Month: July 2020

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/

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Myths and Hoaxes of Sexual Abuse Stoke ‘Politically Useful’ Fear

Post author By saveadmin
Post date July 22, 2020

by Wendy McElroy

[S]ince love and fear can hardly exist together, if we must choose between them, it is far safer to be feared than loved.”—Niccolò Machiavelli, The Prince, 1513

For those who want to control a population, fear is more useful than love and far easier to elicit. A culture conditioned to feel knee-jerk fear allows political power to rise on a tide of emotions without the need for arguments and evidence. When the adrenaline of fear hits, people cry out for social control in the belief that government can protect them. Those who want to verify a crisis before acting on it are seen as part of the problem because they obstruct or delay the “solution.” For decades, a fear response has been embedded into society through constant cries of “danger!” Many alarm bells have been manufactured, however, because they are politically useful to those who want to produce legislation or funding.

The issue of “sexual violence and women” illustrates this process. Women have received the unrelenting message that they live in danger from men, and only government can save them from it. Predictably, many politicians support and promote this process and conclusion.

The dynamic can be glimpsed through a phenomenon that has become commonplace within feminism: declaring an “awareness month” for specific issues like domestic violence (DV). There is nothing intrinsically wrong with doing so. But the “awareness” declared usually promotes a myth that is propped up a hoax.

Consider one such event: National Stalking Awareness Month (January).

When stalking involves genuine threats of harm, it is a problem that should be legally addressed. But awareness advocates use the term so broadly that criminal behavior is lumped together with totally legal activities. The National Center for Victims of Crime(NCADV) defines stalking as a “pattern of behavior that makes you feel afraid, nervous, harassed, or in danger” which can be physical or verbal contact, unwanted gifts and communication. This subjective definition furthers the myth that common and innocuous behavior, such as repeatedly emailing someone after a breakup, is a criminal matter. Anyone who questions whether persistent emails deserve legal intervention or who suggests a private solution instead is accused of promoting violence against women.

The myth is then given urgency by hoax statistics such as “one in 6 women (16.2%) and 1 in 19 men (5.2%) in the United States have experienced stalking victimization.” The alarmingly high rate of victimization is understandable when it is seen to include unwanted communication. “Repeatedly receiving unwanted telephone calls, voice, or text messages was the most commonly experienced stalking tactic for both female and male victims of stalking (78.8% for women and 75.9% for men).”

A myth joins a hoax and together they seek government support. First recognized in 2004 by the NCADV, National Stalking Awareness Month has received Congressional approval and a Presidential Proclamation. The harm the myth does becomes official. The discussion of stalking now focuses almost entirely on women as victims and men as victimizers. The expanded definition introduces immense subjectivity into the enforcement of laws and policies. The alleged pervasiveness of stalking encourages oversensitivity and fuels fear. Sensationalized rhetoric does much the same. The NCADV, for example, views stalking as a first step toward femicide.

What is the solution to this first indication that women may be murdered? The NCADV offers a list of them—every one of which involves more government intervention. “Ask your legislators to update the federal domestic violence firearm prohibitor to including misdemeanor dating violence and misdemeanor stalking” is one suggestion. Laws and policies increase dramatically, as they have over past decades, but the problem never goes away. It is too politically useful to go away.

Gradually, a climate of fear becomes the cultural norm, especially on college campuses where awareness campaigns and sexual myths are popular. But the panic hits Main Street, as well.

On April 6, the New York Times published an article entitled “A New Covid-19 Crisis: Domestic Abuse Rises Worldwide.” Lockdowns trapped women in close proximity to abusive men, it maintained, and this situation resulted in soaring rates of DV. The conclusion was based upon warnings from DV activists, whose salaries usually depend upon the public attention given to this issue, and upon any reported increase in calls to DV hotlines—calls which were handled as though they were confirmed cases.

In an earlier article for the Libertarian Institute, I observed that police reports are more reliable sources by far, for several reasons. “People access DV hotlines…for many non-DV issues…but they report this crime to the police. The same person may phone a hotline many times, but a police report is…‘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.” The rate of police reports during the lockdown in many or most cities has shown a decline or little change.

Nevertheless, mainstream media around the world echoed the New York Times article. The UK Independent (April 15) stated “Domestic abuse killings appear to double during UK’s lockdown,” for example. The main source cited was an anti-DV “campaigner, who is chief executive of domestic abuse charity Nia.”

