Category: Training

SAVE Opposes HB 370: Sexual Harassment Training in the Workplace

Post author By Edward Bartlett
Post date January 17, 2024

PRESS RELEASE

Rebecca Hain: 513-479-3335

SAVE Opposes HB 370: Sexual Harassment Training in the Workplace

WASHINGTON / January 18, 2024 – The House of Delegates in the Commonwealth of Virginia is considering legislation – HB 370 — that would require all employers with more than 50 employers to provide detailed harassment training annually to all employees (1).

The bill raises a number of problems and concerns, including cost, trainer qualifications, false accusations, and effectiveness:

In addition to the additional financial burden imposed on companies, the bill micromanages trainings in ways that may undermine their effectiveness. It requires that the training be conducted by an “educator or human resources professional.” Why not an experienced lawyer? Lawyers who bring or defend sexual harassment cases and administrative complaints know what the law actually requires.

Sexual harassment training can give rise to false accusations, as well. One manager revealed, “I am a manager and one of my employees reported that she was being sexually harassed by another employee. Her accusations included vague terms and said this employee would stare at her, making her uncomfortable. I immediately notified HR so they could do a full investigation and it turns out that these accusations were false. The employee admitted she just didn’t like the other person and was hoping to get them fired or, in her words ‘cancelled.’” (2).

There is little evidence that sexual harassment training reduces sexual harassment (3). Some research has found that sexual harassment training may have the opposite effect. One study reported that persons who participated in the training were “significantly less likely” to consider coercive behaviors toward a subordinate or student as sexual harassment, compared with persons who hadn’t done the training (4).

In Kentucky, one lawmaker spoke out in opposition to the mandatory sexual harassment training for lawmakers. Sen. John Schickel said. “Legislators sit through three hours at taxpayers’ expense to be told by a bureaucrat who’s making six figures and elected by no one what’s ethical and what’s not.” (5)

HB 370 may be voted on this week. SAVE urges Virginia lawmakers to strongly oppose HB 370.

SAVE – Stop Abusive and Violent Environments – is a 501(c)3 organization working to assure due process and fairness.

Links:

(1) https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB370+hil

(2) https://www.reddit.com/r/AskHR/comments/12b1vl6/ca_employee_falsely_accused_another_of_sexual/

(3) https://www.pbs.org/newshour/nation/does-sexual-harassment-training-work

(4) https://www.theguardian.com/us-news/2016/may/02/sexual-harassment-training-failing-women

(5) https://www.cincinnati.com/story/news/politics/2017/02/13/nky-senator-tired-sexual-harassment-training/97861206/

California Civil Rights Department of Education Due Process False Allegations Feminism Office for Civil Rights Press Release Title IX Training

Broken on Campus: High-Profile Failures Reveal Title IX Offices are in Desperate Need of Reform

Post author By Edward Bartlett
Post date July 22, 2023

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Broken on Campus: High-Profile Failures Reveal Title IX Offices are in Desperate Need of Reform

WASHINGTON / July 24, 2023 – Three recent reports reveal widespread oversights and failures at university offices that were established to assure compliance with Title IX, the federal law enacted to stop sex discrimination in schools. The problems with Title IX are being seen throughout the country at institutions large and small, private and public, in three areas:

Discrimination against Male Students: A recent article in the Chronicle of Higher Education reveals the existence of a broad array of scholarships, leadership development programs, awards, and summer camps that illegally exclude male students. The article notes that economist Mark Perry has filed hundreds of anti-discrimination complaints with the federal Office for Civil Rights, alleging more than 2,000 violations of federal antidiscrimination law by more than 750 colleges in virtually every state around the country (1).
Due Process: To date, 265 judicial decisions have been handed down (2) against colleges for sex discrimination (3), lack of due process, and other similar violations. One of the most notable decisions was rendered on June 27 when the Connecticut Supreme Court unanimously ruled in favor of student Saif Khan, who had been falsely accused of sexual assault. The Court singled out numerous due process deficiencies in the school’s Title IX procedures, including the fact that Yale “failed to establish an adequate record of the proceedings.” (4)
Handling of Sexual Harassment Complaints: A new report reveals a constellation of failures at California State University, the nation’s largest four-year public university. The report documents the lack of a coordinated approach across the 23-campus system, resulting in sexual misconduct complaints being ignored, mishandled, or falling through the cracks. The report deplores the lack of a “consistent formal process for reporting, resolving, documenting, or tracking” of complaints, and makes numerous recommendations for improvement (5).

