Categories
False Allegations Sexual Assault Sexual Harassment Wrongful Convictions

Recent Exoneration of Joshua Horner, Wrongfully Convicted of Sex Abuse, Spotlights Widespread Problem of False Allegations

PRESS RELEASE

Contact: Rebecca Stewart

Email: info@saveservices.org

Recent Exoneration of Joshua Horner, Wrongfully Convicted of Sex Abuse, Spotlights Widespread Problem of False Allegations

WASHINGTON / September 12, 2018 – This past Monday, Deschutes County Judge Michael Adler overturned a 50-year sentence against Joshua Horner of Redmond, Oregon. Horner had been convicted on April 12, 2017 of sexual abuse of a minor. In the trial, the complainant testified that Horner shot and killed her dog as a warning that she not bring her sexual molestation claim to the police. https://www.opb.org/news/article/redmond-oregon-innocence-project-exonoration-josh-horner/

With the assistance of the Oregon Innocence Project, the dog was recently found alive and well in another city, casting significant doubt on the truthfulness of the accuser. It was the first exoneration for the Oregon Innocence Project, launched in 2014 to exonerate the wrongfully convicted and promote legal reforms.

Horner’s exoneration highlights the problem of false allegations in criminal cases. According to the National Registry of Exonerations, false allegations/perjury are the most common contributing factors for wrongful convictions, representing 57% of all exonerations. False allegations/perjury are especially common in child sex abuse cases (85% of exonerations) and homicide cases (69% of exonerations). http://www.law.umich.edu/special/exoneration/Pages/ExonerationsContribFactorsByCrime.aspx

Nearly one in 10 persons – 9.7% — of respondents to a national survey said they had been falsely accused of sexual assault, domestic violence, or child abuse. Three-quarters of persons claiming to be falsely accused were male. http://www.saveservices.org/dv/falsely-accused/survey/

On college campuses, false allegations of sexual misconduct are believed to be commonplace. In over 100 lawsuits against universities, judges have sided with the accused student. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0 At one university, the training materials openly justify false allegations of sexual assault, claiming that verified “lies” of accusers “should be considered a side effect of an assault.” https://www.thecollegefix.com/post/47631/

False allegations are not a victimless crime. Nikki Yovino, 18, was recently convicted and sentenced to one year in jail for false reporting of an alleged campus rape in Connecticut. At the sentencing hearing, Malik St. Hilaire, victim of her false accusation, explained, “I went from being a college student, to sitting at home being expelled with no way to clear my name.”

September is False Allegations Awareness Month. http://www.saveservices.org/camp/faam-2018/

 

Stop Abusive and Violent Environments works to end sexual assault and domestic violence.

Categories
Campus Due Process

PR: Most Americans Want Due Process on Campus, Despite Protests

Contact: Rebecca Stewart

Email: info@saveservices.org

Most Americans Want Due Process on Campus, Despite Protests

WASHINGTON / September 4, 2018 – Last week the New York Times leaked information about a sex discrimination regulation that the federal Department of Education is expected to issue this Fall. In response, campus activists assailed the policy as “downright cruel” and “willfully ignorant.” (1)

These statements contrast with the views of most Americans. According to a 2017 survey of 1,200 persons conducted by YouGov, persons overwhelmingly agree that students accused of a felony level crime should be afforded due process (2):

— A full 81% of respondents said the accused should have the right to know the charges against him.

— 71% of persons polled said accused students should be sanctioned under the “clear and convincing” standard of evidence.

— 61% said accused students should have the right to cross-examine their accusers.

— 67% agreed that students accused of crimes on campus should enjoy the same legal protections that would receive in a court of law.

These findings held across the entire political spectrum. For example, 58% of Democrats, 70% of Republicans, and 60% of Independents agreed that accused students should have the right to cross-examine their accusers.

Due process procedures serve to ascertain the truthfulness of an alleged sexual offense. The importance of these procedures was evident in the recent case of Nikki Yovino, former student at Sacred Heart University, who was convicted of falsely accusing two men of rape. On August 23, Yovino was sentenced to serve one year in jail (3).

SAVE’s Campus Equality, Fairness, and Transparency Act outlines a series of procedures designed to maximize fairness for both accusers and the accused (4). To date, the editorial boards of the New York Daily News and the Detroit News, as well as numerous commentators, have written editorials in support of bolstering campus due process protections (5).