Meanwhile, other newspaper accounts indicated that crime in general was sharply down in UK during the same period. This does not mean murders were down, of course, but it raises questions, even if the Independent’s account is accurate. What was the general rate of murder? Did the crime increase for both sexes and, perhaps, more for men than for women? Can murder, which has many motives, be automatically ascribed to DV? Was the murder done by a male partner, as most articles suggested, or was a stranger or a woman the perpetrator? How can the last question be answered if those accused have not been tried?

In America, where murder rates have generally soared since the lockdown, a substantial number of police departments reported a decrease in DV. This should give pause to those reporting on the issue. Instead, the data was strangely interpreted. A recent headline in The Financial Post captured the gist of it, “No surge in domestic violence cases during COVID-19 lockdown—that doesn’t mean it’s not happening.” In short, reports of decline are reason to worry about an increase. Counter-evidence did not discourage fear mongering. Remember, it serves a political purpose and fits an established narrative.

The myths and hoaxes continue to block the possibility of genuine solutions emerging. A big step toward a genuine solution to stalking would be a definition that includes only harm or threat of harm to person and/or property and that includes men equally. A big step toward solving DV would be to credit only investigated cases and to acknowledge that both sexes are victimized at roughly the same rate.

All victims benefit from the truth. Unfortunately, the truth suffers from the disadvantage of being far less politically useful.

About Wendy McElroy

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.

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New Title IX Rules Strengthen Rights For Victims and Due Process For Accused

Post author By saveadmin
Post date July 22, 2020

by Michelle Owens

For nearly a decade, college administrators used the pseudo-legal authority they received from the Obama Administration to set up Wonderland-worthy courts where the Queen of Hearts’ motto, “sentence first – verdict afterwards,” was the law of the land. While many argued this was done to make it easier for victims to come forward, there is no evidence it actually reduced sexual assault on campus. Nor did it help victims. This lack of clarity hurt students who’d been attacked and students who’d been unjustly accused.

I have a unique perspective on these issues. For more than a decade I have worked as a licensed social worker with survivors of sexual abuse. As a longtime Nashville attorney specializing in Title IX cases, I’ve also defended those falsely accused of sexual misconduct in the extremes of minor and trivial complaints that ruin lives.

These students have survived an unjust and unfair process. My cases have included representing a student who was charged under Title IX for allegedly touching a girl on her head (this was not on a date or in a romantic setting). Another client was charged for sexual misconduct for touching a student on her elbow at a dance because he was trying to move her out of the way of another person. And one male student was charged for giving an honest compliment to a friend on her outfit.

These are among the cases that allow college administrators to start the process of kicking students out of school and labeling them a sexual predator on their academic record. But they barely scratch the surface of reasons of why changes needed to be made to Title IX, the law that bans sex discrimination in schools. The Department of Education recently released regulations that establish a basic level of privacy for accusers and fundamental due process for the accused. Those who say we cannot have due process and help victims are creating a false choice. We can and must have both and that’s reflected in the long overdue regulations.

In March, the Department of Education Office of Civil Rights released its findings from an investigation of sexual misconduct cases at Penn State University. A review of more than 300 case files involving reports of sexual harassment found numerous procedural errors that seriously damaged the right of both complainants and respondents to a fair process.

Unfortunately, some insist on preserving the ways of the past and say the outlined reforms hurts victims. That’s simply not true. It merely requires that accused students not be punished or expelled until/unless they’re found guilty, that all evidence including exculpatory evidence is disclosed, and that all faculty involved in the investigation are free of conflicts of interest or bias.

In reality, the new Title IX reforms strengthen the rights of victims. Specifically, the regulations: require the school to actually investigate allegations and do so in a timely manner; ensure accusers are not required to disclose any confidential records, including medical and psychological; require the school to give the accuser support in the form of class or dorm reassignments, no-contact orders against the accused, etc., even if they have not initiated an official investigation; allow the accuser to participate in dispute resolution or withdraw their complaint if they so choose; discourage minor complaints that harm the credibility of survivors; and define the proper process of investigation including appeals.

For victims, this means the end of paperwork backlog, slow-walked investigations, disclosure of personal health records, and stalled class and dorm reassignments. For the accused, it means the end of surprise administration letters saying that you’ve been accused of sexual assault and subject to expulsion without evidence or any specifics.

