Categories
Civil Rights Department of Education Due Process False Allegations Free Speech Gender Agenda Office for Civil Rights Title IX

68 Groups Endorse Appropriations Plan to Trim Controversial Title IX Provisions from Department of Education

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

68 Groups Endorse Appropriations Plan to Trim Controversial Title IX Provisions from Department of Education

WASHINGTON / July 25, 2023 – A coalition of 68 organizations is sending a letter today to House Speaker Kevin McCarthy that endorses important provisions related to the federal Department of Education, as enumerated in the FY2024 Appropriations Bill for Labor-HHS-Education.

The 68 organizations are all members of the Title IX Network, which was formed in July 2022 in opposition to the Biden administration’s proposed Title IX regulations (1).

The Department of Education’s proposed Title IX regulations, which are scheduled to be released in October, would change the definition of “sex” to include “gender Identity.”  The proposed regulations also would harm women’s sports, promote gender transitioning among young children without parental consent, infringe on free speech, and remove due process protections for men who have been falsely accused.

As explained in the letter, the 68 organizations support key provisions that were approved by the House Appropriations sub-committee in its FY2024 Appropriations bill (2):

  1. Section 244: Prohibits the implementation of Biden’s Executive Order on “Gender Identity or Sexual Orientation.”
  2. Section 311: Prohibits the Department of Education from implementing the proposed Title IX regulations that were issued in July of 2022 and in April of 2023.
  3. Section 312: Protects religious liberty in schools.
  4. Section 534: Prohibits the use of federal funds for hormone therapy or surgical treatment for “gender affirming care.”
  5. Section 535: Prohibits the implementation of any other “diversity, equity, inclusion office, program, or training.”

We urge the House of Representatives to retain all five of these Sections, keep the strong language used in these Sections, and bring the FY2024 Appropriations Bill for Labor-HHS-Education for a prompt floor vote.

The entire coalition letter can be viewed online (3).

Links:

  1. https://www.saveservices.org/2022-policy/
  2. https://appropriations.house.gov/subcommittees/labor-health-and-human-services-education-118th-congress
  3. https://www.saveservices.org/wp-content/uploads/2023/07/7.25.23-Coalition-letter-Appropriations.pdf
Categories
California Civil Rights Department of Education Due Process False Allegations Feminism Office for Civil Rights Press Release Title IX Training

Broken on Campus: High-Profile Failures Reveal Title IX Offices are in Desperate Need of Reform

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Broken on Campus: High-Profile Failures Reveal Title IX Offices are in Desperate Need of Reform

WASHINGTON / July 24, 2023 – Three recent reports reveal widespread oversights and failures at university offices that were established to assure compliance with Title IX, the federal law enacted to stop sex discrimination in schools. The problems with Title IX are being seen throughout the country at institutions large and small, private and public, in three areas:

  1. Discrimination against Male Students: A recent article in the Chronicle of Higher Education reveals the existence of a broad array of scholarships, leadership development programs, awards, and summer camps that illegally exclude male students. The article notes that economist Mark Perry has filed hundreds of anti-discrimination complaints with the federal Office for Civil Rights, alleging more than 2,000 violations of federal antidiscrimination law by more than 750 colleges in virtually every state around the country (1).
  2. Due Process: To date, 265 judicial decisions have been handed down (2) against colleges for sex discrimination (3), lack of due process, and other similar violations. One of the most notable decisions was rendered on June 27 when the Connecticut Supreme Court unanimously ruled in favor of student Saif Khan, who had been falsely accused of sexual assault. The Court singled out numerous due process deficiencies in the school’s Title IX procedures, including the fact that Yale “failed to establish an adequate record of the proceedings.” (4)
  3. Handling of Sexual Harassment Complaints: A new report reveals a constellation of failures at California State University, the nation’s largest four-year public university. The report documents the lack of a coordinated approach across the 23-campus system, resulting in sexual misconduct complaints being ignored, mishandled, or falling through the cracks. The report deplores the lack of a “consistent formal process for reporting, resolving, documenting, or tracking” of complaints, and makes numerous recommendations for improvement (5).

Part of the problem can be traced to a lack of legal expertise among Title IX coordinators. According to the Association of Title IX Administrators, the leading trade organization for Title IX coordinators, fewer than one in four coordinators have a Juris Doctor degree (6).  Another analysis revealed a pro-feminist, anti-male bias among many Title IX coordinators (7).

