer of a System” in a two-year institution was $291,132; in a four-year institution, $370,470; in a doctoral context, $431,575. By contrast, a 2015-16 report from the American Association of University Professors (AAUP) found the average salary of a tenured professor at a public college was $78,762. Again, this is not a hard comparison, but it renders a good general sense of the scope of the problem and why the administrators will not easily cede their authority.

Ultimately, the solution is to privatize colleges and run them as businesses in which owners make decisions, usually according to market feedback. In the absence of this and the presence of tax-funding, however, it is blatantly wrong to privilege one class of human being and discriminate against another class in employment and opportunity. It is especially hypocritical to do so within a program that allegedly champions non-discrimination.

If the lockdown of universities loosens the death grip that anti-male administrators have on college campuses, then at least one benefit will come from it. If SJW social justice bureaucrats are shown to be irrelevant, perhaps cash-strapped universities will consider a return to academia and cease to be petri dishes of social experimentation.

https://libertarianinstitute.org/articles/can-lockdown-learning-liberate-male-students/

Categories
Campus Investigations Sexual Assault Sexual Harassment Title IX Trauma Informed

PR: Four Reasons Why General Counsel Should Not Allow ‘Trauma-Informed’ Investigations for Title IX Cases

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Four Reasons Why General Counsel Should Not Allow ‘Trauma-Informed’ Investigations for Title IX Cases

WASHINGTON / August 3, 2020 – With less than two weeks remaining before the effective date of the new Title IX regulation, SAVE is advising university counsel to review institutional polices to assure Title IX investigations do not rely on flawed “trauma-informed” methods. The use of such investigative approaches, sometimes referred to as “victim-centered” or “Start By Believing,” is inadvisable for four reasons:

  1. Regulatory Requirements: “Trauma-informed” means the investigator presumes that the complainant has experienced significant physical and psychological trauma, and interprets the complainant’s statements through that lens. This presumption is inconsistent with the text of the new Title IX regulation, which reads:

“A recipient must ensure that Title IX Coordinators, investigators, decision-makers, and any persons who facilitate an informal resolution process, receive training on….. how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias… recipient also must ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence….Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.” [key words in italics] (1)

  1. Case Law: In a growing number of lawsuits, judges have issued rulings against universities because of their use of trauma-informed investigations. In a recent judicial decision against Syracuse University, the federal judge noted: “Plaintiff alleges that the investigation relied on ‘trauma informed techniques’ that ‘turn unreliable evidence into its opposite,’ such that inconsistency in the alleged female victim’s account . . . becomes evidence that her testimony is truthful” (2).

Brooklyn College professor KC Johnson has summarized a number of these cases (3): “In a lawsuit against Penn, the court cited the university’s trauma-informed training as a key reason why the complaint survived a motion to dismiss. During the Brown university bench trial, the decisive vote in the adjudication panel testified that she ignored exculpatory text messages because of the training she had received. Ole Miss’ trauma-informed training suggested that an accuser lying could be seen as a sign of the accused student’s guilt. And at Johnson & Wales, the university was so disinclined to make public the contents of its training that it refused a request by the accused student’s lawyer to see it before the hearing.”

  1. Lack of a Scientific Basis: Several peer-reviewed articles have discredited the scientific basis of trauma-informed investigations: Deborah Davis and Elizabeth Loftus: “Title IX and “Trauma-Focused” Investigations: The Good, the Bad, and the Ugly” (4); Sonja Brubacher and Martine Powell: “Best-Practice Interviewing Spans Many Contexts” (5); and Christian Meissner and Adrienne Lyles: “The summary of Training Investigators in Evidence-Based Approaches to Interviewing.” (6)

Journalist Emily Yaffe has described trauma-informed methods as “junk science.” (7) A compilation of other scientific critiques of trauma-informed is available online (8).

  1. Criticized by Leading Title IX Groups: Several organizations have issued reports and statements that are critical of trauma-informed investigations: ATIXA: “ Trauma-Informed Training and the Neurobiology of Trauma;” (9) FACE: “Trauma-Informed Theories Disguised as Evidence”(10)  SAVE: “Believe the  Victim: The Transformation of Justice;” (11) In addition, 158 professors and legal experts endorsed an Open Letter that is critical of the use of trauma-informed methods (12).

