Month: February 2019

Categories
Sexual Assault

Blissfully Unaware of the Constitution, Kansas City Star Endorses ‘Kangaroo Court’ Justice

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

 

Blissfully Unaware of the Constitution, Kansas City Star Endorses ‘Kangaroo Court’ Justice 

WASHINGTON / February 5, 2019 – A commentary by the Kansas City Star Editorial Board criticizes a campus due process bill recently introduced in the Missouri legislature. https://www.postbulletin.com/opinion/other_views/editorial-missouri-legislation-would-gut-title-ix-and-use-it/article_8064cc39-b882-5d09-b163-3f268b661467.html  The sharply worded editorial reveals a misunderstanding of the meaning of due process, and suggests the Editorial Board may not be familiar with key provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution.

The Fourteenth Amendment states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law…” Courts have interpreted a “property” interest to include the loss of educational opportunities due to a suspension or expulsion from an institution of higher education.

SB 259 and HB 573 would require that “Any institution of higher education that handles formal Title IX complaints shall adopt grievance procedures that provide for a prompt and equitable resolution….” It is difficult to understand why the Star Editorial Board would object to such a provision.

To date, appellate judges around the country have issued rulings against Boston College, Claremont McKenna College, SUNY at Plattsburgh, Tulane University, University of California, University of Cincinnati, University of Miami, University of Southern California, and Washington State University calling for hearing procedures similar to those outlined in the Missouri bills in question.

The House version, HB 573, would allow for cross-examination between the parties. Again, appellate judges have issued numerous decisions calling for cross-examination. http://www.saveservices.org/wp-content/uploads/Appellate-Court-Cases-Report.pdf  Cross-examination benefits both accusers and the accused, so why would the Star Editorial Board be opposed to a procedure so fundamental to fairness?

The Editorial Board commentary is characterized by inflammatory language (“gut Title IX”), unsupported claims, and statements that are facially false, such as “the accused would become a protected class.”

Last year, District Court judge Brian Wimes ruled against the University of Missouri after one of its investigators told the accused student, an African-American graduate student, that he “looked like someone who might commit sexual assault.” https://kcjohnson.files.wordpress.com/2018/07/rowles-v-mizzou-order-on-mtd.pdf

This is the type of “Kangaroo Court” justice that SB 259 and HB 573 seek to avoid.

 

Stop Abusive and Violent Environments is working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

Categories
Uncategorized

Proposed Missouri legislative reform emphasizes due process for accused in Title IX cases

GRAHAM PIRO – STAFF REPORTER •FEBRUARY 4, 2019

Lawmakers express optimism bill will succeedA set of bills in the Missouri Legislature proposes significant reforms to the state’s Title IX procedures by allowing accusers and accused students to take their cases in front of the state’s Administrative Hearing Commission.They also ban guilt-presuming language and empower the attorney general to fine schools found to have violated due process rights. Particularly important for accused students, the legislation would also make the publication of false and malicious statements that someone is guilty of fornication, adultery, sexual assault, or rape legally punishable.Lawmakers are expressing optimism that it can be enacted into law this year.Under HB-573, college students would be able to request a hearing in front of the state’s AHC in any Title IX-related case in the University of Missouri System. It would also exert more pressure on institutions of higher education to protect due process rights through potential fines and legal action from the state’s attorney general.“It’s a time to put the protection back in place,” Rep. Dean Dohrman, the House bill’s sponsor, told The College Fix in a phone interview. “The core of the bill is to make sure that our fundamental rights are in place, that due process is followed.”Sen. Gary Romine, the sponsor of the Senate companion bill (SB-259), told The Fix the bill’s purpose was “putting responsibility on the school to make sure the students know their rights.”Both Romine and Dohrman expressed optimism that the legislation would be passed at some point this year, given that Missouri has a Republican “trifecta” – control of the governor’s seat and majorities in both legislative chambers. “I think it has good prospects,” Dohrman said.

The bills are marked as “emergency acts” that will take effect immediately due to being deemed “necessary for the immediate preservation of the public health, welfare, peace, and safety.”

The AHC “acts as a neutral and independent hearing officer for the state to avoid situations where a state agency acts as investigator, prosecutor, and decision maker,” according to the state of Missouri’s website. The legislation would effectively make Title IX proceedings more like legal cases where witnesses would be allowed to testify and evidence presented in trial-like hearings.

It could also potentially take the pressure off colleges to process Title IX complaints by having complainants and respondents take their cases directly to the commission.

The bills makes significant adjustments to current Title IX procedures, which do not currently allow the commission to hear such proceedings.

They also allow students to request a hearing in front of the commission as an appeal of any Title IX case if students received disciplinary action by the institution in the outcome of the case. Students would also be able to request expedited hearings if the outcome of their case was suspension or expulsion.