In addition, the Association of Title IX Administrators has a well-documented history of seeking to roll back on Fourteenth Amendment-based due process protections for the accused (8). Last year, a lawsuit was filed against ATIXA president Brett Sokolow for allegedly using company funds for personal purposes and defrauding clients (9).

All of these facts point to a pervasive lack of impartiality, professionalism, and legal expertise in the Title IX field. One might reasonably conclude that these problems need to be addressed before any efforts are make to widen the scope of the Title IX law or increase the duties of Title IX coordinators.

And that’s exactly what the Department of Education’s proposed Title IX regulation seeks to do (10).

Citations:

  1. https://www.chronicle.com/article/a-crusade-to-end-reverse-discrimination?cid=gen_sign_in
  2. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  3. https://www.saveservices.org/wp-content/uploads/2022/04/Analysis-of-Title-IX-Regulation-3.24.2022.pdf
  4. https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR347/347CR30.pdf
  5. https://www.calstate.edu/titleix/documents/cozen-presentation-bot-52423.pdf
  6. https://cdn.atixa.org/site-media/atixa/wp-content/uploads/2021/12/16135903/2021-Survey-Summary.pdf
  7. https://www.nas.org/storage/app/media/Reports/Dear%20Colleague/Dear%20Colleague.pdf
  8. https://www.saveservices.org/more-resources/
  9. https://www.dailywire.com/news/prominent-title-ix-consultant-accused-of-financial-fraud-in-lawsuit-filed-by-former-employee
  10. https://www.insidehighered.com/news/2022/06/30/new-title-ix-rules-raise-concerns-accused
Categories
Due Process False Allegations Sexual Assault

False Allegations Forum: Pushing Back on Legal Dominance Ideology

False Allegations Forum: Pushing Back on Legal Dominance Ideology

By Sean Parker

June 14, 2023

‘But eventually Dum spiro spero – ‘while I breathe, I hope”

The False Allegations Forum (FAF) is a union of various groups working in the UK FA movement, supporting those claiming to be falsely accused, their families and loved ones. The Forum includes representatives of FACT, FASO, PPMI, Accused.me, Fighting for the Falsely Accused, Letters to the Establishment, Empowering the Innocent and individual campaigners, and the remit is on putting the accumulated knowledge and experience of a 25-plus years campaign into action.

In the inaugural meeting in early June 2023, subjects were raised such as the Law Commission’s proposal to make theoretical ‘rape myths’ obligatory to be followed by judges, juryless trials, recovery groups for the falsely accused, and how all who go through this process are treated in the media. If judges are to decide alone, how will they ascertain that defendants were aware of these supposed rape myth-based offences at the time of the alleged incident beyond reasonable doubt?

It is acknowledged that the moves by ‘progressive’ activists to transform the ‘innocent until proven guilty’ standard to ‘conviction-upon-allegation’ started in the 1990s with the care home scandal in North Wales and the north of England. Each time the media cycle turns (whether that be through stories such as those of Bill Clinton, John Worboys, Jimmy Savile, Carl Beech or Harvey Weinstein), a new chunk seems to be lopped off the once apparently golden trunk of the British justice system.

If the intention is to outlaw casual sex even further than it has been already in the 21st century, then the new proposals by the Criminal Law Reform Network (CLRN) to make ‘deceit sex’ a new offence should do the trick. However, as was raised by Ian Osborne at the meeting, his son John Lee Osborne was already serving a sentence of 18 years due to such allegations – of which he maintains his innocence, some four years after conviction. This proposal puts putting the cart before the horse into absurd new territory.

Should all contested convictions for category 2-3 rape or sexual assault from 2003 onwards be judicially reviewed with the presumption of the new category of ‘sexual misadventure’? The justice system has gone beyond ‘believing the victims’ to determination to not further upset complainants, however variable the recollections. By pushing the same levers of power as trans activists in attempting to invert natural reality, legal dominance ideologues are trying to redefine sexual behaviour with the presumption of these so-called ‘rape myths’ (recently discredited by Nuffield Foundation research, as reported by Joshua Rozenburg).