A UCLA working group appointed by former California governor Jerry Brown concluded, “The use of trauma-informed approaches to evaluating evidence can lead adjudicators to overlook significant inconsistencies on the part of complainants in a manner that is incompatible with due process protections for the respondent.” (13)

“Trauma-informed” may be useful in the context of providing counseling and mental health services. But trauma-informed philosophy serves to bias the investigative process, rendering campus adjudications unreliable.

Links:

  1. http://www.saveservices.org/2020/05/new-title-ix-regulatory-text-34-cfr-106/ Section 106.45(b)(1)
  2. https://www.thefire.org/syracuse-decision-an-important-step-forward-for-the-rights-of-private-university-students/
  3. https://www.mindingthecampus.org/2019/09/20/fake-claims-of-rape-due-to-trauma-under-scrutiny/
  4. http://www.saveservices.org/wp-content/uploads/TitleIXand%E2%80%9CTrauma-Focused%E2%80%9DInvestigations-TheGoodTheBadandtheUgly.pdf
  5. http://www.saveservices.org/wp-content/uploads/Best-PracticeInterviewingSpansManyContexts.pdf
  6. http://www.saveservices.org/wp-content/uploads/TitleIXInvestigations-TheImportanceofTrainingInvestigatorsinEvidence-BasedApproachestoInterviewing.pdf
  7. https://www.theatlantic.com/education/archive/2017/09/the-bad-science-behind-campus-response-to-sexual-assault/539211/
  8. http://www.prosecutorintegrity.org/sa/trauma-informed/
  9. https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2019/08/20123741/2019-ATIXA-Trauma-Position-Statement-Final-Version.pdf
  10. https://www.facecampusequality.org/s/Trauma-Informed-Theories-Disguised-as-Evidence-5-2.pdf
  11. http://www.saveservices.org/wp-content/uploads/SAVE-Believe-the-Victim.pdf
  12. http://www.saveservices.org/wp-content/uploads/VCI-Open-Letter-7.20.18.pdf
  13. http://www.ivc.edu/policies/titleix/Documents/Recommendations-from-Post-SB-169-Working-Group.pdf
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
Campus Department of Education Office for Civil Rights Sexual Assault Sexual Harassment Title IX Victims

Supreme Court Asked to Review Title IX ‘Circuit Split’

Former Michigan State University students have asked the U.S. Supreme Court to review an appellate court’s December 2019 decision in their case against the university, in which a judge delivered a precedent-setting and unfavorable decision for victims of sexual misconduct.

The petition to the Supreme Court, made by Emily Kollaritsch and other women who say they were raped by the same male student while attending Michigan State, asks the justices to solve a “circuit split” between appellate courts across the country. Several courts disagree on how colleges should be held liable when sexual harassment complainants experience further harm after filing complaints. The petition calls on the justices to decide whether colleges can be held responsible for failing to address students’ “vulnerability” to sexual misconduct, or if preventable sexual misconduct must actually occur for colleges to be found in violation of Title IX of the Education Amendments of 1972, the law that prohibits sex discrimination at federally funded institutions.

The case is centered on Kollaritsch and argues that Michigan State failed to protect her from being further harassed by a male student after the university found him responsible for sexually harassing her in 2011. The university issued a no-contact order and Kollaritsch said the male student broke it, but Michigan State could not prove he had. Kollaritsch also said she suffered panic attacks as a result of seeing the male student on campus, which she said indicated that Michigan State was “deliberately indifferent” to her sexual harassment. She said she suffered further harm by the male students’ presence on campus.

The 2019 opinion issued in the United States Sixth Circuit Court of Appeals said Michigan State could not be held liable because Kollaritsch could only prove she experienced mental health challenges from seeing the male student and not “further actionable sexual harassment” by him. The case was sent back to the district court for dismissal.