Sexual assault is a serious crime, and the patchwork response from college administrators that has stood for nearly ten years can no longer stand. We need national standards are fair to all students. That is the only way to ensure justice for survivors and due process for the accused. Thankfully, the new guidance on Title IX does just that.

Michelle Owens is a managing partner specializing in Title IX defense, education disciplinary defense, professional license defense and labor law at Agee, Owens & Cooper in Nashville, Tenn.

#MeToo Campus Civil Rights Discrimination Due Process False Allegations Free Speech Investigations Office for Civil Rights Sexual Harassment

Black Immigrant Chaplain Claims Christian College Used Bogus Title IX Investigation to Fire Him

Post author By saveadmin
Post date July 20, 2020

‘From the outset … race was very much at issue’

A professor’s race heavily factored into his firing on the grounds of making racially and sexually insensitive comments, according to his attorney.

Wheaton College, known informally as the Harvard of evangelical colleges, publicly announced the dismissal of Chaplain Tim Blackmon earlier this month, more than a month after his firing.

The 50-year-old black immigrant from the Netherlands has since vigorously disputed the allegations against him, telling the Chicago Tribune that “they are a complete misconstrual of the comments” he made.

President Philip Ryken justified the college’s firing of Blackmon by publicly accusing him of several violations Wheaton learned about last fall. He had “repeatedly used an ethnic slur” to refer to an Asian employee and suggested that a female staff member sit on his lap during a training session for sexual harassment, according to Wheaton’s statement.

The black chaplain also circulated a meme to employees about masturbation and “arranged” to have the book “The Complete Idiot’s Guide to the Kama Sutra” placed on a female staff member’s desk, the college claimed.

Wheaton claimed that Blackmon “admitted to certain allegations, which is patently untrue,” his attorney Andrew Miltenberg told The College Fix in an email. The ex-chaplain “continues to refute” both the allegations and the context Wheaton applied to them.

“From the outset, Chapl[a]in Blackmon’s race was very much at issue,” contrary to Wheaton’s race-neutral portrayal of the allegations, Miltenberg said.

Citing Wheaton’s allegedly poor record with racial and ethnic diversity, “especially with the African American community,” the attorney said that Blackmon has been treated far worse than his white colleagues.

Pressure to conform with the prevailing views of the #MeToo movement and the controversies surrounding Title IX investigations resulted in an overreaction from the college, the attorney added.

Ultimately, Wheaton chose to oust Blackmon so that it could maintain the mantle of being an “ethnically diverse” college all the while “return[ing] to its roots – that being a primarily white educational institution,” Miltenberg alleged. Yet the fired employee and his attorney have not decided whether to take legal action yet.

When asked to specify some of the college’s allegations about Blackmon – including the exact racial slur – beyond its curt statement, Director of Marketing Joseph Moore stated: “Wheaton College is not providing further comment.”

That supposed slur, Blackmon told a blogger last week, stemmed from an “inside joke” about the song “Black and Yellow” by the rapper Wiz Khalifa and its relevance to working in a “predominantly white institution.”

Theological articles he shared were ‘ideologically problematic’ for accuser

Wheaton’s internal statement to its community, which Moore provided and which preceded Blackmon’s response, made clear that the college did not find that he engaged in “sexually immoral relationships or physical sexual misconduct.” Rather, its investigation “revealed conduct inconsistent with Wheaton’s policies and commitments.”

Moore did not not provide The Fix with the specific policies and commitments purportedly breached by Blackmon, however.

“To be clear, I was completely blind-sided by this Title IX investigation,” Blackmon said via his attorney in response to Wheaton’s statement.

“I recently learned this was the second time this individual filed a Title IX against me,” the first one occurring in 2017 after Blackmon had “shared five theological articles that the complainant [accuser] deemed ideologically problematic.” (He doesn’t give a more specific description of the accuser; Wheaton’s language suggests at least two women complained.)

Wheaton’s Title IX office didn’t investigate at the time, “as it was a clear misuse of the Title IX investigative process,” the chaplain continued. But in the most recent complaint, he said that “several of my comments have been taken completely out of their factual and, in some cases, religious context.”

He emphasized that no one accused him of “flirtation, inappropriate relationships, sexual misconduct or any sexual action towards anyone,” and neither the accuser nor “any witness, communicate[d] offense or discomfort.”

