Categories
Victims Violence Against Women Act

‘Discarded’ Abuse Victim Speaks Out: VAWA Bill Reveals How Victimhood Professionals Exploit Victims

‘Discarded’ Abuse Victim Speaks Out: VAWA Bill Reveals How Victimhood Professionals Exploit Victims

Wendy McElroy

April 24, 2021

The Violence Against Women Act (VAWA) is currently in the Senate awaiting debate and reauthorization. VAWA is the federal touchstone for how sexual abuse, especially domestic violence (DV), is addressed and funded nationwide. It has vastly expanded from its 1994 roots and epitomizes not only the inevitable drift of government toward greater power but also the dynamics of how the victimhood industry abets in and weaponizes this power.

Much of current politics devolves to the question of who has a right to speak for the victim. Speaking for victims is a massive industry through which politicians and advocates can achieve immense status and wealth. They can also implement unrelated agendas as long as they are attached to cries of racism or rape. No wonder there is stiff competition among victimhood professionals for who has the right to speak for victims so that they can acquire tax-funding and the weight of law. In the jostle for power and podium, however, the victims themselves are often lost in the shuffle so that no one seems to speak for them, except out of self-interest.

VAWA is an example of victimhood professionals and legislators damaging the very people they claim to protect. It expresses the ground game of most if not all social justice campaigns?

A social justice campaign begins by sculpting the definitions of what constitutes DV and who is viewed as a “victim” in order to make them useful to the “correct” narrative and policies. Whoever controls the definitions wins the argument.

The House VAWA bill H.R. 1620 amends Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). The bill defines DV as:

“a pattern of behavior involving the use or attempted use of physical, sexual, verbal, psychological, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim.”

This vague and expansive definition would include lover’s quarrels (verbal abuse), threats of leaving the relationship (psychological), imposing a budget (economic), and sending emails repeatedly after a break-up (technological). It criminalizes common, nonviolent behavior so that government and law enforcement can intervene in the minutia of relationships to benefit one side. An example of an amendment: “Sexual contact is not a necessary component of such a relationship.”

Over time, VAWA’s has deeply embedded “the personal is political” into DV policies and law. The underlying theory of this slogan is that all actions and attitudes, however personal they may seem, have political significance; they occur within the political framework of an oppressive culture and impact society. Almost in self-defense, therefore, society has a ‘right’ to encourage—if not mandate—‘proper’ actions and attitudes; it has a ‘right’ to discourage improper ones, by law if necessary. This is the stripped-down core of political correctness and purpose of the social justice warrior
.

Armed with obedient definitions, the next step toward social justice is to create a hysteria to establish the urgency of action. A common way to do this is to cherry-pick statistics that paint an alarming picture. Consider the VAWA section headed “Title IX, Safety for Indian Women,” especially on Native American women’s safety. It opens, “More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experienced violence in their lifetime.”

The statistic comes from the National Intimate Partner and Sexual Violence Survey (NISVS), “Violence Against American Indian and Alaska Native Women and Men.” But VAWA makes a curious omission. Immediately after the 84.3 percent figure cited, the NIPSVS reads, “More than 4 in 5 American Indian and Alaska Native men (81.6 percent) have experienced violence in their lifetime.” This is only 2.7 percent less violence than women but this data is ignored. If VAWA cares for “victims,” why the conspicuous omission?

The short answer: the omitted data do not support the social justice narrative or the goal of assisting the oppressed class of “women.” The dismal does not come from the ignorance of advocates or from indifference toward male suffering; they fear presenting an accurate picture. If a balanced discussion of sexual violence occurred, then their preferred group would lose its monopoly on victimhood; advocates would lose funding, status, and power.

Instead, they selectively use stats to declare a DV epidemic against women and to demand legislation. Often, the next step in a social justice campaign is to have carefully selected victims testify in public about their suffering. The testimonials serve at least three purposes other than stoking hysteria. They allow advocates to ride a wave of moral and emotional outrage that sidesteps the need for reasoned arguments. They silence critics who appear to be callous and indifferent to the revealed agony of women if they ask questions. They also push aside inconvenient victims who interrupt the desired narrative; not all of these victims are male.

If the foregoing analysis sounds cynical, it is partly because I am one of the discarded victims. I am legally blind in my right eye due to a severe DV beating I experienced in my 20s. But I do not agree with the ideology, goals, methodology, or conclusions of VAWA. And I am convinced that my experience would have been much worse if I had been processed by the victimhood industry. For one thing, they would have insisted on that my blindness were caused by the system and culture. I knew it had been caused by one man—not by all men, not by society—by one man. I am not the voice VAWA advocates want to hear; I am one of the voices they need to silence. As such, VAWA and other DV advocates have been cynical toward me simply because I want to speak the truth of my own experience.