Citations:

  1. http://endrapeoncampus.org/new-blog/2018/8/29/statement-on-new-york-times-reports-on-proposed-title-ix-guidance
  1. http://bipp.blogs.bucknell.edu/files/2017/09/BIPP-Higher-Ed-Toplines.pdf
  2. https://www.ctpost.com/news/article/Yovino-sentenced-to-1-year-in-false-rape-case-13177363.php
  3. http://www.saveservices.org/sexual-assault/cefta/
  4. http://www.saveservices.org/2018/09/media-reports-call-to-restore-due-process-on-campus/

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to campus sexual assault: www.saveservices.org

Categories
Campus Sexual Assault

Responding to Judicial Scoldings, State Legislators Seek to Rein in Campus ‘Kangaroo Courts’

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Responding to Judicial Scoldings, State Legislators Seek to Rein in Campus ‘Kangaroo Courts’

WASHINGTON / August 13, 2018 – The movement to restore due process in campus sexual assault cases is gaining momentum, as lawmakers in several states have worked to restore due process and fairness in campus sexual assault proceedings. The trend began with California Governor Jerry Brown’s 2017 veto of a bill that would have solidified a number of anti-due process policies on campus. The trend is now being propelled by a surge of lawsuits by accused students against universities and colleges.

“In a stunning collective judicial rebuke to many campuses’ unfair treatment of students accused of sexual misconduct, courts have issued at least 102 rulings against universities since 2011, compared with 88 rulings in their favor,” notes a recent report (1). Many of the decisions were written using pointed  language that was strongly critical of the university policies procedures. In 46 other cases, colleges have opted to settle the lawsuit prior to a judicial decision, rather than pursue expensive and potentially embarrassing litigation (2).

In two states, pro-due process bills have been introduced in 2018, but not enacted into law:

In South Carolina, House Bill 3303 would provide students with reasonable notice, a presumption of non-responsibility for the accused, the right to have an attorney who can participate in proceedings, and impartial fact-finders (3).

In Ohio, public colleges would be required to develop sexual-misconduct policies “with the goal of enhancing due process,” under a bill that has passed the House and moved to the Senate (4).

In Maryland, lawmakers took up Senate Bill 607, which required disciplinary proceedings to include a description of the rights for students and specified that an institution may not prevent a student from retaining an attorney. The bill passed both the Senate and House with strong bipartisan support (5).

In three other states, bills that erode due process protections have been sidelined:

In Massachusetts, the Democratic-controlled House of Representatives declined to take action on H.632, which had been previously passed by the state’s Senate. Critics of H.632 highlighted the flaws of trauma-informed training for investigators, a provision that had been derided as “junk science.” (6)

In Colorado, House Bill 18-1391 was approved in the House. But the bill failed to include sufficient due process protections, so the bill it was significantly amended in the Senate, resulting in the bill’s postponement (7).

In West Virginia, House Bill 2825, a bill that would have mandated problematic “affirmative consent” polices at the state’s colleges, was not voted upon prior to adjournment of the legislative session (8).

A summary of the current status of the campus sexual assault bills introduced in 2018 is available on the SAVE website (9).

Citations:

  1. https://regproject.org/wp-content/uploads/RTP-Race-Sex-Working-Group-Paper-Campus-Misconduct-Proceedings.pdfpage 4.
  2. https://docs.google.com/spreadsheets/d/1xPUcbL-JaNQqQMt1lszncDbVhwHt92eLaDPfuzEywtA/edit#gid=0
  3. https://www.scstatehouse.gov/sess122_2017-2018/bills/3303.htm
  4. https://legiscan.com/MD/bill/SB607/2018
  5. https://www.thecollegefix.com/post/47140/
  6. https://www.thecollegefix.com/post/39099/
  7. https://leg.colorado.gov/bills/hb18-1391
  8. http://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2825&year=2017&sessiontype=RS
  9. http://www.saveservices.org/sexual-assault/state-legislation/

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to domestic violence and campus sexual assault: www.saveservices.org

Categories
Believe the Victim

PR: Legal Experts and Professors Join Forces, Endorse Letter Opposing Biased Investigation Practices

Telephone: 301-801-0608

Email: info@saveservices.org

Legal Experts and Professors Join Forces, Endorse Letter Opposing Biased Investigation Practices

WASHINGTON / July 23, 2018 – Over 150 criminal attorneys, law professors, and scholars across the country who are concerned about widespread bias in sexual assault investigations have signed an Open Letter denouncing inequitable and unfair “victim-centered” investigative practices.