The Sixth Circuit opinion deepened a split in how different appellate courts interpret a 1999 Supreme Court case that found colleges can be held liable for “deliberate indifference” to sexual misconduct on campus under Title IX. Some circuit courts maintain that if a victimized student is merely vulnerable to harassment, even if it does not actually occur, then the institution is failing to provide an equal educational environment and could be held liable. The Eighth and Sixth Circuits hold that alleged victims must “prove additional, post-notice sexual harassment in order to state a claim for damages under Title IX,” according to Kollaritsch’s petition.

The petition was filed on July 2. On July 23, the court approved an extension requested by Michigan State to move the deadline for when the university’s lawyers must file a response. Michigan State will respond to the petition by Sept. 9, the case’s docket says.

Source: https://www.insidehighered.com/quicktakes/2020/07/24/supreme-court-asked-review-title-ix-%E2%80%98circuit-split%E2%80%99

Categories
Campus Sexual Assault Sexual Harassment Title IX

Betsy DeVos Thanks Assistant Secretary Marcus for His Service Leading Civil Rights Office

WASHINGTONU.S. Secretary of Education Betsy DeVos praised Assistant Secretary Kenneth L. Marcus for his strong leadership of the Office for Civil Rights (OCR) and for the remarkable results achieved after Marcus announced his upcoming departure from government service to return to the private sector.

“I am so thankful for Ken’s strong leadership over the last two years,” said Secretary DeVos. “He helped drive incredible results for students by vigorously enforcing civil rights laws, expanding protections from discrimination, and refocusing OCR on resolving cases efficiently and effectively. He has been a tremendous asset to us and an ally to students, and I will always be grateful he agreed to return to government service to join the President’s and my team. While we are sad to see him go, I know in his next professional chapter he will further build on his successful career of advocating for the civil rights of America’s students.”

“I am grateful to President Donald J. Trump and Secretary Betsy DeVos for the honor of directing, over the last two years, OCR’s talented and committed staff,” said Assistant Secretary Marcus. “Throughout my tenure, OCR has reinforced its status as a neutral, impartial civil rights law enforcement agency that faithfully executes the laws as written and in full, no more and no less, focusing carefully on the needs of each individual student. The data demonstrate that this approach works. While I am sad to leave colleagues for whom I have so much respect and affection, I am heartened to know that I am leaving the institution in excellent hands.”

During the last two fiscal years and the first several months of the current fiscal year, OCR has made historic advances in protecting the civil rights of America’s students:

  • Resolving some of OCR’s most extensive systemic investigations of Title IX violations in American higher education, as well as the largest investigation that OCR ever conducted into systemic sexual assault problems in an urban public school system;
  • Launching the Outreach, Prevention, Education, and Non-discrimination (OPEN) Center to focus on outreach and proactive compliance with federal civil rights laws;
  • Commencing nationwide initiatives to address sexual assault in elementary and secondary schools and inappropriate use of restraint and seclusion on students with disabilities (with the Office of Special Education and Rehabilitative Services);
  • Launching over three times more proactive civil rights investigations last year than the prior administration launched in all eight years combined;
  • Establishing the National Web Accessibility Team to resolve technology accessibility problems in educational institutions;
  • Advancing the Administration’s deregulatory initiative, in conjunction with the Department of Justice, by rescinding sub-regulatory guidance that exceeded statutory authorization;
  • Improving the quality of OCR’s authoritative Civil Rights Data Collection through numerous reforms facilitated by a newly-expanded partnership with the National Center for Education Statistics;
  • Reforming the Department’s approach to civil rights in career and technical education, through a new Memorandum of Procedures issued in conjunction with the Department’s Office of Career, Technical, and Adult Education;
  • Providing timely and important guidance on protection of student civil rights in light of COVID-19;
  • Administering President Trump’s historic Executive Order on Combating Anti-Semitism through vigorous enforcement; and
  • Strengthening Title IX protections for survivors of sexual misconduct and restoring due process in campus proceedings to ensure all students can pursue education free from sex discrimination through game-changing Title IX regulatory reform.