The victimhood complex is a huge network of bureaucracy that directly results from “the personal is political.” But the personal cannot be found in a government agency. People will never be empowered by bureaucrats; people are empowered by speaking themselves.

Excerpted from: http://www.ifeminists.com/e107_plugins/content/content.php?content.1504 

Categories
Campus DED Sexual Assault Directive Department of Education Sexual Assault

Did the 2011 DCL Contribute to University Failures in Staff-on-Student Sex Scandals?

Did the 2011 DCL Contribute to University Failures in Staff-on-Student Sex Scandals?

SAVE

April 26, 2021

Much has been written about the failures of the Dear Colleague Letter issued by the Department of Education in 2011, including:

  1. No demonstrated improvement in the reporting of sexual assault
  2. An increase in the rate of sexual assaults
  3. Lawsuits by wrongfully accused students
  4. Millions of dollars spent by university Title IX programs

Three highly publicized cases of staff-on-student sexual abuse suggest another shortcoming of the DCL policy:

Michigan State University: “The U.S. Education Department fined Michigan State University $4.5 million in September for failing to respond to sexual assault complaints against Nassar. The same day, MSU President Samuel Stanley Jr. announced the resignation of Provost June Youatt, saying the investigation findings showed she and former President Lou Anna Simon “failed to take appropriate action on behalf of the university to address reports of inappropriate behavior and conduct.” according to an account of the incident.”

University of Southern California: “Since the release of the initial Los Angeles Times article published on May 16, 2018, hundreds of USC students and alumni have come forward with allegations of sexual abuse, assault, battery, and harassment. Over the years, many patients reported that Tyndall was unprofessional, creepy, or made them feel “uncomfortable and violated.” There were multiple requests to change providers and not see Tyndall again. Complaints were generally addressed internally by USC Engemann Student Health Center executive director, Larry Neinstein.”

UCLA: “James Heaps, 67, a one-time gynecologist who is at the center of the scandal at UCLA, also still faces criminal charges for his actions during his 1983-2019 career at the university, in its student health center and at its medical center. The Los Angeles Times reported that the doctor was first arrested  in June 2019 for sexually touching two patients in 2017….The UC system said that it has improved procedures and will undertake more reforms as part of the class-action settlement, the newspaper reported:

“UCLA agreed to create a new process for investigating allegations of sexual assault, harassment, and misconduct. It must also implement a formal chaperone policy for patients. It must also initiate a training program on boundaries and ensure that patients are informed about reporting misconduct.”

While the staffers’ sexual abuse of students began during the years prior to the issuance of the 2011 DCL, university officials consistently failed to take appropriate actions in response to student complaints made during the years following release of the DCL. This reveals that the Dear Colleague Letter did not improve university responses to complaints of staff-on-student sexual abuse. Indeed, the hysteria about student-on-student sexual assault, which permeated campuses during the past decade, may have diverted attention from the burgeoning problem of staff-on-student sexual abuse.

Categories
Domestic Violence

Women Who Think Hitting Their Husband is Funny

WOMEN WHO THINK HITTING THEIR HUSBAND IS FUNNY

Coalition to End Domestic Violence

April 24, 2021

One of the common refrains from domestic violence activists is, “There’s no excuse for domestic violence.” But apparently some persons haven’t taken this message to heart.

Speaking of her husband, singer Amy Winehouse once bragged, “I’ll beat up Blake when I’m drunk 
 If he says one thing I don’t like then I’ll chin him.”[i] Other women were equally amused their violent tendencies:[ii]

  • “I bounced an alarm clock off my husband’s head from across the room once.”
  • “I’ve had many satisfying dreams where I beat up my ex. If I saw him again, I don’t think I’d be able to restrain myself.”
  • “Yeah, I’ve punched the sh*t out of a guy. But I don’t like to brag.”

Ann Silvers, a counselor and author of the book, “Abuse of Men By Women,” highlights this continuing problem in a recent YouTube video about “Women’s Violence in Media.” Silver admits, “I’m really frustrated by the amount of times we see that depicted…It’s emboldened, it’s applauded, it’s laughed at.” Silvers gives several examples:

  1. Romantic comedies such as Fool’s Gold
  2. Commercials, such as a woman throwing a can of soda at the man
  3. In the movie Frozen, in which the girl violently hits the guy

Silvers reveals that in her own counseling practice, she continues to see abusive women: “They’ll come in and a couple will tell me a story about her hitting him. And I’ll look at them both and say, ‘You know, that’s not OK.’ And at times I’ve gotten this look from women, ‘That was OK, I get to do that!'”

“If we’re going to justify somebody hitting somebody else, that’s exactly what’s wrong in partner abuse,” Silvers concludes.