While it left out his race when justifying his firing, Wheaton emphasized Blackmon’s race when hiring him five years ago as the first nonwhite chaplain in its 155-year history.

Rodney Sisco, director of the Office of Multicultural Development, told The Wheaton Record: “I think change is change, and change is always difficult. Chaplain Blackmon is going to be seen differently.”

While Sisco was personally excited to have a “person of color leading the chaplain’s office,” he suspected that some community members would be “a little worried, asking, ‘Have we made some sort of strange mistake?’” He concluded by saying: “I think there will be some folks who push against the college.”

At the time, only 2.3 percent of the student body was comprised of African Americans. The most recent figures from 2017 put it at 3.03 percent––its white population is at 70.8 percent. (Ranking service College Factual says Wheaton has more “non-resident alien” students than African Americans.) This is at a college that was founded by evangelical abolitionists in 1860 and was a major stop along the Underground Railroad.

“Wheaton has failed in its attempt, if any were even made, to achieve truly measurable and transformative cultural diversity,” Miltenberg, who has represented hundreds of college students accused of sexual misconduct, told The Fix.

‘The Complete Idiot’s Guide to the Kama Sutra’ was a regifted ‘gag’

In a separate public statement, the attorney alleged that Wheaton administrators “are now publicly smearing and defaming my client in the media by using out of context statements and false accusations.”

Contrary to President Ryken’s claim, Blackmon “never asked his secretary to sit on his lap during a sexual harassment training,” and “never harassed anyone, sexually or racially,” according to Miltenberg. The college simply “weaponized the Title IX process to get rid of someone whose words and ideas didn’t always conform to their views.”

The lap allegation, Blackmon told The Roys Report blog last week, stemmed from his critical comments about “the mandatory (but rather patronizing) sexual harassment training video” he was required to watch when starting at Wheaton in September 2015.

He said he told the accuser: “Come on, it’s not like I don’t know what sexual harassment is. It’s not like I’m asking my secretary to sit on my lap and take the training for me.”

The context for another allegation, about his comments to a newly married female employee, was the fact that her “brand-new husband had been pulling all-nighters for grad-school,” Blackmon continued:

As a way of celebrating their newly wedded bliss I said, “Maybe you should surprise him and pay him a conjugal visit.” As to the conjugal-visit comment, I was genuinely trying to commiserate with her about the challenges of graduate school and newlyweds.

Regarding the incident involving “The Complete Idiot’s Guide to the Kama Sutra,” Miltenberg told The Fix that Blackmon “received the book from a former parishioner.”

That person’s wife wrote about the incident in a comment on a blog post on the Blackmon controversy: “I left the book on Tim’s desk. During our annual Church bazar [sic] I found the book in the donated items as we set up.” She thought that it would be “ironic to put the book on Tim’s desk.”

Later, after she and her husband “laughed about it,” her husband “snuck into Tim’s office and hid it in his library where it sat for years. I guess it made its way to Chicago. I thought it was funny to put a book that silly in Tim’s office. And the idea I was a victim is stupid.”

According to Miltenberg, at some point Blackmon “told the complainant the story after he found the surprise gag gift in his [college’s] library and then gave her the book. He thought it was a funny story. That’s all there was to it.” (Blackmon told The Roys Report he shared the story with others, but admitted that it sounded bad when “taken out of its contexts without the prank.”)

Because this was “such a benign event,” the attorney continued, “we believe 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.

‘China-man’ was an ‘inside joke’

Regarding the “ethnic slur” he allegedly used repeatedly toward an Asian American employee, Blackmon provided the context to The Roys Report.

When he started working at Wheaton, Blackmon said one of his Korean ministry colleagues was “mistaken” for a professor. They “commiserated about the realities of beginning to work” at the predominantly white institution, comparing their situation to the Wiz Khalifa song “Black and Yellow”:

[A] black pastor from Holland and a Korean ministry associate. I said, “Maybe we should call you the China-man because people can’t even tell one Asian from another, one Chinese from a Korean.” More laughter ensued and for the next couple of weeks we commiserated about the ironies of working in a predominantly white institution, and we soon moved on from our inside joke and got to work.

“This,” said Blackmon, “is what they are considering the racial/ethnic slur.”