The letter concludes, “By their very name, their ideology, and the methods they foster, ‘believe the victim’ concepts presume the guilt of an accused. This is the antithesis of the most rudimentary notions of justice. In directing investigators to corroborate allegations, ignore reporting inconsistencies, and undermine defenses, the ‘believe the victim’ movement threatens to subvert constitutionally-rooted due process protections.”

Many of the victim-centered practices discussed in the Letter have become widely utilized by college administrators, drawing the ire of judges in both state and federal courts. “[I]n a stunning collective judicial rebuke to many campuses’ unfair treatment of students accused of sexual misconduct, courts have issued at least 102 rulings against universities since 2011 compared with 88 rulings in their favor.” (1)

Victim-centered practices, sometimes referred to as “Start by Believing,” are becoming widespread in the criminal justice system, as well (2). In 2016 an Arizona governor’s commission issued a letter advising the state’s criminal justice agencies to reject “Start by Believing” investigative methods because their use “creates the possibility of real or perceived confirmation bias.” (3)

These legitimate concerns have already manifest in actual cases. (4) Defense attorneys will likely begin to expose the biased training to the fact finders.  As for institutions of higher education, journalist Emily Yoffee suggests that faculty members “should also model for their students how an open society functions, and how necessary it is to protect the civil liberties of everyone.” (5)

The Open Letter is available at http://www.saveservices.org/wp-content/uploads/VCI-Open-Letter-7.20.18.pdf.  For a list of the 20 editorials published in 2018 critical of the ‘believe the victim’ approach, visit http://www.saveservices.org/sexual-assault/investigations/.

Citations:

(1) https://regproject.org/wp-content/uploads/RTP-Race-Sex-Working-Group-Paper-Campus-Misconduct-Proceedings.pdf

(2) http://dailycaller.com/2018/06/07/start-by-believing-program/

(3) http://www.phoenixnewtimes.com/news/duceys-faith-office-assails-start-by-believing-advocacy-program-for-rape-victims-8896373

(4) https://newsinteractive.post-gazette.com/blog/lies-jail-and-false-charges/ & https://blog.simplejustice.us/2018/03/16/no-reason-to-investigate-if-you-believe-the-victim/

(5) https://www.theatlantic.com/education/archive/2017/09/the-uncomfortable-truth-about-campus-rape-policy/538974/

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to domestic violence and campus sexual assault: www.saveservices.org

Categories
Campus

100 Decisions and Counting: Disregard of Due Process in Sex Cases is Costing Colleges Millions

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

100 Decisions and Counting: Disregard of Due Process in Sex Cases is Costing Colleges Millions

WASHINGTON / June 12, 2018 – Last Friday the First Circuit Court of Appeals issued a unanimous due process ruling against Boston College. The judges upheld a student’s claim that the school failed in its “obligation to provide a fundamentally fair disciplinary process to Doe,” who had been accused of sexually assaulting another student (1).

The lawsuit demanded expungement of the proceedings from the accused student’s record and over $3 million in compensatory damages (2). The milestone decision marks the 100th judicial decision in favor of students accused of sexual assault who later sued their college (3).

In 2011 the Office for Civil Rights issued a new policy on campus sexual assault that removed numerous due process protections for accused students (4). At many colleges, so-called “victim-centered” investigative procedures were instituted and poorly trained investigators began to play a lead role in the adjudication process, creating new liability risks for colleges (5).

Accused students who had been suspended or expelled began to sue. By 2015, the number of lawsuits by accused students surged more than five-fold over the 2011 level (6).

These lawsuits have proven to be costly in terms of legal defense fees and damages. Over a five-year period, total losses approached $9 million at the approximately 1,000 universities insured by  the United Educators insurance company. The average loss per claim was $187,000, of which $132,000 was for defense costs, according to a 2017 report (7).

These expenses are likely to increase in the future. On March 9, 2018 a former student filed a $25 million claim against Vanderbilt University, alleging he was denied a meaningful standard of due process and equal protection (8).

The current system was recently described by New York Times columnist Michael Powell as a “broken process” that “flipped fundamental concepts of fairness.” (9) SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (10).