Links:

[i] Amy Winehouse beats up her husband when she’s drunk. Starpulse News Blog. June 12, 2007. http://www.starpulse.com/news/index.php/2007/06/12/amy_winehouse_beats_up_her_husband_when_

[ii] Roberts C. Women who batter, proudly. Ifeminists.net October 5, 2007. http://www.ifeminists.net/e107_plugins/content/content.php?content.233

Categories
Violence Against Women Act

VAWA Reauthorization Must Stop Overly Aggressive Policing in Black Communities

VAWA Reauthorization Must Stop Overly Aggressive Policing in Black Communities

Coalition to End Domestic Violence

April 23, 2021

The “criminalization of social problems has led to mass incarceration of men, especially young men of color” – Ms. Foundation for Women[i]

Domestic violence is an important problem in the African-American community. According to the Centers for Disease Control, each year Black men are more likely than Black women to be victims of sexual violence, physical violence, and/or stalking:[ii]

  • 48 million Black men (Table 5.6)
  • 38 million Black women (Table 5.3)

Analyses show programs funded under the Violence Against Women Act have not helped women,[iii] are often ineffective,[iv] rely on biased arrest policies,[v] disregard due process,[vi] and weaken the family.[vii]

These problems are especially pronounced in the African-American community:

  • One study found that protection order statutes were associated with an increase in the number of black women killed by their unmarried partners.[viii]
  • Columbia University law professor Kimberle Crenshaw has noted that many women of color are reluctant to seek intervention from the police, fearing that contact with law enforcement will only worsen the system’s assault on their lives.[ix]
  • According to the FBI, African-Americans – mostly men — are disproportionately affected by mandatory-arrest policies. Blacks represent 23% of all spouses and 35% of all boyfriends or girlfriends arrested for partner aggression.[x]
  • A Harvard University study of mandatory arrest policies found that mandatory arrest laws brought about a 54% increase in intimate partner homicides.[xi]
  • Attorney Aya Gruber wrote, “Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men.”[xii]

According to the Congressional Black Caucus, African-American men are incarcerated at more than six times the rate of White men, partly as a result of “overly aggressive policing.”[xiii]  The over-reliance on law enforcement and criminal justice interventions has sent millions of Black men to jail, escalated partner conflict, and broken up families.

The upcoming reauthorization of the Violence Against Women Act needs to end this travesty.

Links:

[i] Ms. Foundation for Women. Safety and justice for all. New York, 2003, p. 17.

[ii] https://www.cdc.gov/violenceprevention/pdf/NISVS-StateReportBook.pdf

[iii] CEDV. Domestic Violence Programs Are Shortchanging Women. 2021.  http://endtodv.org/wp-content/uploads/2021/04/Shortchanging-Women.pdf

[iv] CEDV. How effective are domestic violence programs stopping partner abuse? 2021. http://endtodv.org/wp-content/uploads/2021/04/How-Effective-are-DV-Programs.pdf

[v] CEDV: Justice denied: Arrest policies for domestic violence. 2021. http://endtodv.org/wp-content/uploads/2021/04/Arrest-Policies.pdf

[vi] CEDV: Without restraint: The use and abuse of domestic restraining orders. 2021. http://endtodv.org/wp-content/uploads/2021/04/Restraining-Orders.pdf

[vii] CEDV: How VAWA harms families and children. 2021. http://endtodv.org/wp-content/uploads/2021/04/False-Allegations-Harm-Families.pdf

[viii] Dugan L, Nagin D, and Rosenfeld R. Exposure reduction or backlash? The effects of domestic violence resources on intimate partner homicide. NCJ Number 186194, 2001.

[ix] Crenshaw K. Mapping the margins: Intersectionality, identity politics, and violence against women of color. Stanford Law Review Vol. 43, 1991. p. 1257.

[x] Durose MR: Family violence statistics. Washington, DC: Federal Bureau of Investigation, June 2005. NCJ 207846. Table 5.9. https://www.bjs.gov/content/pub/pdf/fvs.pdf

[xi] Iyengar R. Does the certainty of arrest reduce domestic violence? Evidence from mandatory and recommended arrest laws. Cambridge, MA: National Bureau of Economic Research, June 2007.

[xii] Gruber A. The feminist war on crime. Iowa Law Review Vol. 92, p. 941. 2007.

[xiii] https://cbc.house.gov/issues/issue/?IssueID=14891

Categories
Sexual Assault Sexual Harassment Special Report Title IX

PR: Appellate Court Decisions Reveal Widespread Due Process Deficiencies

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Appellate Court Decisions Reveal Widespread Due Process Deficiencies. Oberlin, Purdue, and USC the Most Egregious Cases.

WASHINGTON / April 22, 2021 – A new report summarizes 23 appellate court decisions of college procedures for handling allegations of sexual misconduct. Titled, “Appellate Court Decisions for Allegations of Campus Due Process Violations, 2013-2020,” the SAVE report summarizes the 23 court rulings, which document major deficiencies in the procedures that colleges and universities utilize to investigate and adjudicate allegations of sexual misconduct.