The weaponisation of ‘shame’ in the false allegations industry ensures that almost all successful appeals are reported as being on ‘technicalities’, since the accused mostly want to run and hide when it’s all over, and ‘new evidence’ is required for convictions which have increasingly needed no evidence to convict in the first place.

Power-preoccupied activists versus The People is the name of the game in the media affiliated political realm, as the question of whether the patriarchy of Moses or Mick Jagger that needs dismantling is next on the news agenda. Clare’s Law is one in an array of named laws, spannered through after the death of a woman at the hands a man; in this case a mentally deranged ex-turned-stalker. This law ensures that potential new partners are told about the criminal records of their new beaus, regardless of their maintaining innocence stance or lack of violence/controlling behaviours. This is in effect a counter-intuitive overreach, with no interest in being on a case-by-case basis, since the risk criteria in allegations of sexual misconduct is already so vast, and vehemently contested.

The counter-discourse of the False Allegations Forum opens up all such arbitrary – if well meaning – moves up to a scrutiny many of them didn’t seem to receive in the House of Commons. Even when MP Christopher Chope asked for a pause to hear the ‘upskirting’ bill -as all MPs are in fact required to do – he was hurricaned by incensed politicos and their facilitating activists.

Fake doctors and activist academics abound in this sphere, grandstanding on Twitter and emotioneering from their legally-tenured day jobs at Chambers or in universities. Their activities since 2003 (at least) have engendered a sort of New Protestantism across society, as the progressive agenda of what has come to be known as ‘woke’ has run up against a far deeper culture of pragmatic thought.

The false allegations industry has made the dating scene a new minefield, as online swipe-rights have met Tinder or Plenty of Fish-era playboys, newly relabelled ‘predators’. The CLRN’s proposed new offence of deceit sex would make lying about being in a relationship punishable as a form of rape – as could be posing with an expensive car when (he) can’t in fact even afford the insurance. Seduction by pretence used to be the stuff of light films, and often a part of how a couple met. Now that is to be criminalised, leading to even more bizarre hearings – spun in the press as journalists are apparently compelled to do.

The intellectual cowardice involved in forever pitching empathy versus objectivity in a culture that has for some decades been degrading masculinity has resulted in biased media reports being essentially an abuse of free speech principles. Whatever his other moves as Justice Secretary, the orchestrated, bullying pile-on on to the admittedly redoubtable Dominic Raab was an example of the politicised defenestration of an alpha male: Raab’s unapologetic discontinuation of radfem-in-high-office Vera Baird’s contract as Victims Commissioner clearly unacceptable.

Legal dominance ideology is eroding if not destroying western institutions, removing elected officials if they don’t follow the prescribed progressive narrative. The new and non restrictive definition of MGTOW (Men Going Their Own Way) is distinct from ‘incel’ (involuntary celibate) culture by resembling a sort of postmodern priesthood in its uncompromising, exasperated reaction to extreme establishment feminism. The benefits of heteronormative relationships are increasingly failing to outweigh the negatives.

There is no actual patriarchy any more in the Anglosphere – if there indeed ever was – but there has been a class system, which has been replaced by Diversity, Equality and Inclusion policies as the new elite ruling class. Jurassic prisons, with their inmates as dinosaurs of the cultural revolution, are housing thousands of less high profile Gary Glitter-type cases, with completely understandable ‘dark web’ curiosities standing against them in appraisal of their ‘risk factors’. An allegedly predatory appetite in 1975 is not the same as a hypervigilant, neurotic OAP in the mid 2020s, but the false allegations industry has no interest in recognising that nuance, particularly in those prisons’ eagerness to deny prisoners communications.

Trying to appease the new pseudo-liberals while they merrily cancel Rock n’ Roll as a problematic artform is an endless slog, as the radical feminists take on the Trans activists, lumped in with the Men’s Rights Activists, all of them out-moralising each other over free speech taboos – be they holocaust exaggeration, slavery, rape myths, or the age of consent.