The data demonstrate the vigor with which OCR has been conducting its work in recent years. For example, during fiscal years 2018 and 2019, OCR resolved nearly 1,000 more allegations of discrimination by requiring corrective action than the previous administration had during its last two fiscal years. During this period, OCR achieved a 45% increase in the total number of Title VI allegations resolved with change and a 78% increase in the total number of Title IX allegations resolved with change compared to the last two fiscal years under the previous administration.

Assistant Secretary Marcus will continue his service until the end of the month in order to ensure appropriate continuity within OCR. Principal Deputy Assistant Secretary Kimberly Richey will succeed Marcus as Acting Assistant Secretary.

Source: https://content.govdelivery.com/accounts/USED/bulletins/294dcb0

Categories
Campus Sexual Assault Sexual Harassment Title IX

Ringing the Bell of Justice, 14 Attorneys General Remind Colleges of their Legal Duties Under Title IX

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

 Ringing the Bell of Justice14 Attorneys General Remind Colleges of their Legal Duties Under Title IX

WASHINGTON / July 20, 2020 – The Attorneys General from 14 states have released an Amicus Brief that summarizes the legal obligations of colleges and universities in responding to allegations of campus sexual misconduct. The Attorneys General represent the states of Texas, Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, South Dakota, and Tennessee.

On May 6, the federal Department of Education issued a new regulation creating a legal obligation for colleges to investigate and adjudicate allegations of sexual assault. The regulation, known as the Final Rule, increased legal protections both for complainants (1) and the accused (2).

But one month later the Attorneys General from 18 other states filed a lawsuit in federal court seeking to block the implementation of the new regulation, claiming the policy would cause “immediate and irreparable harm” to schools and students (3).

Last week’s Amicus Brief by the 14 Attorneys General is grounded in schools’ constitutional and other legal obligations to assure fairness for all students. The AGs note, “the Final Rule’s due process protections requiring live hearings, direct cross examination, and neutral fact-finders, reflect a reasonable, straightforward approach to resolution of Title IX complaints that protects both complainants’ and respondents’ due process rights.”

The Brief charges that current campus policies represent a “constant recycling of discredited, unconstitutional policies” that “effectively eliminated a presumption of innocence for those accused of sexual misconduct.” The Brief concludes, “The Final Rule aims to provide robust protections for individual rights by ameliorating the constitutional and statutory deficiencies caused by prior regulations and guidance.”

The Amicus Brief also disputes the “immediate and irreparable harm” claim, accurately explaining that the plaintiffs “have known for years that constitutional norms favor more procedural protections for students accused of sexual harassment, not less.” Therefore, “If Plaintiffs and these institutions suffer harm because of the Final Rule’s effective date, then that harm was self-inflicted.”

To date, 650 lawsuits have been filed by accused students against their schools (4). In a majority of cases, judges have ruled in favor of these students (5).

The Editorial Boards of the following newspapers have endorsed the new Title IX regulation: New York Daily News, Detroit News, Wall Street Journal, The Oklahoman, Pittsburgh Post-Gazette, and the Philadelphia Inquirer (6).

The Attorneys General Amicus Brief is available online (7).

NOTE: The original AG Brief, filed on July 15, listed 14 Attorneys General. The following day, the Nebraska Attorney General also agreed to support the Brief. So now 15 Attorneys General are included. This is the revised Brief: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/04517937890.pdf  

Links:

  1. http://www.saveservices.org/2020/05/analysis-new-title-ix-regulation-will-support-and-assist-complainants-in-multiple-ways/
  2. https://www.newsweek.com/title-ix-reforms-will-restore-due-process-victims-accused-opinion-1510288
  3. https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/TitleIX_Complaint.pdf
  4. https://www.titleixforall.com/plaintiff-demographic-data-now-available-in-title-ix-legal-database/
  5. https://nyujlpp.org/wp-content/uploads/2019/12/Harris-Johnson-Campus-Courts-in-Court-22-nyujlpp-49.pdf
  6. http://www.saveservices.org/title-ix-regulation/
  7. https://www.courtlistener.com/recap/gov.uscourts.dcd.218699/gov.uscourts.dcd.218699.74.0.pdf