Miltenberg also suspects that “Wheaton may have overreacted out of fear of public pressure given the #MeToo movement and other Title IX related controversies as of late”:

Wheaton has repeatedly shifted the landscape in Chaplain Blackmon’s case, at times claiming it was Title IX issue, and other times, suggesting that the situation did not fall under Title IX.

This shifting has impeded Blackmon’s ability to appropriately respond to the allegations as well as “denying him the right to counsel,” Miltenberg said. The college has also ignored its own “employee conflict resolution procedures,” he claimed.

Its actions “have put Chaplain Blackmon’s future very much at risk,” Miltenberg said.

Source: https://www.thecollegefix.com/black-immigrant-chaplain-claims-christian-college-used-bogus-title-ix-investigation-to-fire-him/

Campus Sexual Assault Sexual Harassment Title IX

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

Post author By saveadmin
Post date July 19, 2020

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

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

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

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

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

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

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

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

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

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

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

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

Links:

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Blue State AGs Want To Limit College Students’ Due Process Rights. Red State AGs Are Fighting Back

Post author By saveadmin
Post date July 18, 2020

by Ashe Schow

A group of 18 Blue State attorneys general filed a lawsuit against U.S. Department of Education Secretary Betsy DeVos earlier this month to try and block new regulations that would provide much needed due process to college students accused of sexual assault.

The lawsuit is meant to delay the final rule’s implementation at least until after the November election, with filers hoping former Vice President Joe Biden will become president and cancel the rule all together.

As Inside Higher Ed reported earlier this month, the lawsuit claims the new rules would “reverse decades of effort to end the corrosive effects of sexual harassment on equal access to education,” ignoring the fact that denying due process makes it easier for false accusations to limit access to education and does nothing to stop actual sexual harassment.

The AGs also took issue with the fact that the new regulations limit who can make an accusation (the new rules state the accuser must be a student of the school), are unfair. The whole point of Title IX wading into sexual harassment and assault was to claim accusers had their educational opportunities limited by a college that ignored their sexual assault claims. If the accuser isn’t even a student, their educational opportunities can’t be limited by a school they don’t attend.

The AGs that filed the lawsuit were all from Democrat states: California, Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

Last week, a coalition of Red State AGs filed a brief defending the new regulations.

The new rule, the AGs wrote, “requires educational institutions to investigate and, where proved, punish allegations of sufficiently severe, pervasive, and objectively offensive sexual harassment. It also provides a needed framework, consistent with long-standing Supreme Court precedent, that protects the foundational constitutional rights of due process and speech.”

The AGs take particular issue with the notion that because the adjudications can’t result in jail time (at least the schools can’t impose such a punishment, they can and do send information gathered to police in order to circumvent students’ constitutional due process rights), then due process isn’t necessary or can be severely limited.

“The need for procedural due process only increases in the context of sexual harassment and misconduct. Although not a criminal proceeding outright, the underlying act at issue in a harassment-related disciplinary hearing overlaps with illegal conduct. A finding of guilt attaches a special stigma to the accused party that will stay with them well after they exit campus,” the AGs wrote.

They also quoted a ruling against Brandeis University from an accused student. The judge in that case wrote, “If a college student is to be marked for life as a sexual predator, it is reasonable to require that he be provided a fair opportunity to defend himself and an impartial arbiter to make that decision.”

The AGs writing in support of the final rule are from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas.

The Daily Wire is one of America’s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.

Campus Civil Rights Due Process False Allegations Sexual Assault Sexual Harassment

Why Are Some Members of Congress Opposing Due Process Protections for Black Male Students?

Post author By saveadmin
Post date July 14, 2020

SAVE

July 14, 2020

During the Senate HELP Committee’s 2015 hearing on campus sexual assault, Harvard Law Professor Janet Halley made the surprising observation that in her experience, “male students of color are accused and punished at ‘unreasonably high rates’ in campus sexual misconduct investigations.” (1) Two years later, journalist Emily Yoffe posed this question in The Atlantic: “Is the system biased against men of color?” explaining, “black men make up only about 6 percent of college undergraduates, yet are vastly overrepresented in the cases I’ve tracked.” (2) Lara Bazelon, director of the racial justice clinics at the University of San Francisco School of Law, likewise has opined about the troubling racial dynamics at play under the current Title IX system, and urged Education Secretary Betsy DeVos to “take important steps to fix these problems.” (3)

During this time of national reflection on race relationships, stories mount of black men whose lives were irrevocably harmed by false allegations or poorly administered campus tribunals (4). The examples of unfair treatment are numerous and egregious:

Two years ago, Nikki Yovino was sentenced to one year in jail for falsely accusing two black male football players, students at Sacred Heart University, of sexual assault (5).
Grant Neal, a black student athlete suspended by Colorado State University-Pueblo for a rape his white partner denied ever happened, sued and settled with his university (6).
Two black male students accused of sexual assault recently settled a lawsuit against University of Findlay for racial, gender, and ethnic discrimination (7).