In order to exert more pressure on schools to follow due process, the bills empower the attorney general to investigate any alleged or suspected violations of the grievance procedure, and would fine schools that are found to have violated the due process rights of students $250,000.

Any breach of due process between an institution and a student would be considered an unlawful act by the attorney general, who would be able to collect data about Title IX cases from institutions.

The bills would also clarify the terminology used in Title IX cases. They require that colleges ensure “all parties use the terms ‘complainant’ and ‘respondent’ and refrain from using the term ‘survivor’ or any other term that presumes guilt before an actual finding of guilt.”

Donell Young, assistant vice chancellor for Student Engagement and Success at the University of Missouri, told The Columbia Daily Tribune that the bills could silence students who come forward about their experiences.

“It could silence some students, one that was already afraid to go through the legal process anyway, but it can also stop them from going through a university process because they don’t want the double taxation of going through the process,” she said.

“If due process is followed, the truth will come out,” Dohrman told The Fix. He stressed that the focus of his bill is to ensure that due process is followed through the proceedings, and that the “core of the bill is to make sure that our fundamental rights are in place.”

“Everyone takes sexual harassment and sexual assault seriously,” he continued. “We want to make sure it’s a good process that everyone can believe in.”

Categories
Campus Sexual Assault

New Title IX Rules Enjoy Widespread Popular and Legal Support

February 4, 2019

Numerous public opinion polls show a strong bipartisan majority of American voters support due process on college campuses.[1]

Last November, the Department of Education released proposed Title IX regulations to address campus sexual misconduct. The proposed rule is designed to support both accused students and complainants.[2] These regulations are grounded in a milestone Supreme Court decision, Davis v. Monroe, and are supported by 14 appellate judicial decisions.[3]

In addition, over 50 editorials have been published that support the proposed regulations. These editorials, published both in liberal and conservative media outlets, are listed in reverse chronological order, below:

  1. David French (National Review): Just How Easy Should It Be to Destroy a Young Man’s Life?– 1/30/19
  2. Meg Mott (New England Public Radio): New Title IX Rules Would Empower Both the Accused and the Survivors– 1/16/19
  3. Scott Greenfield (Simple Justice): The “Survivors” Last Stand– 1/11/19
  4. Inez Stepman (The Hill): Changes to Title IX Enforcement Are Common Sense– 1/9/19
  5. Curt Levey (Fox News): Education Secretary DeVos’s New Rules for Title IX and Sexual Assault Will Restore Fairness Across the Board– 1/4/19
  6. Wendy McElroy (The Hill): The New Title IX Regulation Helps Women– 1/3/19
  7. Tom Ciccotta (Breitbart News): Feminist Professor Says Betsy DeVos Title IX Guidelines Benefit Survivors– 1/3/19
  8. KC Johnson (The Regulatory Review): Changes to Universities’ Sexual Assault Tribunals May Be Here to Stay– 1/2/19
  9. Nicole DeSmet (Burlington Free Press): Title IX College Sexual Assault Rule Changes; What You Need to Know; How to Act– 12/21/18
  10. Peter Wallison (Real Clear Politics): DeVos Rule on Sexual Harassment Restores Primacy of Law– 12/20/18
  11. Meg Mott (Inside Higher Ed): The New Title IX Guidelines Benefit Survivors– 12/17/18
  12. Robby Soave (The Times-News): Title IX Changes Are Needed– 12/16/18
  13. Courier Editorial Board (The Courier): Campus Sex Assault Rules Need Revisions– 12/16/18
  14. Editorial Board (The Washington Post): What Betsy DeVos’s New Title IX Changes Get Right – and Wrong– 12/14/18
  15. Wendy McElroy (The Hill): A Sea Change for Sexual Conduct on Campus– 12/13/18
  16. KC Johnson and Stuart Taylor Jr. (The Weekly Standard): It’s Time for Republicans to Show They Truly Care About Due Process– 12/12/18
  17. Greg Piper (The College Fix): Feminist Law Professor Supports DeVos on Title IX because of “Troubling Racial Dynamics” in the System– 12/6/18
  18. Stacey Lennox (The Resurgent): If You Care About Due Process for College Age Men, Click This Link– 12/6/18
  19. Shikha Dalmia (Reason): Betsy DeVos’ Title IX Campus Reforms Advance a Liberal Cause– 12/4/18
  20. Lara Bazelon (New York Times): I’m a Democrat and a Feminist. And I Support Betsy DeVos’s Title IX Reforms– 12/4/18
  21. Robby Soave (Inside Sources): Point: Title IX Reforms Are Contentious, but Necessary– 12/3/18
  22. Shikha Dalmia (The Week): In Defense of Betsy DeVos’ Title IX Plan– 11/29/18
  23. Lindsay Marchello (Higher Education): ACLU’s Opposition to Title IX Reform Betrays Their Claims to Defend Civil Rights– 11/27/18
  24. Andrew Kreighbaum (Inside Higher Ed): What the DeVos Title IX Rule Means for Misconduct Off Campus– 11/27/18
  25. Derek Newton (Forbes): Betsy DeVos is Making the Right Choice on Sexual Assault Rules– 11/25/18
  26. KC Johnson (Minding the Campus): Finally, Due Process Near for College Males– 11/23/18
  27. Heather MacDonald (City Journal): Feminists’ Undue Process– 11/23/18
  28. Erika Sanzi (The Hill): With Title IX Rewrite, DeVos Gets It Right for Accusers and Accused– 11/22/18
  29. Cathy Young (Arc Digital Media): Sex, Lies, and Campus Tribunals– 11/22/18
  30. Christine Flowers (Philadelphia Inquirer): Betsy DeVos’ New Rules for Handling Campus Sexual Assault Provide Much-Needed Balance– 11/21/18
  31. Franczek Radelet (JD Supra): Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools– 11/21/18
  32. Editorial Board (Wall Street Journal): Reviving Due Process on Campus– 11/20/18
  33. Greg Piper (The College Fix): Rape-Culture Activists Hate Cross-Examination. They May Have to Worry About the Supreme Court– 11/20/18
  34. Ramesh Ponnuru (Bloomberg): Betsy DeVos is Protecting Civil Liberties on Campus– 11/20/18
  35. Ashe Schow (Daily Wire): New Campus Sexual Assault Rules Will Help Stifle Current Moral Panic– 11/20/18
  36. Daily News Editorial Board (Daily News): Lesson Learned: Betsy DeVos (mostly) Gets Title IX Rules Right– 11/19/18
  37. Justin Dillon (Chronicle for Higher Education): New Title IX Proposal Would Restore Fairness in Sexual Misconduct Cases– 11/19/18
  38. Conor Friedersdorf (The Atlantic): The ACLU Declines to Defend Civil Rights– 11/19/18
  39. Lakshmi Singh (NPR): Education Secretary Proposes Enhanced Protections for Those Accused of Sexual Assault on Campus– 11/18/18
  40. KC Johnson and Stuart Taylor Jr. (Wall Street Journal): DeVos Keeps Her Promise on Campus Due Process– 11/18/18
  41. Tiana Lowe (Washington Examiner): The Good, the Bad, and the Ugly of New Title IX Regulations– 11/17/18
  42. Anne Flaherty (ABC): Betsy DeVos Pitches New Protections for Students Accused of Sexual Assault– 11/17/18
  43. Adam Harris (The Atlantic): Betsy DeVos’s Sexual Assault Rules Would Let the Accused Cross-Examine Accusers– 11/17/18
  44. Alice Lloyd (The Weekly Standard): Will Colleges Actually Heed the New Title IX Regulations?– 11/17/18
  45. Laura Meckler (Washington Post): Betsy DeVos Releases Sexual Assault Rules She Hails as Balancing Rights of Victims, Accused– 11/16/18
  46. Collin Binkley (Associated Press): DeVos Proposes Overhaul to Campus Sexual Misconduct Rules– 11/16/18
  47. Erica Green (New York Times): Sex Assault Rules Under DeVos Bolster Defendants’ Rights and Ease College Liability– 11/16/18
  48. Teresa Watanabe (Los Angeles Times): Betsy DeVos Moves to Strengthen the Rights of the Accused in Campus Sexual Misconduct Cases– 11/16/18
  49. Sarah Brown and Katherine Mangan (Chronicle for Higher Education): What You Need to Know About the Proposed Title IX Regulations– 11/16/18
  50. Erica Green (New York Times): Sex Assault Under DeVos Bolster Defendants’ Rights and Ease College Liability– 11/16/18
  51. Kaitlyn Schallhorn (Fox News): Education Department Unveils New Title IX Guidance for Campus Sexual Assault: Here’s What Would Change– 11/16/18
  52. David French (National Review): Betsy DeVos Strikes a Blow for the Constitution– 11/16/18
  53. Robby Soave (Reason): ABC Makes Patently False Claim About New Title IX Rules– 11/16/18
  54. Robby Soave (Reason): Betsy DeVos Formally Unveils New Title IX Rules: 3 Ways They Will Strengthen Due Process on Campus– 11/16/18
  55. Richard Vedder (Forbes): Doing Things Right: Betsy DeVos, Title IX and Due Process– 11/16/18
  56. David French (National Review): ABC News Makes a Serious Mistake– 11/16/18

[1] http://www.saveservices.org/sexual-assault/opinion-polls/

[2] http://www.saveservices.org/sexual-assault/proposed-regulations-will-protect-and-empower-complainants/

[3] http://www.saveservices.org/wp-content/uploads/Appellate-Court-Cases-Report.pdf