One or more of the appellate rulings apply to all colleges, public and private, in the following 31 states: AR, CA, CT, DE, IA, ID, IL, IN, KY, LA, MA, ME, MO, NJ, NY, OH, OR, MA, ME, MN, MT, ND, NE, NV, PA, RI, SD, TN, VT, WA, and WI. The report notes that 67% of all U.S. colleges are located in these states.

The most egregious cases involved the following three institutions:

  1. Oberlin College, which advertised on its website that it had a 100% conviction rate.
  2. Purdue University, where two hearing board members admitted to not reading the investigative report, but still voted to expel the accused student.
  3. University of Southern California, which relied on a “judge, jury, and executioner” single-investigator model.

From a legal perspective, the most important ruling was the Doe v. Purdue University case, which made future allegations of sex discrimination easier to prove. The Seventh Circuit Court ruled that a student only needed to “raise a plausible inference that the university discriminated against [him] ‘on the basis of sex.’” (1)

Overall, the decisions enumerate a broad range of protections that are due on college campuses regarding adequate notice of the allegations, impartial and accurate investigations, disclosure of evidence to the accused, cross-examination, fair hearings, lack of conflict of interest among college officials, proper use of testimony, and institutional compliance with its own policies.

Seven public opinion polls have been conducted in recent years, all documenting that a strong majority of Americans support due process on campus (2). Recent editorials and statements by liberal and conservative voices reveal continued support for campus fairness (3).

SAVE urges college officials to become fully acquainted with the appellate decisions, and continue to fully implement the new Title IX regulation, which upholds rights and protections for both complainants and the accused. The new SAVE report is available online (4).

Links:

  1. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D06-28/C:17-3565:J:Barrett:aut:T:fnOp:N:2362429:S:0
  2. https://www.saveservices.org/sexual-assault/opinion-polls/
  3. https://www.saveservices.org/title-ix-regulation/
  4. https://www.saveservices.org/wp-content/uploads/2021/04/Appellate-Court-Cases-2013-2020.pdf

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

Categories
Violence Against Women Act

If We Want to End Mass Incarceration, We Need to Stop Unconstitutional Mandatory Arrest Policies

If We Want to End Mass Incarceration, We Need to Stop Unconstitutional Mandatory Arrest Policies

Coalition to End Domestic Violence

April 21, 2021

The United States has the highest incarceration rate of any country in the world. Higher than Russia, South Africa, or anywhere else.

Mass incarceration hurts all of us: The persons who are arrested for minor or trivial offenses. The family members who lose, usually, a brother, a husband, or a father. The taxpayers who pay $50,000 per prisoner per year. And more.[1]

An arrest triggers the workings of the entire criminal legal system: Investigations, prosecutions, incarceration, and more.

Part of the cause of mass incarceration can be traced back to provisions in the Violence Against Women Act. The original law required VAWA grantees:

“To implement mandatory arrest or pro-arrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.”

This provision obviously violates the Fourth Amendment, which requires “probable cause” before police can make any “seizures.”

Nonetheless, police departments across the nation instituted mandatory arrest policies. These policies have given rise to two serious problems:

  1. Women now commit the majority of domestic violence incidents each year, according to the CDC.[2] But most arrestees are male,[3] reflecting a troubling sex bias.
  2. Mandatory arrest has been shown to cause an increase in subsequent homicides. A Harvard University study concluded, “Intimate partner homicides increased by about 60% in states with mandatory arrest laws
Mandatory arrest laws are responsible for an additional 0.8 murders per 100,000 people.”[4]

Mandatory arrest policies have had a devastating effect on Black communities. The Ms. Foundation for Women decries how the “Criminalization of social problems has led to mass incarceration of men, especially young men of color, decimating marginalized communities.”

Given these compelling facts, one would have expected the House VAWA bill, H.R. 1620, to have addressed these concerns. But it didn’t. In fact, H.R. 1620 actually states we need to “encourage arrests of offenders,” ignoring the fact that a police officer often is unable to determine which party is the true “offender” (Sec. 102).

So if a woman slaps her boyfriend, and he shoves her back, who in their right mind believes both of them should be arrested?

The Coalition to End Domestic Violence calls on Senators to assure the upcoming VAWA bills take proactive steps to remove the harmful mandatory arrest policies that are still on the books across the nation. That will be good start to end our nation’s epidemic of mass incarceration.

Links:

[1] https://www.brennancenter.org/our-work/research-reports/conviction-imprisonment-and-lost-earnings-how-involvement-criminal?ms=gad_prisons%20in%20america_465051828443_8626214133_111612472200&gclid=EAIaIQobChMIzoiouOiP8AIVYsqzCh0jjwR6EAAYASAAEgL0f_D_BwE

[2] https://www.cdc.gov/violenceprevention/pdf/2015data-brief508.pdf Tables 9 and 11.

