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Campus Free Speech Sexual Assault Sexual Harassment Title IX Title IX Equity Project

PR: Universities and Colleges Take Steps to Implement New Title IX Regulation

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Universities and Colleges Take Steps to Implement New Title IX Regulation

WASHINGTON / June 25, 2020 – Following lengthy public debate, the U.S. Department of Education issued a new Title IX regulation on May 6, 2020, which carries the force and effect of law. [1]

The new regulation takes effect on August 14, 2020. This means school administrators and Title IX Coordinators have only about 50 days to enact policies and revise training procedures to ensure fairness and equality for all students.

Within this time frame, schools must restore fairness on campuses by upholding students’ rights to written notice of allegations, the right to an advisor, as well as the right to submit, cross-examine, and challenge evidence at a live hearing. One of the key provisions will require colleges to post their Title IX training materials on the websites for public review.[2]

To date, the regulation has been endorsed by editorial boards of the following newspapers: Detroit News, The Oklahoman, New York Daily News, Wall Street Journal, Pittsburgh Post-Gazette, and Philadelphia Enquirer. [3] The Independent Women’s Forum has highlighted how the new regulation will help restore due process on campus and bring an end to the so-called “Kangaroo Courts.” [4]

SAVE has identified numerous ways that the new rule will support sexual assault complainants. [5] Most importantly, the regulation establishes a legally enforceable duty of universities to respond to such cases in a timely manner.

Schools have varied in their initial responses to the new standard.

In a letter to the University of Wisconsin System (UWS), Governor Tony Evers stated, “UWS is required to implement these changes through administrative rule making.” Evers mandated his Board of Regents to do so by submitting a scope statement to him, but rejected the first one on the grounds it was too vague. [6]

The South Dakota Board of Regents was scheduled to vote this week to implement the procedures: “Using a hearing examiner and affording full due process at the onset enhances the probability of getting to the correct outcome sooner, rather than a later, an issue that has haunted Title IX nationally in a litany of high profile court appeals in recent years.” [7]

Anecdotal reports indicate other leading universities have initiated the process of implementing the new regulation.

In contrast, a memo from University of Denver Chancellor Jeremy Haefner indicates the University is focusing on ensuring the changes in the final rule support survivors: “I am writing to ensure you that these changes will in no way compromise our commitment to creating an environment in which all members of the DU community feel safe reporting their experiences and remain confident that their cases will be heard thoroughly, fairly, and with respect.” [8] Unlike other schools, the memo does not mention fair and equitable procedures for all parties.

In October 2019, SAVE launched its Title IX Equity Project to assure compliance with Title IX requirements. As a result, the Office of Civil Rights has opened over 100 investigations to date regarding university scholarship policies that discriminate against male or female students. [9] The Title IX Equity Project has enjoyed extensive media coverage, as well. [10]

Citations:

[1] https://www2.ed.gov/about/offices/list/ocr/newsroom.html

[2] https://www.ed.gov/news/press-releases/secretary-devos-takes-historic-action-strengthen-title-ix-protections-all-students

[3] http://www.saveservices.org/title-ix-regulation/

[4] https://www.iwf.org/2020/05/06/new-title-ix-regulations-restore-due-process-on-campus/

[5] http://www.saveservices.org/2020/05/analysis-new-title-ix-regulation-will-support-and-assist-complainants-in-multiple-ways/

[6]https://content.govdelivery.com/attachments/WIGOV/2020/06/15/file_attachments/1474234/Evers_2020_06_15_UWS%20Ch%2017.pdf

[7] https://www.sdbor.edu/the-board/agendaitems/2014AgendaItems/2020%20Agenda%20Items/June24_20/5_B_BOR0620.pdf

[8] http://www.saveservices.org/2020/06/university-of-denver-chancellor-memo-regarding-title-ix-compliance/

[9] http://www.saveservices.org/equity/ocr-investigations/

[10] http://www.saveservices.org/equity/

Categories
Domestic Violence Uncategorized Violence Against Women Act

Coronavirus-Abuse Hoax Unravels Across the Globe

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@EndToDV.org

Coronavirus-Abuse Hoax Unravels Across the Globe

WASHINGTON / June 11, 2020 – The Coalition to End Domestic Violence today reports that the oft-repeated claim that coronavirus stay-at-home policies are causing a global “surge” or “spike” in domestic violence has been refuted by police reports gathered from countries around the world.

On April 5, United Nations chief Antonio Guterres issued a Tweet declaring, “Many women under lockdown for #COVID19 face violence where they should be safest: in their own homes….I urge all governments to put women’s safety first as they respond to the pandemic.” (1) The following day, UN Women director Phumzile Mlambo-Ngcuka issued a statement warning, “We see a shadow pandemic growing, of violence against women.” (2)

But police reports received from 10 countries across the globe, listed below in alphabetical order, reach a different conclusion:

  1. Albania: In March 2020, the number of domestic violence reports decreased by 141, as compared to the same month in the previous year (3). Likewise, Judge Durim Hasa reported a decrease in domestic violence cases in his district (4).
  2. Australia: In New South Wales, domestic violence assaults decreased from 2,434 in April, 2019 to 2,145 in April, 2020, representing a 12% drop. Bureau executive director Jackie Fitzgerald said there was no evidence that social isolation measures have led to an increase in domestic violence (5). In Queensland, “Reports of domestic violence breaches dropped 5.6% between March 6 and 27, while court applications related to such matters fell 20% in that time.” (6)
  3. Austria: The incidence of domestic violence has not risen, and many places have seen a reduction, according to reports from dozens of police departments across the country (7).
  4. Canada: The Ottawa Police Service reported that calls requesting an officer’s intervention in domestic disputes were down more than 23% from March 16 to April 30, compared to the same period in 2019. (8) In Toronto, police report a “small drop” in domestic violence numbers since social distancing measures went into effect (9). Police in Vancouver have not seen any increase in domestic violence statistics (10).
  5. India: Earlier this week, Smriti Irani, Minister for Women and Child Development, was asked whether the lockdown has increased domestic violence against women. Her response, “It is false.” (11)
  6. Netherlands: A March newspaper account reported the National Police noted a 12% domestic violence decline, compared to the same week in 2019. (12)
  7. Russia: The number of domestic violence crimes fell by 13% during the lockdown, compared to the same month in 2019. (13)
  8. Spain: During the first two weeks of April, “there has been a sharp drop in complaints being made to the police.” (14)
  9. Tasmania: According to police Acting Commander Stuart Wilkinson, “we’re not seeing an increase at all.” (15)
  10. United States: Among reports gathered from 33 police departments across the country, 11 noted a decline and 19 saw steady numbers of domestic violence cases. Only three offices indicated an increase of 10% or more in domestic violence cases (16).

Many countries have reported increases in calls to domestic violence hotlines. But commentator Wendy McElroy explains why police reports are more accurate than hotlines in tracking trends: “People access [domestic violence] hotlines and services for help on many non-DV issues, including housing, immigration, and medical problems, but they report crime to the police. The same person may phone a hotline many times, but a police report is almost always ‘one person, one case’. The funding of a DV service often depends on its volume, which encourages overstatement. Police accounts also ground DV in reality, with real names and verifiable details rather than anonymous reports.” (17)

While it is possible that domestic violence has increased in some areas, the United Nations’ startling prediction of a new “pandemic” of violence against women around the world has been shown to be false. And extensive global research shows men and women engage in domestic violence at equal rates (18).

In India, Smriti Irani expressed dismay over the domestic violence “scaremongering” at the hands of certain non-governmental organizations (11). In Austria, one group charged feminist-oriented domestic violence groups with using the coronavirus issue to make “untrue statements,” thereby ignoring male victims of violence (7). In Australia, Corrine Barraclough noted, “The myth that domestic violence is surging in lockdown will become one of the biggest lies the gendered narrative leans on for additional funding.” (19)

Links:

  1. https://news.un.org/en/story/2020/04/1061052
  2. https://www.unwomen.org/en/news/stories/2020/4/statement-ed-phumzile-violence-against-women-during-pandemic
  3. https://albania.unwomen.org/en/news-and-events/stories/2020/04/unpacking-the-impact-of-covid-19-on-women-and-girls-in-albania
  4. https://exit.al/en/2020/04/14/albanian-judge-claims-coronavirus-has-led-to-decrease-in-domestic-violence/
  5. https://www.theaustralian.com.au/news/latest-news/nsw-domestic-violence-down-12-amid-virus/news-story/2694583a900379242f4510691f66e410
  6. https://7news.com.au/lifestyle/health-wellbeing/coronavirus-australia-queensland-police-concerned-about-fewer-domestic-violence-complaints-c-951819
  7. http://www.vaeter-ohne-rechte.at/frauenorganisationen-fuerchten-um-geld/ (Click on top tab to view English translation)
  8. https://globalnews.ca/news/6911856/ottawa-domestic-abuse-calls-coronavirus-pandemic/
  9. https://toronto.citynews.ca/2020/04/08/domestic-violence-calls-surge-during-coronavirus-pandemic/
  10. https://globalnews.ca/news/6789403/domestic-violence-coronavirus/
  11. https://timesofindia.indiatimes.com/india/union-minister-smiriti-irani-debunks-claims-of-lockdown-leading-to-increase-in-domestic-violence/articleshow/76256622.cms?utm_source=facebook.com&utm_medium=social&utm_campaign=TOIMobile
  12. https://www.bnnvara.nl/zembla/artikelen/meer-hulpvragen-huiselijk-geweld-via-online-chatdiensten
  13. https://www.theguardian.com/world/2020/may/05/russia-domestic-violence-cases-more-than-double-under-lockdown
  14. https://www.theguardian.com/global-development/2020/apr/28/three-women-killed-in-spain-as-coronavirus-lockdown-sees-rise-in-domestic-violence
  15. https://www.theadvocate.com.au/story/6718508/no-spike-in-domestic-violence-most-coasters-following-isolation-rules-police/?src=rss
  16. http://endtodv.org/pr/anatomy-of-a-hoax-the-great-coronavirus-abuse-myth-of-2020/
  17. https://libertarianinstitute.org/articles/do-activists-want-domestic-violence-to-increase-during-the-pandemic/
  18. http://www.saveservices.org/dvlp/policy-briefings/partner-abuse-worldwide/
  19. https://www.facebook.com/search/top/?q=corrine%20barraclough&epa=SEARCH_BOX
Categories
Title IX

Evers blocks UW from complying with Trump sex assault rules

https://www.startribune.com/evers-blocks-uw-from-complying-with-trump-sex-assault-rules/571273442/

Evers blocks UW from complying with Trump sex assault rules

By TODD RICHMOND Associated Press

JUNE 15, 2020 — 4:45PM

MADISON, Wis. — Gov. Tony Evers blocked University of Wisconsin System officials Monday from taking the first steps toward complying with new federal rules that bolster the rights of sexual misconduct defendants and narrow the range of cases colleges are required to investigate.