Citations:

  1. http://media.ca1.uscourts.gov/pdf.opinions/16-2290P-01A.pdf
  2. https://www.thecollegefix.com/post/45688/
  3. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  4. http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html
  5. http://www.saveservices.org/wp-content/uploads/Victim-Centered-Investigations-and-Liability-Risk.pdf
  6. http://www.saveservices.org/wp-content/uploads/Six-Year-Experiment-Fails-to-Make-the-Grade.pdf
  7. https://www.canopyprograms.org/resources/
  8. http://vanderbilthustler.com/campus/vanderbilt-faces-25-million-lawsuit-brought-by-student-expelled-on-sexual-assault-allegations.html
  9. https://www.nytimes.com/2018/05/30/sports/keith-mumphery-michigan-state.html#click=https://t.co/ZfeNy3cwcB
  10. http://www.saveservices.org/sexual-assault/cefta/

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to sexual assault and domestic violence: www.saveservices.org

Categories
Campus Due Process

PR: Effort to Restore Due Process on Campus Gains Traction

Contact: Christopher Perry

Telephone: 301-801-0608

Email: cperry-at-saveservices.org

Sexual Assault: Effort to Restore Due Process on Campus Gains Traction

WASHINGTON / May 14, 2018 – Over the past seven months, leading liberal and conservative voices have worked to restore due process and fairness in campus sexual assault policies. Such initiatives reveal a growing trend being supported by lawmakers on both sides of the aisle.

Last September, Betsy DeVos, Republican Secretary of the U.S. Department of Education, rescinded the 2011 Dear Colleague Letter, a policy that was widely viewed as infringing on fundamental due process rights of accused students (1).  The following month, Democrat Jerry Brown, governor of California, vetoed a bill that would have imposed many of the Department of Education’s anti-due process requirements on California universities (2).

Likewise in Massachusetts, the Democratic-controlled House of Representatives declined to take action on H.632, which had been previously passed by the state’s Senate. Critics of H.632 highlighted the flaws of trauma-informed training for investigators and adjudicators, a provision that had been derided as “junk science.” (3)

The pro-due process trend gathered momentum in 2018, as Supreme Court Justice Ruth Bader Ginsberg offered this commentary: “The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. …There’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenets of our system, as you know, everyone deserves a fair hearing.” (4)

In Maryland, lawmakers took up Senate Bill 607, which required disciplinary proceedings to include a description of the rights for students and specified that an institution may not prevent a student from retaining an attorney. The bill recently passed both the Maryland Senate and House with strong bipartisan support (5).

In Colorado, House Bill 18-1391 was approved in the House. But because it failed to include sufficient due process protections, the bill it was significantly amended by Republicans in the Senate, resulting in the bill’s indefinite postponement (6).

In West Virginia, House Bill 2825, a bill that would have mandated worrisome “affirmative consent” polices at the state’s colleges, was not voted upon prior to adjournment of the state legislature (7).

In Mississippi, House Bill 1438, which was devoid of adequate due process protections, died in the Senate Judiciary Committee (8).

The editorial boards of two liberal-leaning newspapers likewise have called on colleges to involve criminal justice officials to investigate felony-level crimes. In January, the Detroit News opined, “Federal, state and campus policy regarding sexual assault should change to treat it as the serious crime it is, and assure that it is probed by experienced, professional investigators independent of the university.” (9) Last month, the St. Louis Post-Dispatch board issued a similar plea: “The pain lives on at universities whenever sex-abuse cases are handled quietly in-house rather than by competent legal authorities.” (10)

A summary of the current status of the state-level sexual assault bills introduced in 2018 is available on the SAVE website (11). In Congress, both Republican and Democratic lawmakers have spoken out on the need for due process and to strengthen the role of the criminal justice system (12).

SAVE urges state and federal lawmakers to recognize the growing trend for impartial and fair proceedings in campus sexual assault cases.  SAVE offers a model bill titled the Campus Equality, Fairness, and Transparency Act (13).

Citations:

  1. https://www.ed.gov/news/press-releases/department-education-issues-new-interim-guidance-campus-sexual-misconduct
  2. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/10/16/california-gov-jerry-brown-vetoes-proposal-to-codify-federal-regulations-on-campus-sexual-harassment/?utm_term=.9d0d588c4798
  3. https://www.thecollegefix.com/post/39099/
  4. https://www.theatlantic.com/politics/archive/2018/02/ruth-bader-ginsburg-opens-up-about-metoo-voting-rights-and-millenials/553409/
  5. https://legiscan.com/MD/bill/SB607/2018
  6. https://leg.colorado.gov/bills/hb18-1391
  7. http://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2825&year=2017&sessiontype=RS
  8. http://billstatus.ls.state.ms.us/2018/pdf/history/HB/HB1438.xml
  9. https://www.detroitnews.com/story/opinion/editorials/2018/01/20/campus-rape-editorial-michigan-state-nassar/109650888/
  10. http://www.stltoday.com/opinion/editorial/editorial-court-of-law-not-a-campus-adjudication-panel-is/article_c9660e70-e8c9-51e4-a7a9-dbec9fa2cf1f.html
  11.  http://www.saveservices.org/sexual-assault/state-legislation/
  12. http://www.saveservices.org/sexual-assault/lawmakers/
  13. http://www.saveservices.org/sexual-assault/cefta/