[3] https://www.bjs.gov/content/pub/pdf/prdv0615.pdf

[4]https://www.nber.org/system/files/working_papers/w13186/w13186.pdf

 

Categories
Campus Sexual Assault Sexual Harassment Title IX

Doe v. Purchase College: OCR Review of Title IX Regulation Needs to Stop ‘Victim-Centered’ Abuses

Doe v. Purchase College: OCR Review of Title IX Regulation Needs to Stop ‘Victim-Centered’ Abuses

April 21, 2021

“Victim-centered” philosophy has become widely utilized by campus adjudication panels across the country (1).  “Victim-centered” ideology presumes that the accuser is always telling the truth, and any inconsistencies in his or her testimony are taken as actual proof of the putative traumatization. Of course, this assumption precludes the possibility that her memory was affected by excessive alcohol intake, or that she may be recounting a well-embellished falsehood.

Recently the New York Supreme Court ruled on a case in which a female student from the State University of New York – Purchase claimed she was a victim of PTSD, which she said precluded her from giving consent to sexual intercourse.

According to a recent commentary, the New York State affirmative consent policy states students “must obtain consent at every escalation of sexual activity through words or actions. In practice, schools have punished students after accusers claim they didn’t give constant consent, like a continuous question-and-answer session. As I have previously reported, there simply is no way for an accused student to prove they obtained affirmative consent under current, draconian policies.” (2)

According to Doe, he and a female Purchase College — State University of New York student were watching a movie one evening with some other students at Doe’s dorm suite. When Doe decided to attend another party, the woman asked, and was permitted to stay at the dorm suite with the other students.

When Doe later returned to the dormitory, the female asked another student to leave so the two students could be alone. She then asked Doe if she could stay the night and requested a pair of Doe’s pajamas to change into. The woman then got into Doe’s bed. The two students began to kiss, and the woman assisted Doe in removing her pajama bottoms. After some initial sexual activity, Complainant took the initiative to request Doe to use a condom. The encounter then progressed to sexual intercourse.

The following day, Doe attempted to contact the female student in a friendly, everyday manner. Three days later she reported the encounter as a sexual assault. A Title IX investigation concluded with Doe being charged with a violation of the Student Code of Conduct, which prohibits any sexual act without consent or sexual intercourse with someone considered to be physically helpless.

The school Hearing Board determined that statements by the woman (now the “Complainant”) about giving consent were conflicting and unreliable. The Board stated it was “concerned that some of [Complainant’s] statements after her initial report were tainted by reading the supports of other witnesses and parties.” This assessment was largely due to the woman’s accounts changing from what she said to the University Police and Title IX Investigator, compared to how she testified during the hearing.

For example, the Complainant told the Police that she was not fearful of Doe.  But the woman later told the Hearing Board that she did not ask Doe to stop because she was fearful of him. Additionally, the student changed the reasons for her inability to give consent: First it was fear, then incapacitation due to alcohol, finally it was an anxiety attack.

In contrast, Doe testified that the Complainant was of sound mind throughout the interaction and believed there was clear-cut consent, based on her actions. Nevertheless, the Hearing Board concluded that while the kissing and removal of the Complainant’s pants were consented to, the remainder of the sexual activity was not. The SUNY Purchase’s Appeals Board found that Doe violated the Student Code of Conduct and suspended him for one year.

Doe then filed an Article 78 appeal to ask the New York Supreme Court to review SUNY Purchase’s determination that he violated code C.8 of the SUNY Purchase Student Code of Conduct.

The Court noted that its review of the case was limited to whether SUNY Purchase’s decision was based on substantial evidence. Substantial evidence is relevant proof that would lead a reasonable mind may accept as adequate to support a conclusion or ultimate fact.

The Court cited Education Law § 6441(1), which states that “consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.” The Court noted that the college Hearing Board had reported Complainant’s testimony lacked credibility. The Court concluded that the SUNY Purchase’s decision to punish Doe “was not supported by substantial evidence,” and that the alleged absence of consent amounted to mere conjecture and speculation.

On March 31, 2021 the Court issued a ruling that annulled SUNY Purchase’s decision and dismissed the charge that Doe violated the Student Code of Conduct. Additionally, the Court vacated all penalties against Doe and ordered the expungement of any references to such findings from his academic record (3).

Kimberly Lau (4), counsel to the accused student, explained, “John Doe was found responsible of sexual assault despite the Hearing Board’s determination that the complainant’s testimony on consent was ‘unreliable and conflicting.’ SUNY Purchase’s disciplinary decision was illogical and in violation of NY State law and its own policies on consent. I’m pleased the Court unanimously agreed.”

OCR Review

Ironically, just three weeks before the Court issued its ruling, President Joe Biden issued an Executive Order calling for the Department of Education to consider “suspending, revising, or rescinding” the newly implemented Title IX regulation (5).