Evers wrote in a letter to UW System President Ray Cross that he was rejecting the system’s outline for a rule complying with changes the Trump administration made last month to Title IX regulations. Evers said the outline doesn’t clearly state whether the system will weaken or strengthen the definition of sexual harassment. The outline also doesn’t recognize the economic impact of providing more mental health services to victims frozen out of the complaint process, the governor said.

“Education and civil rights leaders across the nation have voiced strong concerns about the new federal regulations and the chilling effect they will have on survivors of sexual harassment and sexual assault,” Evers wrote.

UW System spokesman Mark Pitsch had no immediate comment.

Education Secretary Betsy DeVos issued new rules last month tweaking Title IX, a 1972 law barring discrimination based on sex in education. The changes narrow the definition of sexual harassment and require colleges to investigate claims only if the misconduct is so severe and offensive that it effectively denies a person equal access to education.

Obama administration guidelines, by contrast, defined sexual harassment as an unwelcome sexual advance. The final policy was quickly condemned by opponents who say it weakens protections for victims and will discourage many from reporting misconduct.

DeVos’ revisions also state schools can be held accountable for mishandling complaints only if they acted with deliberate indifference and allow student to question one another through representatives during live hearings.

The changes take effect Aug. 14. Evers earlier this month authorized Attorney General Josh Kaul to join a 17-state lawsuit alleging DeVos’ changes undercut Title IX’s mandate to eradicate sexual discrimination in federally funded education programs.

UW System President Ray Cross submitted a scope statement to Evers on May 21 regardless, noting in the statement that refusing to comply could lead to federal enforcement action and lawsuits.

 

 

By TODD RICHMOND Associated Press

JUNE 15, 2020 — 4:45PM

MADISON, Wis. — Gov. Tony Evers blocked University of Wisconsin System officials Monday from taking the first steps toward complying with new federal rules that bolster the rights of sexual misconduct defendants and narrow the range of cases colleges are required to investigate.

Evers wrote in a letter to UW System President Ray Cross that he was rejecting the system’s outline for a rule complying with changes the Trump administration made last month to Title IX regulations. Evers said the outline doesn’t clearly state whether the system will weaken or strengthen the definition of sexual harassment. The outline also doesn’t recognize the economic impact of providing more mental health services to victims frozen out of the complaint process, the governor said.

“Education and civil rights leaders across the nation have voiced strong concerns about the new federal regulations and the chilling effect they will have on survivors of sexual harassment and sexual assault,” Evers wrote.

UW System spokesman Mark Pitsch had no immediate comment.

Education Secretary Betsy DeVos issued new rules last month tweaking Title IX, a 1972 law barring discrimination based on sex in education. The changes narrow the definition of sexual harassment and require colleges to investigate claims only if the misconduct is so severe and offensive that it effectively denies a person equal access to education.

Obama administration guidelines, by contrast, defined sexual harassment as an unwelcome sexual advance. The final policy was quickly condemned by opponents who say it weakens protections for victims and will discourage many from reporting misconduct.

DeVos’ revisions also state schools can be held accountable for mishandling complaints only if they acted with deliberate indifference and allow student to question one another through representatives during live hearings.

The changes take effect Aug. 14. Evers earlier this month authorized Attorney General Josh Kaul to join a 17-state lawsuit alleging DeVos’ changes undercut Title IX’s mandate to eradicate sexual discrimination in federally funded education programs.

UW System President Ray Cross submitted a scope statement to Evers on May 21 regardless, noting in the statement that refusing to comply could lead to federal enforcement action and lawsuits.

Categories
Violence Against Women Act

Do Activists Want Domestic Violence To Increase During the Pandemic?

https://libertarianinstitute.org/articles/do-activists-want-domestic-violence-to-increase-during-the-pandemic/

Do Activists Want Domestic Violence To Increase During the Pandemic?

by  | Jun 8, 2020

Coronavirus News On Screen 3970332

A contradiction is grabbing the narrative on domestic violence (DV) during the coronavirus lockdown: a decline in police reports on DV means the rate is increasing and more government is needed. A cynic might wonder if DV experts want to stoke the panic that drives funding and legislation. DV is too important, however, to allow either cynicism or opportunism to dominate the discussion. Reality should fill this role.

DV may tend to increase during times of stress, but this cannot be assumed. A May 8 headline in The Atlantic ventures, “The Worst Situation Imaginable for Family Violence. All over the United States, adults and children have been quarantined for weeks with people who hurt them.” Assuming that “the worst situation imaginable” is upon us quickly transforms into statements of ‘fact,’ such as the claim of increasing DV. Even so, the headline is more realistic than most others because it refers to “adult” survivors, which gives a nod to the many men who are abused. A 2015 national survey by the Centers for Disease Control found that more men than women had been physically attacked by an intimate partner: 4.2 million male victims, and 3.5 million female victims. There is a burning need for media to deal with what is real about DV.