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to domestic violence and campus sexual assault: www.saveservices.org

Categories
Uncategorized

“Trauma-Informed” and its Orwellian Perversion

Maarten van Swaay

The phrase ‘trauma-informed’ has a worthy provenance;  it has been used for quite some time to describe approaches used to improve communication with children who had suffered from known traumatic events, such as accidents, fire, death of family members, divorce, etc. Such children may withdraw into a shell, possibly to protect themselves from further trauma. Encouraging them to come out of that shell can be very beneficial.

But that is far removed from the current advice to be trauma-informed in the investigation of alleged sexual assault in all the forms for which the term is used today. In that context the aim is not to draw a traumatized person out of her (or his) shell:  the aim is to gain evidence that trauma was indeed inflicted. Thus the phrase ‘trauma-informed investigation’ is fatally flawed:  it insinuates the very infliction that the investigation is supposed to confirm or find false. Not only that, the presumption of (inflicted) trauma implies a victim on whom the trauma was inflicted. Moreover, these insinuations are planted before any investigation is begun – that makes them very resistant, or possibly even immune, to challenge. Finally, and most invidiously, the approach is designed, not to find facts, but to find a perpetrator, and punish him.

A recent article by Ms. Mangan (1)  refers to an event — understandably with a paucity of detail — for which police declined to press charges, for lack of evidence. The article notes that subsequently a panel from Georgia University – ‘trained in the neurobiological effects of trauma’ reached a different conclusion. What that conclusion was, the article does not say, but it notes that ‘the university scheduled a hearing, and the student accused of assault agreed to leave the institution’.  Here the narrative becomes disturbingly vague:  what conclusion did the Georgia panel reach, and why did the ‘accused’ student leave? The article is silent on both questions, but quite effective at suggesting how readers should answer them.

Similarly disturbing questions arise from a reading of an item far removed from the Chronicle.  In 2016, an organization named the Association of Title IX Administrators (ATIXA) published a White Paper under the title “The Seven Deadly Sins of Title IX Investigations” (2).  The writers were careful to place occasional laudable phrases in the text, but those do not hide some seriously biased presumptions:  “If they made what you think was a poor decision, they’re probably already thinking the same thing. That sense of self-blame won’t help you uncover the real facts, and you should try to help them past it. People can make poor choices and still be victimized.” One wonders what those ‘real facts’ are, and how they might be discovered in any ‘he said – she said’ event.  Granted, it may be understandable that administrators charged with dealing with fraught situations will try to make themselves appear capable and indispensable.  But integrity is an unforgiving taskmaster.

Elsewhere in the ‘Seven Deadly Sins’ one can read: “Similarly, a sound investigation must actively gather and accumulate information to tell a story.”  Do the authors advocate writing a story, or compiling a factual report?

In her article, Ms. Mangan refers to two persons she clearly regards as experts, Mr. Jim Hopper, and Ms. Kimberly Lonsway. At first sight, the credentials of Mr. Hopper appear reassuring, if not impressive. Mr. Hopper teaches at Harvard Medical School and presents himself as an expert on psychological trauma who travels the country training campus officials and others in how to conduct trauma-informed investigations.  But the CV maintained by Mr. Hopper (3) reveals some telling aspects. Mr. Hopper earned a PhD. in clinical psychology in 1997, and has held a string of appointments in various teaching institutions, with his current affiliation with Harvard Medical School dating from 2006.  None of these appear to be, or to have been, faculty or tenure-track appointments. Nor do they appear to be focused on research. Then comes a long list of lectures, presentations, and training sessions, the titles of which are curiously monotonous.  Mr. Hopper appears to spend much of his time expounding his views on invitation, but does not reveal much participation in professional meetings that foster evaluation and challenge. Thus it appears that Mr. Hopper gives himself little opportunity to offer his views for analysis and criticism.