Part of the problem can be traced to a lack of legal expertise among Title IX coordinators. According to the Association of Title IX Administrators, the leading trade organization for Title IX coordinators, fewer than one in four coordinators have a Juris Doctor degree (6). Another analysis revealed a pro-feminist, anti-male bias among many Title IX coordinators (7).

In addition, the Association of Title IX Administrators has a well-documented history of seeking to roll back on Fourteenth Amendment-based due process protections for the accused (8). Last year, a lawsuit was filed against ATIXA president Brett Sokolow for allegedly using company funds for personal purposes and defrauding clients (9).

All of these facts point to a pervasive lack of impartiality, professionalism, and legal expertise in the Title IX field. One might reasonably conclude that these problems need to be addressed before any efforts are make to widen the scope of the Title IX law or increase the duties of Title IX coordinators.

And that’s exactly what the Department of Education’s proposed Title IX regulation seeks to do (10).

Citations:

#MeToo Civil Rights Department of Education Discrimination Due Process Legal Office for Civil Rights Scholarships Sex Stereotyping Title IX Title IX Equity Project Training

Public University Stops Banning Males From Federally Funded Program to Resolve Federal Investigation

Post author By saveadmin
Post date October 8, 2020

Allowed to avoid admitting guilt for violating Title IX

The University of Central Oklahoma received nearly $831,000 in federal taxpayer dollars to run a computer and STEM camp for high schoolers that violated Title IX.

Following a complaint by University of Michigan-Flint economist Mark Perry, whose side gig is challenging educational programs that exclude disfavored groups (usually males and whites), the program is nominally accepting all students, not just girls.

Also a scholar at the American Enterprise Institute, Perry wrote on his blog Monday that the Department of Education’s Office for Civil Rights informed him of the resolution at UCO.

By his count, 27 of his 231 complaints have been resolved “in my favor,” with more than 80 still under investigation by OCR. He expects all of them to end in his favor too, “given the clarity” of Title IX “and the clear violations” by colleges.

Originally described as a “Computer Forensics Program & an Education-Career Pathway for Girls,” according to its National Science Foundation grant page, the program repeatedly emphasized that it was only for girls. Perry said the university’s website for the program just recently removed application language that explicitly said the program is “unavailable for male students.”

An image of the original page with the word “Girls” in the title and description is still available from its website, though the application page that explicitly excludes male students does not appear to be cached anywhere The College Fix could find. The illegal program was funded by corporate sponsors and partners including Apple, IBM, Inciter, CGI and Stelar.

Perry said he learned about the program through the parents of a high school boy who wanted to apply but saw the no-males language on the application page. The economist filed the complaint under his own name – as he always does – to protect their anonymity.

The taxpayer-funded university has removed all sex-specific language from the content of the website, though it still only shows girls and its domain is still ComputerAcademyforGirls.com. Perry said OCR told him the federal office is “still in the monitoring stage” for the university to comply with the “Voluntary Resolution Agreement,” which requires UCO to “eliminate any suggestion” that the program is “for a single sex.”

Perry noted that UCO President Patti Neuhold-Ravikumar herself signed the agreement, which “seems to be an indication of the seriousness of violating federal civil rights laws.” (He posted images of the two-page print agreement, dated Sept. 30.)

As with other OCR resolutions, however, UCO was allowed to avoid admitting guilt and it won’t face any financial penalties, he continued:

Perhaps that’s why so many universities knowingly violate Title IX — the worst-case scenario is that they get caught like UCO, make the necessary corrections to their Title IX violations so that they don’t jeopardize their federal funding, but without any serious consequences and without actually even having to admit to the violation!??