The data on current and changing rates often rely on two sources: hotlines and police reports. The latter is far more accurate, for several reasons. People access DV hotlines and services for help on many non-DV issues, including housing, immigration, and medical problems, but they report crime to the police. The same person may phone a hotline many times, but a police report is almost always ‘one person, one case’. The funding of a DV service often depends on its volume, which encourages overstatement. Police accounts also ground DV in reality, with real names and verifiable details rather than anonymous reports. When police statistics are available, they should be preferred to anecdotal accounts by advocates.

Yet media often uses more political and less reliable reports over crime ones, perhaps because they are more attention grabbing. An article in the Marshall Project is an example; “Is Domestic Violence Rising During the Coronavirus Shutdown? Here’s What the Data Shows.” It notes that police reports in three cities, including Chicago, DV appear to have declined during COVID-19. After mentioning the drop, the article states, “but police and experts say that may be a problem…News outlets across the country have written about advocates’ concerns that crime statistics are masking an uncounted rise in domestic violence.”

It is always valid to question discrepancies in information from different sources, but news stories should not work to dismiss hard evidence that casts doubt on whether there is a DV crisis. They should not turn hard data of a decline in DV into an alarm bell about an increase.

An ABC headline declares, “Fewer domestic violence calls during COVID-19 outbreak has California officials concerned.” A Los Angeles Police Chief warns “that’s going in the wrong direction with what we believe is actually happening” without adding evidence of why the direction is “wrong.”  A City Attorney declares, “I am very alarmed by what appears to be a dramatic decrease in reported crimes involving our most vulnerable.” Both men presume that trapped victims are unable to reach out even though email, texting, and cell phones make communication easier than ever before.

The Denver Channel states, “In March, Denver Police reports show a decrease in calls for domestic violence compared to last year during the same month but in Aurora, Gateway Domestic Violence Services saw an increase in calls from March 19-25, 2020 compared to the previous week.” Why would it be easier for a victim to call Gateway than a police line? People know 911; how many have memorized the Gateway number? The report merely highlights conflicting accounts, both of which may be accurate.

The Chicago Tribune weighs in with an article entitled, “Why a drop in domestic violence reports might not be a good sign.” NewportRI runs the headline “Newport County hasn’t seen uptick in reported domestic violence incidents during coronavirus pandemic,” and it follows with the statement “but it’s important to note the data doesn’t tell the whole story.” The Iowa Capital Dispatch declares, “The Iowa Coalition Against Domestic Violence has not seen a huge growth in calls to its statewide hotline, according to spokeswoman Lindsay Pingel. But it is anticipating an increase.”

News stories are becoming opinion and advocacy pieces. Typically, they present a truly wrenching story of DV; police and other statistics are mentioned; even data that shows a decrease, however, is construed as proof of an increase and is used to call for more government support, more intervention. Sometimes unsubstantiated “data” is thrown into the mix. On April 5, for example, the New Mexico Political Report asserted: “Last week, domestic violence incidents in Bernalillo County reportedly jumped 78 percent.” When the EndtoDV organization attempted to verify this alarming statistic, County Undersheriff Larry Koren could not “confirm anything resembling these numbers.”

No one knows the real rate of DV under COVID-19, and some indications point to a definite rise. Rates of DV naturally fluctuate over time and geography, however, with peaks generally occurring in Spring when the preceding figures were collected.

As a woman who has experienced severe DV, it is difficult not to react viscerally and urgently to cries for help. But people need to pause and assess whether the call is justified before rushing toward solutions that impact the lives of others; false solutions harm real victims and those accused, as well as their families. The first priority must be a respect for evidence over assumptions, for truth over advocacy. All approaches to this sensitive, explosive issue must start with what is real.

Wendy McElroy is an individualist anarchist and individualist feminist who has written or edited over a dozen books, scripted dozens of produced documentaries, worked as a writer for FOX News for 5 years and published in periodicals ranging from Penthouse to The Hill.
Categories
Title IX

I’m a Democrat; Secretary DeVos Is Right on Title IX Reform

I am a progressive Democrat and enthusiastic supporter of the new Title IX Rule that was recently issued by Education Secretary Betsy DeVos.

The DeVos Rule provides colleges and universities with a detailed and uniform modus operandi on how they must handle gender discrimination, sexual harassment, and sexual assault disputes.  The new regulations emphasize fairness, equitability, due process protections, and extensive supportive measures for all parties, all of which have been missing from the rescinded Obama-era guidance that the new Rule supersedes.  In contrast, the well-intentioned Obama-era guidance was conspicuously undetailed, constitutionally and legally dubious, and decidedly unfair toward the accused.

I experienced the Obama-era guidance shortcomings in a 2014 Title IX debacle, and the DeVos rule addresses all of them.

Even before release of the DeVos Rule, letters were mailed to Secretary DeVos from 18 Attorneys General, 49 House members, and three U.S. senators (all Democrats), exhorting that the Rule be suspended for the disingenuous excuse that its implementation by campuses closed by the COVID-19 pandemic might be excessively burdensome, although campuses have been expecting the new Rule already since November 2018.