Black faculty members also have been targeted by the campus kangaroo courts. The nation’s first elected black governor, former Virginia Governor L. Douglas Wilder, penned a scathing letter regarding his “unimaginable nightmare at Virginia Commonwealth University” after he was erroneously accused of sexual misconduct. He aptly titled his letter, “Secretary DeVos Right to Restore Due Process on Campus.” (9) Similarly, Howard University castigated law professor Reginald Robinson for allegations of sexual harassment, although his actions were clearly an expression of academic freedom consistent with university policy. (10)

So how widespread is the problem?

In 2017, the Office for Civil Rights investigated Colgate University for potential race discrimination in its sexual assault adjudication process. During the course of the investigation, the institution had to reveal the embarrassing fact that “black male students were accused of 50% of the sexual violations reported to the university,” (11) even though black students represent only 5.2% of all undergraduate students (12).

More recently, Title IX For All analyzed demographic data from the approximately 650 lawsuits filed against institutions of higher education since 2011. Among the 30% of cases in which the race of the accused student was known, black students are four times as likely as white students to file lawsuits alleging their rights were violated in Title IX disciplinary proceedings. Title IX For All concludes, “These findings come at a time when public officials who have long regarded themselves as champions of civil rights for minorities suspected or accused of crimes advocate a heightened awareness of their rights, while simultaneously working to undermine their rights in higher education settings.” (13)

The new Title IX regulation will ensure fairness, equitability, and credibility, and will support and assist sexual assault complainants, as well (14). Some members of Congress in both the Senate (15) and the House of Representatives (16) have urged Secretary DeVos to rescind the new regulation with vague claims that it is harmful to students.

At a time when activists across the country are clamoring that Black Lives Matter, why are some members of Congress opposed to a regulation that will help improve the lives of black men?

Citations:

Campus Department of Education Office for Civil Rights Scholarships

PR: Growing Number of Schools Being Investigated for Title IX Violations of Sex-Specific Scholarships

Post author By saveadmin
Post date July 13, 2020

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Growing Number of Schools Being Investigated for Title IX Violations of Sex-Specific Scholarships

WASHINGTON / July 14, 2020 – Title IX administrators are placing their institutions at risk of a burdensome OCR investigation as colleges continue to violate federal requirements banning scholarships that discriminate on the basis of sex. Title IX’s regulation 34 CFR 106.37(a) prohibits schools from offering scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (1)

On March 16, 2020, the SAVE Title IX Equity Project issued a press release identifying 237 schools that offered sex-scholarships that discriminate against male students (2). In response to complaints filed with the Office for Civil Rights, 84 new investigations were opened, with additional complaints still under consideration by the federal agency (3).

In the month of June, OCR opened investigations for single-sex scholarship violations against the following schools:

Auburn University, AL
University of Central Arkansas
Colorado State University-Fort Collins
University of Hawaii System
Boise State University
College of Western Idaho
Ivy Tech Community College, IN
Fort Hays State University, KS
University of Kansas-Lawrence
University of Louisville, KY
Montgomery College, MD
Community College of Baltimore County
University of Missouri-Columbia
University of Missouri-Kansas City
University of Missouri-St. Louis
Montana State University-Great Falls College
University of Montana-Missoula
East Carolina University, NC
Central Community College, NE
Metropolitan Community College, NE
Southeast Community College, NE
University of Nebraska-Omaha
New Hampshire Technical Institute-Concord’s Community College
Truckee Meadows Community College, NV
Kent State University, OH
Chemeketa Community College, OR
University of Memphis
University of Tennessee
Brigham Young University-Provo, UT
Weber State University, UT
Virginia Commonwealth University
Bellevue College, WA
University of Washington-Seattle
Washington State University
Madison Area Technical College, WI
Central Wyoming College

Two of the investigations involve allegations of particularly egregious misconduct. The University of Missouri-Columbia offers 70 scholarships to female students and only 1 scholarship to male students. Similarly, Auburn University in Alabama offers 67 scholarships to females and only 1 scholarship to male students (4).