The Biden Order is relevant to the New York case because the new regulation requires that complainants and respondents be treated “equitably,” which means “impartial investigations and adjudications,” including “an objective evaluation of all relevant evidence,” according to the language of the regulation (6).

Clearly, the SUNY Purchase adjudication process was not impartial, objective, or equitable.

So as the Office for Civil Rights moves forward with its review of the Title IX regulation, the Office needs to pay attention to the findings of the New York Supreme Court. Specifically, the OCR needs to consider revising the existing regulation to discourage colleges’ reliance on biased “victim-centered” methods, and improve the specificity of its requirements for impartial, objective, and equitable adjudications.

Links:

  1. https://www.saveservices.org/sexual-assault/investigations/ 
  2. https://www.dailywire.com/news/university-said-accuser-was-conflicting-and-unreliable-but-still-found-accused-student-guilty-a-court-just-overturned-the-schools-finding?fbclid=IwAR004lJwvFtCT3jEN82daxDcgb7pMS5NSSm9c920BXbrCGxQkCRzmjQihdA 
  3. http://www.nycourts.gov/courts/AD2/Handdowns/2021/Decisions/D66100.pdf 
  4. https://www.collegedisciplinelaw.com/Kimberly-Lau 
  5. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/08/executive-order-on-guaranteeing-an-educational-environment-free-from-discrimination-on-the-basis-of-sex-including-sexual-orientation-or-gender-identity/
  6. Section 106.45 (b)(1).  https://www.saveservices.org/2020/05/new-title-ix-regulatory-text-34-cfr-106/
Categories
Domestic Violence Violence Against Women Act

Ernst Editorial Ignores Most Important Fact in VAWA Debate

4.2 million male victims, 3.5 million female victims:

Ernst Editorial Ignores Most Important Fact in VAWA Debate

Coalition to End Domestic Violence

April 20, 2021

According to the Centers for Disease Control, each year there are 4.2 million male victims of domestic violence, and 3.5 million female victims.[1]

This recent incident illustrates the problem:[2]

On April 3, Elizabeth Grace Johnson attacked her boyfriend, Draven Upchurch, in a dormitory room at Southeastern Louisiana University. The woman stabbed Upchurch eight times in the lungs, stomach, and colon. Johnson was arrested and charged with aggravated battery.

The 4.2 million and 3.5 million numbers should be at the forefront of discussions about the upcoming reauthorization of the Violence Against Women Act.

For example, it’s time that we ask, Has the years-long debate been overly focused on female victims, to the detriment of female abusers? And what about male victims of abuse, are they any less deserving of help?

Over the years, senators have emphasized that VAWA services are intended to help both men and women:

  • Joe Biden: “Nothing in the act denies services, programs, funding or assistance to male victims of violence.”[3]
  • Orrin Hatch: “Men who have suffered these types of violent attacks are eligible under current law to apply for services and benefits that are funded under the original Act—and they will remain eligible under the Violence Against Women Act.”[4]

But Sen. Joni Ernst’s recent editorial in USA Today moves the debate in the opposite direction. Titled, “Democrats’ Violence Against Women Act Pressures Women to Negotiate with Abusers,”[5] the article is factually flawed, and is defiant and angry in tone.

Inexplicably, the article whitewashes the existence of male victims. Worse, the article stereotypes men as abusers through its misleading use of pronouns: “Under the Democrats’ bill, the victim would be responsible for publicly stating to her community whether her abuser should face consequences or not.” The article uses inflammatory language about a male “wife-beater,” ignoring the reality of female “husband-beaters.”

Such statements have real-world consequences. The most recent Biennial Report to Congress documents large gender disparities in the provision of victim services, with males representing only a tiny fraction of recipients of VAWA-funded services.[6]

As the VAWA bills come up for consideration, the Coalition to End Domestic Violence urges senators to avoid sexist stereotypes, and to engage in debate that is thoughtful, factual, and acknowledges the needs of men and women alike.

[1]https://www.cdc.gov/violenceprevention/pdf/2015data-brief508.pdf , Tables 9 and 11.

[2] https://nypost.com/2021/04/09/louisiana-college-student-allegedly-stabbed-her-date-in-dorm/

[3]http://www.mediaradar.org/docs/BidenOnGenderNeutralVAWA_HCN_06.02.05.pdf

[4] 146 Cong. Rec. S10,188, S10,193 (2000).

[5]https://www.usatoday.com/story/opinion/voices/2021/04/08/joni-ernst-violence-against-women-act-reauthorization-democrats-column/7124333002/

[6]https://www.justice.gov/ovw/page/file/1292636/download

Categories
False Allegations

Conviction for Threatening Sham Sex Suit Against Singer Upheld

Conviction for Threatening Sham Sex Suit Against Singer Upheld

April 13, 2021

Excerpts:

A man sentenced to 70 months’ imprisonment for threatening to file a frivolous sexual assault lawsuit against a well-known singer failed to overturn his conviction for attempted extortion but may be entitled to a reduced sentence, according to a Ninth Circuit opinion issued Tuesday.