This excuse was clearly a pretext aimed to undercut the DeVos Rule, but their entreaties were rendered obsolescent when it was released in early May. On May 22nd, a letter cosigned by 105 members of the House of Representatives was sent to Secretary DeVos demanding revocation of the DeVos Title IX rule.

The May 22nd letter is profoundly disappointing and warrants debunking. The letter fails to grasp that the purpose of Title IX is to grant students equal access to their educations, not to protect “survivors” or to provide a platform for restorative justice.  The House letter also fails to appreciate, or even acknowledge, that the new Rule restores the constitutional safeguards of due process and free speech to the conflict resolution process, protections that have been commanded by recent court decisions.

The letter also contains a litany of hyperbole, unsubstantiated statements, misstatements, and inaccuracies and even revisits the COVID-19 ploy.  Statements such the Title IX rule “will gut protection for student survivors of sexual assault,” “effectively turn Title IX on its head,” “jeopardizes the civil rights of students,” “reinforces the false and toxic stereotype that survivors, particularly women and girls, tend to lie about sexual assault,” “makes it harder for victims to come forward,” or “unduly hinders many schools from responding effectively to many incidents of sexual violence” are unsupported by argument or evidence, inexplicit to the point of being essentially meaningless, inflammatory, and inaccurate.

Finally, several statements in the House letter to Secretary DeVos, also unsubstantiated by any line of reasoning or evidence, actually warrant refutation. For example, the new rule is not “needlessly complex and burdensome.” It is a carefully thought-out constitutional and legal primer for how schools should conduct a Title IX investigations fairly and how it should support all its students if an allegation of an infraction is made.

The melodramatic assertion that the new Rule “flies in the face of common decency to require survivors to endure live hearings with live cross-examination by the perpetrator’s advisor of choice,” ignores the fact that cross-examination in a live hearing setting is a Constitutional requirement to which 150,000,000 other women in this country must abide when making a sexual assault allegation and ignores the fact that cross-examination has long been considered the greatest single legal engine that we have to truth-finding—the aim of any dispute resolution.

Meanwhile, the statement that “it is simply unjustifiable for the Department to require schools to dismiss many complaints of sexual harassment” is absurd.  In fact, the new Rule mandates that a school must robustly address every complaint of sexual harassment but asserts that a school cannot formally investigate a complaint that does not rise to the level of sexual harassment. This is reasonable.

Finally, the use of the term “survivors” or “perpetrators” in context of approaching an investigation is prejudicial and has no place in any system of jurisprudence. It’s just wrong.

Overall, the House Letter to Secretary DeVos does not make a compelling case for Secretary DeVos to rescind the new Title IX rule, and she will be justified to ignore it.

Categories
Uncategorized Victims

Native American Boys: Forgotten Victims

Native American Boys: Forgotten Victims

by  | Jun 3, 2020

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recent study by the Nebraska State Patrol and the Commission on Indian Affairs should change how the media and lawmakers view violence against Native Americans. They should look carefully at male victims, but it is far from clear that they will.

The Omaha World-Herald offers a surprising statistic, “The greatest percentage of Native American missing persons are boys age 17 or younger, accounting for 73.3% of all Native American missing persons in Nebraska.” In fact, they account for 59.6% of missing people in the state. The data is even the more remarkable because it resulted from LB 154, a state bill to “require a report on missing Native American women in Nebraska.” The 21-line bill that authorizes the study mentions “Native American women” six times; men and boys are not mentioned at all.

At long last, male victims of violence may receive the same attention as female ones. Or will they?

Some telling comments conclude the study. Under “Important Related Information,” it states, “During the period of this investigation…there have been several tragic events involving young Native women in Nebraska: the cases of Ashlea Aldrich and Esther Wolfe. These alleged crimes against Native women make plain” why the study and “its ongoing follow through are vitally important.” State Senator Tom Brewer, who co-sponsored LB 154, is quoted: “We need all law enforcement to communicate and work together to address the exploitation and victimization of Native women.” The concluding words of Judi M. Gaiashkibos, Executive Director, Nebraska Commission on Indian Affairs, speaks only of “women and children” and laments “actions and policies” that “have displaced women from their traditional roles in communities and governance and diminished their status…leaving them vulnerable to violence.”

Men and boys are nowhere. Nor does the media seemingly note even the possibility of male victims. A Lincoln Journal Star article that anticipated LB 154 was entitled “Senators want to step up investigations of missing or abused Native women.” And a word commonly applied to violence against Native American women is “epidemic.” These women deserve every bit of attention and compassion they receive, but so do males.

Lawmakers also ignore male victims. The latest Violence Against Women Act (VAWA), which awaits reauthorization, is an example. It sets the national standard on how sexual abuse is handled, including “Standardized protocols for…missing and murdered Indians.” (Sec. 904) Native American women is one of the Act’s core issues with TITLE IX—Safety for Indian Women addressing the problem. Title IX opens, “More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experienced violence in their lifetime”—a statistic drawn from a National Intimate Partner and Sexual Violence Survey entitled “Violence Against American Indian and Alaska Native Women and Men.”