Furthermore, the model presented by Mr. Hopper has been carefully scrutinized by Ms. Emily Yoffe (4), and a response by Mr. Hopper to that critique (5) is considerably less persuasive than what Ms. Yoffe writes.

Then what is the model that Mr. Hopper so eagerly advocates?  It rests on claims that traumatic experiences can (and do) release several brain hormones, and that those hormones can have wide-ranging effects, such as garbled and incomplete memories, ‘freezing’, and others.  The release of brain hormones can be experimentally demonstrated, but what they do is still difficult to study.  Moreover, Ms. Yoffe notes that many of the claims made by Mr. Hopper are at odds with other neurobiological observations.  Ultimately, what Mr. Hopper advocates may be summarized by a short statement:  if the ‘victim’ can present a lucid account, that makes that account credible.  If the ‘victim’ cannot present a lucid account, that failure is itself evidence for inflicted trauma.

When Mr. Hopper was asked to respond to the open letter presented by SAVE early in February 2018 (6) he commented that the letter was ‘misleading and unfortunate’.  But he did not find it necessary to explain in what sense the letter was misleading;  one would expect a trauma expert to stand ready to deliver more than ‘unfortunate polarization’ as the grounds for his casual dismissal.

Mr. Hopper does have eager followers. Not only is he invited all over the country by police and academic campuses:  Ms. Lonsway gushes that:  “What’s new is that now, we understand the neurobiology behind it” (7). Ms. Lonsway earned her PhD. (8) with a thesis on the effectiveness of police interrogations; it is not clear how that would give her standing to judge the neurobiology and neuropsychology claimed to support the model of Mr. Hopper.

There are more than a few troubling similarities between the activities of Mr. Hopper and pediatric nurse Susan Kelley, who played a key role in the child abuse drama at Fells Acres some thirty years ago (9).  Ms. Kelly was a major interrogator of the children who had been at the Fells Acres school. As she describes her approach, a child who fails to deliver what the interrogator wants to hear is ‘not yet ready to disclose’.  In other words, only those statements that are acceptable to the interrogator are accepted and admitted into the record.  The Fells Acres affair, and several similar cases, are described in a book by Dorothy Rabinowitz:  No Crueler Tyrannies;  she earned a Pulitzer prize for her reports in the Wall Street Journal on those cases (10).  Among those tyrannies was the imprisonment of Gerald Amirault for 18 years (11), before he  was released.   Almost all the other convictions described by Ms. Rabinowitz were vacated.  Of course none of the children were ever imprisoned, but it is fair to say that most, if not all, of them suffered severe and persistent trauma from the false memories implanted in them.

Ms. Kelley, and others like her, became known as people ‘who could get a conviction’.  Mr. Hopper, and those who are in thrall to him, appear to aim to earn the same dubious reputation, by subverting a benign-sounding phrase into a wiccan-hunt, with little regard for justice or for the Constitution.

Maarten van Swaay retired in 1995 from Kansas State University as Professor Emeritus, after serving for 32 years in the departments of chemistry and computer science.  In the latter department he developed and managed a course in ethics for more than a decade.  He can be reached at vanswaay@ksu.edu.

Citations:

1:  Chronicle of Higher Education, “Trauma Informed” Approaches to Sex Assault Are Catching On. They’re Also Facing a Backlash.

By Katherine Mangan. April 05, 2018.  https://www.chronicle.com/article/Trauma-Informed-/243049

2:  ATIXA:  The 7 Deadly Sins of Title IX Investigations:  2016 White Paper. https://atixa.org/wordpress/wp-content/uploads/2012/01/7-Deadly-Sins_Short_with-Teaser_Reduced-Size.pdf

3:  James W. Hopper, Ph.D.:  Curriculum Vitae. https://www.jimhopper.com/pdf/DrJimHopperCV.pdf

4:  The Atlantic:  The Bad Science Behind Campus Response to Sexual Assault, By Emily Yoffe, September 8, 2017. https://www.theatlantic.com/education/archive/2017/09/the-bad-science-behind-campus-response-to-sexual-assault/539211/

5:  Jim Hopper, Ph.D.,  Sexual Assault and Neuroscience:  Alarmist Claims vs. Facts. Psychology Today, January 22,2018. https://www.psychologytoday.com/us/blog/sexual-assault-and-the-brain/201801/sexual-assault-and-neuroscience-alarmist-claims-vs-facts

6:  SAVE:  Open Letter Regarding Inequitable Victim-Centered Practices,  February 7, 2018. http://www.saveservices.org/wp-content/uploads/Victim-Centered-Practices-Open-Letter-FINAL.docx.pdf

7:  Ms. Lonsway, as quoted by Ms. Mangan: “We’ve always known that victims often have certain problems with their statements. They aren’t chronological. They aren’t linear. What’s new is that now, we understand the neurobiology behind it.”