Threats of sham litigation can qualify as wrongful conduct punishable as extortion under the Hobbs Act, the U.S. Court of Appeals for the Ninth Circuit ruled. Courts weighing these cases should consider the circumstances surrounding such threats to determine whether the defendant used wrongful means or whether he made the threats in order to obtain property to which he knew he had no legal claim, the court said.

The decision by Judge Bridget S. Bade upholds the conviction of Benjamin Koziol for threatening to bring false sexual assault allegations against a “well-known singer-songwriter” left unnamed by the court. Koziol, whose wife was previously hired as a masseuse by the singer’s manager, threatened to bring falsified charges against the singer unless the singer paid him $1 million, the court said.

Bade said Koziol’s conviction for extortion under the Hobbs Act was valid. The prosecution’s evidence “strongly supports the conclusion that Koziol lied in his claims that the entertainer assaulted him and that he knew he had no lawful claim against the entertainer,” she said….

The case is United States v. Koziol , 9th Cir., No. 19-50018, 4/13/21 .

Source: https://news.bloomberglaw.com/us-law-week/conviction-for-threatening-sham-sex-suit-against-singer-upheld

Categories
Campus Sexual Assault Sexual Harassment Title IX

Tulane U: COVID-19 sidelines sexual misconduct procedures

Tulane U: COVID-19 sidelines sexual misconduct procedures

Lily Mae Lazarus and Sala Thanassi

It is no secret that Tulane Univerity has a systemic sexual violence problem. According to the 2017 Climate Survey, 77% of all student survey respondents report being victims of sexual assault and 71.4% report being subjected to unwanted sexual contact. 75.6% of these perpetrators were Tulane students and 51.8% of the reported instances occurred on campus. This year is no different as “The pandemic did not end sexual violence—or sexual harassment or sexual discrimination—on this campus,” Meredith Smith, Tulane University sexual misconduct response/Title IX coordinator, said. According to the breakdown of student disclosures in the fall of 2020, disclosure rates of sexual misconduct exceeded those from fall 2019 until students were sent home due to COVID-19. These numbers paint a harrowing picture of the failure of Tulane’s conduct system and the inescapable reality of sexual misconduct for students, unchanged since the Climate Survey’s publication and, if anything, overshadowed by COVID-19.

To best understand the priority imbalance between COVID-19 conduct violations and those related to Title IX, an overview of the external legal factors is required. In May of 2020, Title IX statutes around the U.S. changed dramatically. The new regulations redefined what constitutes sexual harassment as “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” Further, the new Title IX issues important changes to the trial process: an individual accused of sexual misconduct has the right to cross-exam their accuser, and universities have the option to use a more difficult standard of proof by requiring “clear and convincing” evidence.

The majority of sexual misconduct reports at Tulane are outside of these newly defined parameters, but the university pledged to treat all sexual misconduct that was previously a violation of Title IX as eligible for an administrative procedure. Tulane also does not opt to use a stricter standard of proof in formal administrative hearings. Instead, to be found in violation of the Tulane University Code of Student Conduct, there must be a preponderance of evidence, or, in layman’s terms, that it is more likely than not a violation occurred.

Regardless of changing statutes, the sexual misconduct epidemic at Tulane has not disappeared and was rather pushed into the shadows and out of the mind of the administration. Since Tulanians’ return to campus this fall, the university has promptly investigated and prosecuted violators of the university’s COVID-19 guidelines. From expulsions, suspensions, fines and administrative threats, Tulane spares no expense regarding the consequences of public health rule flouting.

When it comes to COVID-19 related offenses, a picture of maskless students standing in a group, sent to the conduct office anonymously without context, is taken at face value and serves as sufficient grounds for swift administrative action. In instances of Title IX violations, all parties are subject to an inefficient and traumatizing investigation and trial that, if anything, dissuades future victims from coming forward and allows perpetrators to remain unscathed. The discrepancy in investigation times illustrate a startling reality in which formal conduct investigations, despite being labeled as equally pressing, are not treated with equal importance.

The lack of administrative ferocity surrounding instances of sexual misconduct prior to COVID-19 demonstrates a pattern. According to the Climate Survey, 84% of both male and female respondents claimed Tulane did or would actively support them with formal or informal resources if they reported sexual misconduct. Despite this figure, in 2017, there were only 205 reported cases at Tulane of sexual misconduct and, of that group, only 16 had disciplinary proceedings, and only 8 resulted in disciplinary action. This trend still exists, and few reports of sexual misconduct proceed to formal conduct hearings. Although the Office of University Sexual Misconduct Response and Title IX Administration supports victims to the best of their abilities, the formal conduct system fails them at their weakest hour. This is unacceptable.