The statistic is appalling, but VAWA makes a curious omission in quoting it. Immediately after the 84.3 percent figure, the Survey cited reads, “More than 4 in 5 American Indian and Alaska Native men (81.6 percent) have experienced violence in their lifetime.” In other words, Native American men experience only 2.7 percent less violence than women. A few lines later, the  Survey states “55.5 percent” of women and “43.2 percent” of men “have experienced physical violence by an intimate partner,” figures that differ by 12.3 percent. And, yet, this data does not make it into VAWA.

It is difficult to avoid concluding that VAWA slants important evidence in order to champion female victims and dismiss male ones. In theory, the programs VAWA administers are available to both sexes even though the language is gendered for females. In practice, VAWA is widely accused of making only a tiny portion of its considerable resources available to men.

The plight of male victims must be well known to lawmakers who appear to be passionate about issues like domestic violence (DV). A 2019 article in Indian Country Today“Breaking the silence on violence against Native American men” cites “a recent study by the National Institute of Justice”; it reported that “more than 1.4 million American Indian and Alaska Native men have experienced violence in their lifetime.” The total may be an understatement. Males victims of DV ”are often reluctant to seek help or tell friends or family out of embarrassment and/or fear of not being believed. They may worry that they—and not their partner—will be blamed for the abuse.”

The blind eye to male victims is not limited to Native Americans, however, but pervades most discussions of DV. Consider the VAWA provision that allows battered immigrants to petition for legal status. In 2016, Attorney Gerald Nowotny called out the provision’s unfairness to men. Nowotny wrote, “The irony is that when it comes to the perception of domestic abuse, the focus is almost exclusively on men as the perpetrators of violence and abuse. The statistical reality is that more men than women are victims of intimate partner physical violence and psychological aggression.” Nowotny’s assessment derived from a 2010 national survey by the Centers for Disease Control and U.S. Department of Justice that found more men than women experienced physical violence from an intimate partner and over 40% of severe physical violence.

But the assumption of mainstream media and lawmakers seems unshakable: men commit violence against women; men are not victims. What if this gender bias were a racial one? What if VAWA was the Violence Against Whites Act? There would be and there should be outrage. The same people should be as outraged as by the suffering of men who too often remain silent for fear of being ridiculed or not believed. In this regard, male victims today resemble female ones from decades ago; they are revictimized by a system that does want to hear their voices.

Categories
Sexual Assault Sexual Harassment Title IX

Secretary DeVos Right to Restore Due Process on Campus

By L. Douglas Wilder

June 3, 2020

 

Wilder is the former governor of Virginia. He currently serves as a distinguished professor at Virginia Commonwealth University’s Wilder School of Government and Public Affairs.

 

As colleges and universities across the country plan what higher education will look like on the post-pandemic campus, the Department of Education has taken a major step toward improving one area with a longtime culture of injustice.

 

Of course, our top priority is clamping down on sexual misconduct. Every year, thousands of students are exposed to unwanted sexual activity on campus, most of them being women. This ruins their college experience and can leave them traumatized long after they graduate.

 

Sexual misconduct is simply unacceptable. Campus officials must do their best to hold the perpetrators accountable and keep our students safe.

 

What they cannot do, however, is ignore due process — the bedrock of our judicial system. Too often, those accused of sexual misconduct are publicly vilified before their side of the story is ever heard. Too often, the accused are presumed to be guilty before the facts of their case are even known. This is just as unacceptable.

 

In America, people are always innocent until they’re proven guilty. “Guilty until proven innocent” is a perversion of our judicial system. The system relies on due process to keep both the accusers and the accused on a level playing field. Only then can we assess the validity of the allegations at hand and draw the right conclusions from them.

 

Unfortunately, I’ve experienced the presumption of guilt firsthand. For over a year now, I have undergone an unimaginable nightmare at Virginia Commonwealth University (VCU), where I lecture at the Wilder School of Government and Public Affairs. In December 2018, a complaint was filed against me by a 20-year-old student, alleging that I had touched her leg and kissed her without consent. The complainant was directed to file criminal charges with the Richmond Police Department. However, the charge was determined to be “unfounded.”

 

Nevertheless, VCU’s Title IX office carried on behind my back. Although the office notified the complainant that her complaint would be investigated thoroughly within two days of receiving it, I wasn’t notified of anything relative to any complaint until almost two months later.

 

At the end of January 2019, I finally received a “Notice of Investigation” letter, which detailed four specific allegations: Non-consensual Sexual Contact, Sexual Exploitation, Sex-Gender-based Discrimination, and Retaliation. The matter was assigned to an external investigator by Laura Walsh Rugless, the Executive Director of Equity Access Services and Title IX Coordinator, who has subsequently resigned her position at VCU.

 

Weeks later, I was notified that the initial external investigator was removed and replaced by Jody Shipper, co-founder and managing director of Grand River Solutions. This is the same Jody Shipper who conducted a Title IX investigation at the University of Southern California, an investigation whose determination was overturned by the California Court of Appeal, Second Appellate District Court in December 2018.

 

Why? Because the accused was denied a fair and transparent Title IX proceeding. Yet VCU recruited Shipper anyway, and she subsequently concluded that the “unfounded” charge against me was true (while determining the three other allegations were not true).