Tulane University, an institution with not only a history of being investigated by OCR for sexual discrimination but also a history of offering female only scholarships (5), has again found itself under OCR’s microscope. Although Tulane entered into a Resolution Agreement with OCR in 2019 (6), OCR is currently evaluating yet another complaint filed in April against the institution for allegedly violating federal requirements that bar sex-discriminatory scholarships.

Mark Perry, an economist at University of Michigan-Flint who himself files OCR complaints against schools with single-sex campus programs, recently opined, “Universities are for the first time being challenged for violating Title IX by offering single sex programs/scholarships, as they continue to live in the past, as if we’re still in the 1960s or 1970s, by pretending that women are handicapped and disadvantaged.” (7)

These findings highlight how university administrators and general counsel need to exercise greater oversight to correct discriminatory practices or risk a costly investigation by the federal Office for Civil Rights.

Citations:

Campus Office for Civil Rights Sexual Assault Sexual Harassment

PR: SAVE Files Amicus Brief Against 18 Attorneys’ General, In Support of New Title IX Regulation

Post author By saveadmin
Post date July 10, 2020

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

SAVE Files Amicus Brief Against 18 Attorneys’ General, In Support of New Title IX Regulation

WASHINGTON / July 10, 2020 – SAVE filed an Amicus Brief yesterday in support of the recently released Title IX regulation, which seeks to restore fairness and due process in campus sexual harassment cases. The Amicus Brief highlights the legal inadequacies of the attorneys’ general Complaint, and urges that the Court dismiss their request for a preliminary injunction.

In 2011 the Department of Education issued a “Dear Colleague Letter” that imposed a range of new campus adjudication procedures for sexual assault cases. These changes removed a number of due process protections, such as the right of parties to be represented by counsel. As a result, hundreds of lawsuits were filed against colleges (1). Amidst intense public pressure, the Department of Education revoked its notorious Dear Colleague Letter in 2017, and later issued a new regulation on May 6, 2020. (2)

One month later, the attorneys’ general from 18 states filed a lawsuit seeking to block the long-awaited regulation. The lawsuit claimed the new regulation will “reverse decades of effort to end the corrosive effects of sexual harassment on equal access to education.” (3)

In response, the SAVE Brief highlights that Title IX “is not limited to the protection of one sex or gender; it protects all.” (page 9) This contrasts with the assertion by the California Women’s Law Center Amicus that states Title IX only serves to protect “women and girls.” (page 8).

The SAVE Brief enumerates the types of sex-based discrimination against male students: Biased educational materials; inconsistent enforcement of policies for male and female students; and a double-standard for intoxication policies. (pages 10-16).

The Brief also provides examples of universities that refused to investigate allegations by male students claiming to be victims of female-perpetrated sexual assault. According to the U.S. Centers for Disease Control, each year 1.7 million men are sexually “made to penetrate,” compared to 1.5 million women who are raped (4).

Noting the hundreds of lawsuits filed against colleges, the SAVE Brief reaches a resounding conclusion:

“This demonstrates a simple truth: male students constitute the overwhelming majority of victims of proceedings on campus that are unlawful and constitute discrimination on the basis of sex, in violation of Title IX. Plaintiffs totally ignore this truth in their Complaint and subsequent Motion for Preliminary Injunction. This is especially astounding given that the deprivation of students’ rights in the disciplinary process,…was a substantial predicate for the issuance of the Regulation.” (pages 9-10)

The SAVE Amicus Brief is available online (5).

Links:

Sexual Assault

Men’s Lives Matter: Male Victims of Sexual Abuse

Post author By saveadmin
Post date July 9, 2020

When a woman sexually abuses a man, the pain inflicted is dismissed by those whose political paradigm does not include men as victims. Unfortunately, these voices dominate the research, media, and legislation that surrounds the issue of sexual victimization.

Their narrative: “Women are victims, men are perpetrators.” This rigid approach even ignores the glaring male-on-male sexual violence in prisons because it does not fit the mold; in fact, if prisoners were counted, then men might well show a greater rate of rape than women. The blindness to male victimization inflicts a second injustice on every male survivor who is either viewed as a liar or as unimportant. Female survivors of rape in the ‘50s were treated in much the same way by law enforcement and the court system.