The economist also denounced the National Science Foundation for funding “hundreds” of programs that exclude males at colleges, including the College of William and Mary and University of Wisconsin System:

And most of the time, hundreds of violations of Title IX like UCO’s go undetected and unreported, often because those who are aware of the violations are unwilling to complain or report the violation, out of fear of retaliation, to the university’s Title IX office or the Office for Civil Rights.

Perry said OCR has notified him of five more investigations opened into his complaints in the past month, against the University of Virginia, Florida Gulf Coast University, University of South Alabama, Youngstown State University and University of Maryland. All are offering programs reserved for females.

UVA’s program is one of “several dozen” programs for “female leadership/entrepreneurship/negotiation” that illegally exclude men, he said, naming 20 other colleges with such programs against which he has filed complaints.

Source: https://www.thecollegefix.com/public-university-stops-banning-males-from-federally-funded-program-to-resolve-federal-investigation/

Campus Sexual Assault Sexual Harassment Title IX Equity Project Training

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

Post author By saveadmin
Post date September 8, 2020

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:

https://sexualmisconduct.princeton.edu/reports
https://www.amherst.edu/offices/title-ix/title-ix-policy
https://www.colorado.edu/oiec/policies
https://www.uvm.edu/aaeo/title-9-sexual-misconduct
http://www.saveservices.org/equity/ocr-investigations/

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

Post author By saveadmin
Post date July 28, 2020

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:

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

Accountability Campus Civil Rights Department of Justice Discrimination Law Enforcement Office for Civil Rights Press Release Research Training Victims

PR: Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

Post author By saveadmin
Post date October 11, 2016

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: glauterio@saveservices.org

Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

WASHINGTON / October 11, 2016 – Warning “victim-centered” investigations are “inconsistent with basic notions of fairness and justice,” an Expert Panel has issued a report calling on lawmakers to end such approaches in campus sexual assault cases (1). The Expert Panel was convened in observance of Wrongful Conviction Day on October 4 and addressed the growing problem of “victim-centered” investigations at colleges and in the criminal justice system.

“Victim-centered” methods abandon traditional notions of impartiality and objectivity, and instead call on investigators to presume that “all sexual assault cases are valid unless established otherwise by investigative findings,” as one report enjoins (2). Such recommendations represent a negation of the long-held tenet of the presumption of innocence, and are likely to lead to wrongful determinations of guilt.

One of the expert panelists was Michael Conzachi, a former homicide detective and police academy instructor. Conzachi sharply criticized the University of Texas-Austin document Blueprint for Campus Police, saying its recommendations to remove inconsistent statements and exculpatory information from investigational reports represent a potential violation of laws that bar evidence concealment and tampering.

E. Everett Bartlett, president of the Center for Prosecutor Integrity, reported that many lawsuits by accused students against universities now include allegations of investigational impropriety. He identified nine categories of investigational biases claimed in campus lawsuits such as Overt bias/Predetermination of guilt and Inadequate investigator qualifications.

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (CEFTA). The bill mandates the use of “justice-centered” investigations that would require campus investigators to “discharge their duties with objectivity and impartiality” (3).

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

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

Post author By saveadmin
Post date September 12, 2012

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

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

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

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

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

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

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

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

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

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

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

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

Domestic Violence Law Enforcement Press Release Research Training Violence

PR: Police Academy Curriculum Stereotypes Men as Abusers

Post author By saveadmin
Post date August 2, 2012

PRESS RELEASE

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

Police Academy Curriculum Stereotypes Men as Abusers

WASHINGTON/August 2, 2012 — Maine’s predominant aggressor policy removes the presumption of innocence from the accused and labels men as abusers, says victim-advocacy group Stop Abusive and Violent Environments (SAVE). The Maine Criminal Justice Academy’s “Identifying Predominant Aggressors in Domestic Violence Cases,” designed to train state law enforcement personnel, unfairly targets men, even though both sexes engage in domestic violence at similar rates.