 

To the hearing panel’s credit, they rejected Shipper’s findings, ruling that I was not in fact responsible for non-consensual sexual contact. But it was too late: Shipper’s reckless pursuit of guilt — emboldened by VCU’s Title IX office — was the most unsettling experience of my life. Becoming the first elected African American governor in U.S. history was a walk in the park compared to this ordeal. And it has permanently damaged my reputation, regardless of my innocence.

 

Hopefully, campus officials can learn from the mistakes of the past. I came to learn that VCU was already under a voluntary resolution agreement signed by President Michael Rao in 2014, due to issues with its mishandling of previous Title IX cases. It is imperative that VCU and all institutions of higher education ensure fairness for both parties in situations such as these.

 

I hope that my experience will inform future Title IX proceedings, as we continue to clamp down on sexual misconduct. I pray that we can protect accusers and the accused by upholding due process.

 

Fortunately, the Department of Education is doing its part to guarantee due process for all parties, while recognizing the tragedy of sexual misconduct on campus. Following Secretary DeVos’ lead, administrators, faculty, staff, and students can rest assured that their voices will be heard.

 

With due process, we can all rest assured that the presumption of innocence will prevail—followed by the truth.

 

Source: https://www.roanoke.com/opinion/commentary/wilder-secretary-devos-right-to-restore-due-process-on-campus/article_dfac7ff4-7d4d-5109-9657-2532a0816f1d.html

Categories
Sexual Assault

Media Coverage of New Title IX Regulation

Following is a partial listing of media accounts about the new Title IX regulation, published through May 20, 2020. The articles represent a broad range of perspectives, both pro and con:

DATE OUTLET REPORTER/EDITORIALIST URL
5/20/20 Philadelphia Inquirer op-ed: Jordan Draper
5/19/20 Pittsburgh Post-Gazette Editorial
5/19/20 Washington Post Editorial
5/17/20 The Oklahoman Editorial https://oklahoman.com/article/5662439/a-needed-change-to-campus-assault-protocols
5/15/20 Washington Examiner op-ed: Brad Polumbo
5/15/20 Reason Robby Soave https://reason.com/2020/05/15/aclu-betsy-devos-title-ix-rule-due-process/
5/15/20 NBC News Erik Ortiz https://news.yahoo.com/aclu-sues-betsy-devos-over-194951672.html
5/13/20 Wall Street Journal Letter to the  Editor https://www.wsj.com/articles/joe-biden-title-ix-and-rights-of-the-accused-11589391121
5/11/20 New York Daily News Editorial
5/9/20 Detroit News Editorial
5/8/20 Newsweek op-ed: Shiwali Patel https://www.newsweek.com/even-crisis-trump-devos-are-determined-fail-students-opinion-1502688
5/8/20 Ms. Magazine op-ed: Carrie N. Baker https://msmagazine.com/2020/05/08/devoss-campus-sexual-assault-regulations-are-an-abomination/
5/8/20 Houston Chronicle Brittany Britto
5/8/20 City Journal op-ed: KC Johnson https://www.city-journal.org/joe-biden-title-ix-regulations
5/8/20 FoxNews.com op-ed: Curt Levey
5/8/20 National Review Rich Lowry
5/8/20 Wisconsin Public Radio Dean Knetter https://www.wpr.org/changes-title-ix-rules-will-impact-sexual-assault-cases-college-campuses
5/7/20 ABA Journal Debra Cassens Weiss
5/7/20 AEI Blog Frederick Hess https://www.aei.org/education/devos-gets-title-ix-right/
5/7/20 Associated Press Collin Binkley
5/7/20 Breitbart Dr. Susan Berry
5/7/20 BuzzFeed Ellie Hall https://www.buzzfeednews.com/article/ellievhall/betsy-devos-title-ix-campus-sexual-assault
5/7/20 CBS News Associated Press https://www.cbsnews.com/news/sexual-assault-rules-college-campuses-student-rights-betsy-devos/
5/7/20 Cornell Daily Sun Kathryn Stamm
5/7/20 Daily Wire Ashe Schow
5/7/20 Fox News Channel Tucker Carlson https://video.foxnews.com/v/6154828829001?playlist_id=5198073478001#sp=show-clips
5/7/20 National Association of Scholars Statement https://www.nas.org/blogs/press_release/statement-on-the-new-title-ix-regulations
5/7/20 FoxNews.com Greg Re https://www.foxnews.com/politics/biden-pelosi-devos-schools-sexual-misconduct
5/7/20 Inside Higher Education Greta Anderson https://www.insidehighered.com/news/2020/05/07/education-department-releases-final-title-ix-regulations
5/7/20 National Review Mairead McArdle
5/7/20 National Review NR Staff https://www.nationalreview.com/corner/fixing-title-ix/
5/7/20 NBC New York
5/7/20 Newsweek Katherine Fung https://www.newsweek.com/what-new-title-ix-rules-will-mean-campus-sexual-assault-cases-1502439
5/7/20 Reason Samantha Harris https://reason.com/2020/05/07/what-you-need-to-know-about-the-new-title-ix-regulations/
5/7/20 Refinery 29 Erin Corbett https://www.refinery29.com/en-us/2020/05/9788732/title-ix-changes-betsy-devos-college-sexual-assault
5/7/20 Salon.com Roger Sollenberger https://www.salon.com/2020/05/07/betsy-devos-unveils-new-title-ix-rules-are-they-aimed-at-silencing-survivors/
5/7/20 Teen Vogue Clarissa Brooks https://www.teenvogue.com/story/betsy-devos-title-ix-hurt-marginalized-survivors-most
5/7/20 The College Fix Greg Piper
5/7/20 The Conversation Editors
5/7/20 The Harvard Crimson Isabel Isselbacher https://www.thecrimson.com/article/2020/5/8/experts-on-new-title-ix-rules/
5/7/20 The Independent Danielle Zoellner
5/7/20 Yahoo Sports Cassandra Negley
5/6/20 ABC News Sophie Tatum
5/6/20 Atlanta Journal Constitution/Get Schooled Blog Maureen Downey
5/6/20 Berkeley Beacon Stephanie Purifoy https://berkeleybeacon.com/devos-releases-new-federal-title-ix-regulations-amid-internal-review-at-emerson/
5/6/20 Chronicle of Higher Education Sarah Brown
5/6/20 Chronicle of Higher Education Sarah Brown https://www.chronicle.com/article/What-Colleges-Need-to-Know/248717
5/6/20 Click on Detroit Cassidy Johncox
5/6/20 CNN.com Annie Grayer/Veronica Stracqualursi https://www.cnn.com/2020/05/06/politics/education-secretary-betsy-devos-title-ix-regulations/index.html
5/6/20 Daily Beast Blake Montgomery
5/6/20 Daily Bruin Julia Shapero/Genesis Qu
5/6/20 Daily Princetonian Zachary Shevin/Rooya Rahin
5/6/20 Detroit Free Press David Jessee
5/6/20 Detroit News Ingrid Jacques
5/6/20 Ed Week Evie Blad https://blogs.edweek.org/edweek/campaign-k-12/2020/05/title-ix-rule-final-devos-sexual-harassment.html
5/6/20 Education Dive Jeremy Bauer-Wolf https://www.educationdive.com/news/title-ix-regulations-released/566248/
5/6/20 ESPN.com Paula Lavigne
5/6/20 Forbes Evan Gerstmann
5/6/20 Fox News Channel Martha McCallum https://video.foxnews.com/v/6154815461001#sp=show-clips
5/6/20 HuffPost Alanna Vagianos
5/6/20 IWF Blog Jennifer C. Braceras https://www.iwf.org/2020/05/06/does-due-process-silence-survivors/
5/6/20 KPIX TV Len Ramirez
5/6/20 Los Angeles Times Teresa Watanabe
5/6/20 Louisville Courier-Journal Mandy McLaren
5/6/20 MotherJones Madison Pauly https://www.motherjones.com/politics/2020/05/devos-title-ix-campus-sexual-misconduct/
5/6/20 NBC News Erik Ortiz/Tyler Kingkade
5/6/20 NBC News Tyler Kingkade https://www.nbcnews.com/news/education/betsy-devos-new-title-ix-rules-will-shake-how-k-n1201616
5/6/20 New York Times Erica Green https://www.nytimes.com/2020/05/06/us/politics/campus-sexual-misconduct-betsy-devos.html
5/6/20 NPR Tovia Smith
5/6/20 PBS News Hour
5/6/20 Politico Bianca Quilantan
5/6/20 Politico Bianca Quilantan/Juan Perez/Michael Stratford https://www.politico.com/news/2020/05/06/betsy-devos-sexual-misconduct-rule-schools-240131
5/6/20 Reason Robby Soave https://reason.com/2020/05/06/betsy-devos-title-ix-due-process-college-sexual-misconduct/
5/6/20 The Federalist Emily Jashinsky
5/6/20 The Guardian Adam Gabbatt https://www.theguardian.com/us-news/2020/may/06/betsy-devos-sexual-assault-title-ix-rules
5/6/20 The Hill Jonathan Easley
5/6/20 The Lantern (Ohio State) Sarah Szilagy
5/6/20 The Michigan Daily Francesca Duong https://www.michigandaily.com/section/higher-education/betsy-devos-title-ix
5/6/20 University of Wisconsin-Madison Chancellor Rebecca Blank https://news.wisc.edu/message-from-chancellor-blank-on-new-title-ix-rules/
5/6/20 UPI Clyde Hughes
5/6/20 US News & World Report Lauren Camera
5/6/20 Vanderbilt University Princine Lewis
5/6/20 Vox Anna North https://www.vox.com/2020/5/6/21203255/new-title-ix-rules-campus-sexual-assault-betsy-devos
5/6/20 Wall Street Journal Robert Shibley https://www.wsj.com/articles/a-victory-for-campus-justice-11588806738
5/6/20 Washington Examiner Tiana Lowe
5/6/20 Washington Times Valerie Richardson https://www.washingtontimes.com/news/2020/may/6/betsy-devos-moves-end-obama-era-kangaroo-courts-pr/
5/6/20 WILX TV Rachel Sweet https://www.wilx.com/content/news/-New-Title-IX-regulations–570261591.html
5/6/20 Trump-Pence Campaign
5/5/20 Reason Robby Soave https://reason.com/2020/05/05/joe-biden-tara-reade-title-ix-rape-accusation/
5/5/20 Washington Post Laura Meckler