The situation with the sexual abuse of men is slowly changing. A few years ago, the CDC added a category of sexual abuse called “made to penetrate,” which is an important but almost entirely overlooked form of sexual abuse, perhaps because it applies only to males. A report entitled “The Sexual Victimization of Men in America: New Data Challenge Old Assumptions” was published in a 2014 issue of the American Journal of Public Health. There, UCLA researchers Lara Stemple and Ilan Meyer explain, “By introducing the term, ‘made to penetrate,’ the CDC has added new detail to help understand what happens when men are sexually victimized…Therefore, to the extent that males experience nonconsensual sex differently (i.e., being made to penetrate), male victimization will remain vastly undercounted in federal data collection on violent crime.” Stemple and Meyer conclude, “we first argue that it is time to move past the male perpetrator and female victim paradigm [of rape]. Overreliance on it stigmatizes men who are victimized.”

Including the category ‘made to penetrate’ could shift the entire paradigm of sexual violence. The CDC, National Intimate Partner and Sexual Violence Survey: 2010-2012 State Report, released in 2017, indicates (Tables 3.1 and 3.5):

Males:

Made to penetrate: 1.7 million
Rape: Numbers too small to report a reliable estimate
Sexual coercion: 1.6 million
Unwanted sexual contact: 1.9 million

Females:

Rape: 1.5 million
Made to penetrate: Numbers too small to report a reliable estimate
Sexual coercion: 2.4 million
Unwanted sexual contact: 2.5 million

With this shift of paradigm, female-on-male violence may start to receive attention. The problem is enormous. BOJ statistics for 2018 show the imprisonment rate in America as 431 sentenced per 100,000 residents. Extrapolating from the figures for federal prison, well over 90% of prisoners are male. In its report “No Escape: Male Rape in U.S. Prisons,” Human Rights Watch indicate s that approximately 20% of male prisoners are sexually victimized. Most sexual violence professionals, however, seem indifferent to the situation.

The rate of male sexual victims is likely understated because men notoriously underreport their abuse. The National Domestic Violence Abuse Hotline offers several reasons why. They are socialized against appearing “weak”; their abuse becomes the brunt of jokes; they believe there is no support out there for them…and with reason. The Maryland nonprofit Stop Abusive and Violence Environments summarized the situation. “On the one hand, about 25% of men who sought help from DV hotlines were connected with resources that were helpful. On the other hand, nearly 67%…reported that these DV agencies and hotline were not at all helpful. Many reported being turned away.” Their research tells “a story of male helpseekers who are often doubted, ridiculed, and given false information. This…impacts men’s physical and mental health.”

How can this happen in a society preoccupied with sexual abuse? The dominant narrative of sexual violence is identity politics. This claims that a person’s identity is not defined by a common humanity and the choices he or she makes as an individual. It is defined by the specific subcategories of humanity into which a person fits; gender and race are examples. Instead of humanity having common interests, such as freedom of religion, the subcategories have interests that clash. Men benefit at the expense of women. They do so by sexually oppressing women…or so the story goes.

The preceding statement reflects some historical truth. In the ‘50s, men as a class did receive preferential treatment in the workplace, academia, and from the general culture. Women who experienced sexual and domestic violence were blamed for their own victimization. But society has changed at a dizzying pace. We live in a healthier society that contains a fatal flaw: identity politics. If people are defined by biological subcategories that are in conflict, then society is at war—a forever war. Fairness or equality to one class means pulling down another. If men perpetrate sexual violence, then raising up women means policing and punishing males. When facts contradict the narrative, they may be given a cursory nod, then the narrators return to the script.

In the ‘60s, the unjust treatment of female rape victims sparked a sexual revolution that ripped open the culture. But no revolution defends male victims. Instead, the ‘60s revolution has been institutionalized within academia, bureaucracy, and law. It has calcified. The established sexual order now depends on ignoring male victims or dismissing them as inconvenient. It must ignore the fact that violence has no gender. Violence only has individuals who abuse and individuals who are abused. Excluding women or men from either category shows a willful blindness to reality. It expresses political self-interest, not justice.

Source: https://libertarianinstitute.org/articles/mens-lives-matter-male-victims-of-sexual-abuse/