This conundrum is not unique to Tulane. In September 2020, New York University’s newspaper published an article regarding the deprioritization of Title IX during COVID-19. Similar to circumstances at Tulane, NYU suspended multiple students for violating COVID-19 guidelines and sent numerous reminders to students surrounding the administration’s willingness to act immediately and aggressively against those flouting the rules. Yet, according to NYU student Nicole Chiarella, NYU’s administration addresses Title IX with a startling nonchalance amidst a pandemic. “NYU’s continual passivity showcases how without a financial incentive — such as the one provided by reopening campus amid a pandemic — sexual assault will remain as a mere administrative afterthought, subsequently harming survivors 
 Its persistent disregard for survivors of sexual assault fosters a toxic campus environment that safeguards the accused and ostracizes the very students NYU claims to protect,” Chiarella said.

At Tulane, students’ email inboxes are constantly filled with reminders from the Office of the Vice President of Student Affairs to be respectful citizens and practice proper COVID-19 protocols, yet the administration remains silent on issues of rape, harassment and nonconsensual sexual behavior. How can a university aggressively combat systemic sexual misconduct when victims and non-victims alike lack procedural transparency, a constant influx of information and a feeling of safety when disclosing their experiences? The simple answer is they cannot.

The American Civil Liberties Union estimates that 95% of campus rapes in the U.S. go unreported. One of the primary reasons students do not come forward is a fear that their institution will not believe them. Although, in theory, Tulane mitigates this difficulty by not adopting scrutinous standards of proof, submitting sexual violence victims to lengthy investigation processes, not applied with the same intensity to COVID-19 related offenses, places an undue burden on procedures claiming to be of equal conditions.

The Code of Student Conduct, in addressing Title IX procedures, promises the university will “promptly and equitably respond to all reports of discrimination and harassment in order to eliminate prohibited conduct, prevent its recurrence, and address its effects on an individual or the community.” Similarly, the Office of Student Conduct, tasked with investigating Title IX and all other conduct violations, claims that the university attempts to conclude their investigations within 60 days of an issuance of the notice of investigation, barring special circumstances. With Tulane hyperfocused on tracking down those guilty of crimes against the COVID-19 guidelines, perpetrators of sexual violence have the luxury of time and administrative apathy, as the conduct system pushes all non-pandemic related issues to the side.

Delays in Title IX cases during the COVID-19 pandemic have numerous adverse effects on survivors. Accused perpetrators are able to use a public health crisis to further restrict victims’ rights access to an education or in some cases to see justice served. Prior to the May 2020 Title IX changes, Title IX complaints were required to be handled in a timely manner. Although Tulane promises this, including provisions for special circumstances allows the conduct system to revise the timeline of Title IX cases at their own discretion.

It is illogical to assume the administration was unaware of the possible COVID-19 delays in sexual misconduct procedures. Tulane had ample time to create an action plan, but the administration chose not to prioritize this pervasive issue. Various organizations published information directed at academic institutions upon the onset of the pandemic, including that “for students who are survivors of sexual assault, navigating resources and reporting may be more challenging due to COVID-19,” The Rape, Abuse & Incest National Network, the nation’s largest anti-sexual violence organization, said. Equal Rights Advocates, in an article counseling schools on how to navigate Title IX hearings during the pandemic, urged universities to move forward with investigations and hearing without unreasonable delays because students have a fundamental right to “a prompt and equitable resolution of sexual misconduct claims.” Further, the article explains that delays in these procedures force survivors to remain traumatized and uncertain, preventing them from finding closure and potentially leading to institutional betrayal.

Rates of sexual misconduct at Tulane are substantially higher than the national average and the pervasiveness of Title IX violations on campus severely diminish students’ feeling of safety and community. That being said, if the Office of Student Conduct promises to “foster a safe and healthy community in which academic success can occur” how can they push Title IX issues to the side which effectively deny victims a right to their education? The administration has shown it can act swiftly to punish violators of COVID-19 guidelines, build temporary outdoor classrooms, and enforce mask and testing mandates. Yet, this enthusiasm disappears when it comes down to tackling the pre-existing and well-documented sexual misconduct problem on campus.

To address the administrative difficulties of addressing sexual misconduct, “Let’s start with admitting that the system is hard, even if it works perfectly, and so to dedicate ourselves to unpack each step and possibility in the investigation and adjudication and put as much care and support as we can into a system that is processing so much pain,” Smith said. Tulane cannot continue to treat cases of sexual misconduct with apprehensiveness and lanquidity; it must address these procedures with the same intensity and order as it does with violations of COVID-19 guidelines.

Source: https://tulanehullabaloo.com/56435/views/opinion-covid-19-sidelines-sexual-misconduct-procedures/