One Centers for Disease Control study found 50% of violent couples are mutually aggressive, meaning both persons are exchanging blows. For one-way aggression, females were the perpetrators in 7 out of 10 cases (Daniel Whitaker. American Journal of Public Health, May 2007).

Law enforcement officials openly acknowledge that predominant aggressor policies are biased. “When it’s a ‘he-said, she-said’ situation with no injuries, we just arrest the guy,” admitted one officer.

SAVE’s report on Predominant Aggressor policies cites numerous deficiencies with the Maine curriculum (http://www.saveservices.org/downloads/Predominant-Aggressor-Policies):

The curriculum arbitrarily classifies face scratches, eye gouges, and arm bites as defensive, when such injuries can be actions taken by the perpetrator.
Some criteria for identifying the predominant aggressor are subjective and vague such as, “power and control dynamics of the couple.”
None of the curriculum’s 10 vignettes recommends arresting the female.

In addition, the curriculum does not address the possibility that the accusations may be false. It’s not uncommon for a woman to perpetrate domestic violence against a man, then call the police and accuse him of the abuse, SAVE notes.

During a July 10 domestic violence conference held in Portsmouth, NH, researcher John Hamel termed predominant aggressor policies “based in politics and ideology” and “nearly impossible to properly implement.” Several national columnists have also highlighted the biases in the Maine curriculum.

“Domestic violence experts around the country are pointing to Maine’s predominant aggressor guide as an example of a well-intentioned law enforcement policy that ends up revictimizing the victim,” says SAVE spokesperson Philip W. Cook. “Maine lawmakers must demand that Criminal Justice Academy director John Rogers rescind his harmful curriculum.”

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

Bills Press Release Research Training Victims Violence Against Women Act

PR: Battering the Truth: SAVE Report Reveals Many Abuse Statistics are One-Sided or False

Post author By saveadmin
Post date April 11, 2012

PRESS RELEASE

Contact: Teri Stoddard
Email: tstoddard@saveservices.org

Battering the Truth: SAVE Report Reveals Many Abuse Statistics are One-Sided or False

Washington, DC/April 11, 2012 — The federal government spends $76 million a year for domestic violence education programs, but 90 percent of the claims made in these programs are one-sided, misleading, or completely untrue, according to a new report from Stop Abusive and Violent Environments (SAVE). The report, “Most DV Educational Programs Lack Accuracy, Balance, and Truthfulness,” compares validated scientific research with the claims made by leading abuse-reduction groups: http://www.saveservices.org/downloads/SAVE-DV-Educational-Programs

The SAVE report highlights three offenders:

The American Bar Association frames its discussion of domestic violence with the broad claim that “2 to 4 million American women are battered every year.” But the dean of the University of Pennsylvania’s School of Social Work derides that statistic as a “factoid from nowhere.”
The National Network to End Domestic Violence, an umbrella organization for state domestic violence advocates, has developed a fact sheet on “Domestic Violence and Sexual Assault Fact Sheet.” Only five of the 30 statements contained in the NNEDV fact sheet are accurate and truthful representations of the social science.
Judicial benchbooks, used by judges as summaries of current law and key information on a subject, are similarly skewed. Various states’ manuals present the statistic that 95 percent of spouse-abuse victims are women. In fact, men are equally as likely as women to be victims of intimate partner aggression: http://www.saveservices.org/pdf/Seven-Facts-Every-American-Should-Know-About-DV.pdf.

The Violence Against Women Act (VAWA), which funds many of these educational efforts, has been criticized for having inadequate safeguards against waste and fraud: http://saveservices.org/pdf/SAVE-Accountability-and-Oversight.pdf.

SAVE has declared that such false claims are doing harm to victims of domestic violence. By imprinting a false picture of domestic violence on Americans’ understanding of the issue, the domestic violence establishment hampers outreach to male, LGBT, and other underserved victims.

Spokesman Philip W. Cook says of the report’s findings: “VAWA must not be reauthorized without a remedy for the damage this misinformation is doing to domestic violence victims and to our system of justice. The biases we are talking about are systematic, widespread, and doggedly resistant to correction.”

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