8:  Kimberly A. Lonsway, Ph.D. Curriculum Vitae. https://kimlonsway.files.wordpress.com/2017/10/lonsway-cv-10-24-17.pdf

9:  Dorothy Rabinowitz:  No Crueler Tyrannies:  Accusation, False Witness, and Other Terrors of Our Times, March 2, 2004, ISBN 978-0-7432-2840-4

10:  Ms. Dorothy Rabinowitz is awarded the Pulitzer for Commentary (2001). http://www.pulitzer.org/prize-winners-by-year/2001

11:  Gerald Amirault record. https://en.wikipedia.org/wiki/Gerald_Amirault

Categories
Campus Press Release Sexual Assault

PR: 23 Cornell Law Profs Support Suspended Student in Sexual Assault Appeal

Telephone: 301-801-0608

Email: info@saveservices.org

23 Cornell Law Profs Support Suspended Student in Sexual Assault Appeal

WASHINGTON / April 3, 2018 – Twenty-three Cornell Law School professors have requested to file an Amicus Brief in support of a student who was accused of campus sexual assault and later suspended. The Cornell statement is the fourth statement from law professors calling for the restoration of due process rights on campus.

Two Cornell students had a sexual encounter in August of 2016. The woman filed a complaint, claiming she had consumed too much alcohol to give valid consent. The university panel later recommended that the male student, “John Doe,” be suspended for two years. The student has now appealed the suspension to the Appellate Division of the New York State Supreme Court, which is the intermediary appeals court in that state.

The crux of the appeal is the right of a student to cross-examine his accuser. The male student submitted a series of questions to the university panel to be answered by the woman. But Cornell refused to forward any of the questions, thereby negating the student’s right to cross-examination.

The professors’ Statement of Interest notes, “we have an interest in ensuring that Cornell’s procedures are interpreted properly and applied fairly and faithfully. And, as is explained below, we believe that in this case, a Cornell disciplinary hearing panel failed to comply with an important procedural safeguard clearly set out in Cornell’s Title IX policy – the right of an accused student to have a disciplinary hearing panel conduct inquiry of his accuser about proper topics that he proposed.” (1)

The Cornell professors’ Motion to File Amicus Brief is the fourth public statement by law professors in support of due process in campus sexual assault cases. The other letters were filed by law professors from Harvard Law School (2), University of Pennsylvania (3), and from other universities (4).

In 86 cases, judges have ruled in favor of accused students who have filed lawsuits against their universities (5). SAVE anticipates that professors from other law schools will offer statements in support of campus due process.

Citations:

  1. https://legalinsurrection.com/2018/04/23-cornell-law-profs-support-suspended-male-student-in-title-ix-court-appeal/
  2. https://www.bostonglobe.com/opinion/2014/10/14/rethink-harvard-sexual-harassment-policy/HFDDiZN7nU2UwuUuWMnqbM/story.html
  3. http://media.philly.com/documents/OpenLetter.pdf
  4. http://www.saveservices.org/wp-content/uploads/Law-Professor-Open-Letter-May-16-2016.pdf
  5. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0

SAVE — Stop Abusive and Violent Environments — is working for effective and fair solutions to campus sexual assault: www.saveservices.org

Categories
Campus Due Process Sexual Assault

PR: Supreme Court Justice Ginsburg, Joined by Dozens of Federal and State Judges, Calls for Due Process in Campus Sex Proceedings

Telephone: 301-801-0608

Email: info@saveservices.org

Supreme Court Justice Ginsburg, Joined by Dozens of Federal and State Judges, Calls for Due Process in Campus Sex Proceedings

WASHINGTON / February 20, 2018 – In a recent interview for The Atlantic, Supreme Court Justice Ruth Bader Ginsburg affirmed the need for due process in campus sexual assault proceedings. In addition, Ginsburg clarified that due process protections are not incompatible with aspirations for gender equality.

Asked, “What about due process for the accused?”, Ginsburg gave this reply: “Well, that must not be ignored and it goes beyond sexual harassment. The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenets of our system, as you know, everyone deserves a fair hearing.” [emphasis added]

When the interviewer sought clarification whether “some of those criticisms of the college codes valid?”, Ginsburg provided this unequivocal answer: “Do I think they are? Yes.”

Queried about her thoughts how to balance the values of due process against the principle of sex equality, Ginsburg explained, “It’s not one or the other. It’s both. We have a system of justice where people who are accused get due process, so it’s just applying to this field what we have applied generally.”

Ginsburg’s sentiments on this issue have been echoed in recent rulings issued by dozens of federal and state judges.

Since 2012, over 200 lawsuits by students accused of sexual assault have been filed against colleges and universities. The SAVE report, Lawsuits Against Universities for Alleged Mishandling of Sexual Misconduct Cases, documents that in a majority of cases, judges have ruled in favor of the accused students (1). To date, 79 of these lawsuits have resulted in decisions by state and federal judges against the defendant university (2).

Justice Ginsburg’s comments were published in the February 15, 2018 edition of The Atlantic (3).

Citations:

  1. http://www.saveservices.org/wp-content/uploads/Sexual-Misconduct-Lawsuits-Report2.pdf
  2. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  3. https://www.theatlantic.com/politics/archive/2018/02/ruth-bader-ginsburg-opens-up-about-metoo-voting-rights-and-millenials/553409/

SAVE (Stop Abusive and Violent Environments) is working for effective and fair solutions to sexual assault, sexual harassment, and domestic violence: www.saveservices.org

Categories
Believe the Victim Campus Sexual Assault

Professors and Legal Experts Call for End to Guilt-Presuming ‘Victim-Centered’ Investigations

Telephone: 301-801-0608

Email: info@saveservices.org

Professors and Legal Experts Call for End to Guilt-Presuming ‘Victim-Centered’ Investigations

WASHINGTON / February 7, 2018 – Today 137 professors and legal experts are releasing an Open Letter that calls on college administrators, lawmakers, criminal justice agencies, and others to promptly end the use of so-called “victim-centered” investigations. Such investigations are fundamentally flawed because they presume the guilt of the accused. The professors come from leading colleges and universities around the country.

The letter traces the source of the “victim-centered” approach to the early 1990s when advocates began to call for “swift and unquestioning judgments about the facts of [sexual] harassment without standard evidentiary procedures with the chant ‘always believe the victim.’”

According to a Human Rights Watch report, a “victim-centered” approach means the investigator assumes “all sexual assault cases are valid unless established otherwise by investigative findings.” The University of Texas School of Social Work’s Blueprint for Campus Police instructs investigators to anticipate legal defense strategies and urges that complainant inconsistencies be covered over by not recording a “detailed account of prior interview statements.” (1)

The Open Letter concludes, “By their very name, their ideology, and the methods they foster, ‘believe the victim’ concepts presume the guilt of an accused. This is the antithesis of the most rudimentary notions of justice. In directing investigators to corroborate allegations, ignore reporting inconsistencies, and undermine defenses, the ‘believe the victim’ movement threatens to subvert constitutionally-rooted due process protections.”

The use of biased victim-centered investigations on campus has given rise to numerous lawsuits by accused students alleging biased collection of evidence (2). In many cases, the judge has issued a ruling in favor of the accused student (3).

Victim-centered practices, sometimes referred to as “Start by Believing,” are becoming widespread in the criminal justice system, as well (4). In 2016 an Arizona governor’s commission issued a letter advising the state’s criminal justice agencies to reject “Start by Believing” investigative methods because their use “creates the possibility of real or perceived confirmation bias.” (5)

More information about “victim-centered” investigations is available (6). The Open Letter can be viewed online (7).

Citations:

  1. http://www.saveservices.org/wp-content/uploads/SAVE-Believe-the-Victim.pdf
  2. http://www.saveservices.org/wp-content/uploads/Victim-Centered-Investigations-and-Liability-Risk.pdf
  3. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  4. http://dailycaller.com/2018/01/13/start-by-believing-investigations-are-a-multimillion-dollar-threat-to-justice/
  5. http://www.phoenixnewtimes.com/news/duceys-faith-office-assails-start-by-believing-advocacy-program-for-rape-victims-8896373
  6. http://www.saveservices.org/sexual-assault/investigations/
  7. http://www.saveservices.org/wp-content/uploads/Victim-Centered-Practices-Open-Letter-FINAL.docx.pdf

SAVE (Stop Abusive and Violent Environments) is working for effective and fair solutions to sexual assault, sexual harassment, and domestic violence: www.saveservices.org