Categories
Child Custody Domestic Violence False Allegations Istanbul Convention Law & Justice Legal

CONSEQUENCES OF THE LAW OF GENDER VIOLENCE AND GENDER IDEOLOGY IN SPAIN

CONSEQUENCES OF THE LAW OF GENDER VIOLENCE AND GENDER IDEOLOGY IN SPAIN

D. Jesús Muñoz

Dª María Legaz

National Association for Assistance to Victims of Domestic Violence (Asociacion Nacional de Ayuda a Victimas de Ayuda de Violencia Doméstica)

24 January 2023

The passage of the LIVG, the comprehensive law against gender-based violence, in Spain in 2004 has led to the violation of the fundamental rights of all heterosexual citizens, especially loss of the “presumption of innocence.”

The socialist party, from which this ideology of copyright criminal law
originated, had on the table, according to public statements by one of its proponents, safeguarding the protection of victims or the presumption of innocence. They opted for the protection of victims, destroying the “presumption of innocence” for hundreds of thousands of men in the past 18 years.

The gender violence law is based on the study of the Minneapolis mandatory arrest law.

From 2004 to 2022, there have been more than 2,260,000 judicial
proceedings, with more than 1,705,000 defendants ending up being declared innocent. This means that innocent people have been prosecuted with public money, depriving them of their liberty. By applying Article 544 TER of the Ley de Enjuiciamiento Criminal, they have been separated from their children, with jail detentions of 24 and 72 hours. These detentions normally take place on weekends, beginning on Fridays, so the man spends the whole weekend in a jail with deplorable hygienic conditions. The man is in a state of shock, not knowing why he has been deprived of liberty, expelled from his house with only what he was wearing. and deprived of his children’s visitation regime.

An average of more than 455 men are arrested every day in Spain for allegations of gender violence, based solely on the word of a woman. An average of 160,000 men are prosecuted each year as terrorists. Year after year, it has been shown that more than 80% of them, who have been deprived of their liberty, are declared innocent, according to data from the General Council of the Judiciary.

Hundreds of billions of euros are spent in Spain, coming from the European Union, squandered by political parties. As an example, between 2014 and 2016 the Junta de Andalucía spent a whopping sum of more than of 66,000 millions of euros.

The European Union allocates €366 billion a year to addressing gender violence. None of these grants are audited.

An estimation of the costs of gender violence in the EU, according to a study carried out by the United Kingdom, estimated that Spain received from more than 24,000 million euros in 2012. With these funds, networks of feminist associations related to political parties have been created, which obtain economic revenue through their gender ideology.

The Spanish gender violence law is based on author’s criminal law, as
stated on page 92 and 93 of the CGPJ’s, LIVG draft report and
Constitutional Court Judgment 59/2008, dated July 4. The Particular
vote of five magistrates, including Judge Jorge Rodríguez Zapata, states
in writing, on folio 25 of the sentences, that this law would make the
dreams of Edmund Mezger, German jurist from Nazi Germany, come true.

He writes in the seventh paragraph:

“Finally, I express my wish that this Judgment not to be the
beginning in our order of the fulfillment of Mezger’s dream: two
Criminal Laws; a criminal law for the generality, in which, in essence, the principles that have governed up to now will remain in force. And, along with it, a completely different criminal law, for special groups of certain people. I leave a record of my position in this Vote.
In Madrid, on May fourteenth, two thousand and eight. Jorge
Rodriguez Zapata Perez. -Signed”.

In addition to this, a renowned member of the Socialist party and expresident of the Spanish Government, Alfonso Guerra, publicly declared that he spoke with an acquaintance of his, who had been the president of the Constitutional Court in 2004, who confirmed to him that the seven magistrates who approved the unconstitutional law, that they did so under pressure from feminist lobbies, and from the socialist party of José Luis Rodríguez Zapatero:

Alfonso Guerra reveals the pressure on the TC on the LIVG.

In Spain we are suffering from what Poland and Hungary already warned about, which is why they withdrew from the Istanbul Agreement.

If we add to this, that the socialist government subsidized women’s allegations with public money, since the higher the number of allegations, the more women are declared mistreated and the more
money the feminist associations receive. So says the BOE of 2005, Number 215 on page 30453.

Currently, in addition to all of the overhead, a lot of women in a divorce or children custody proceeding, profit from Articles 92.7 and 94 of the Civil Code. These women use the gender violence law so that fathers cannot fight for joint child custody. And with article 94, during the investigation and judicial process, the man is deprived of child visitation rights, despite the fact that 80% of them are eventually declared to be innocent. You can imagine the ordeal they suffer, when one to five years can pass without being able to see their children.

ANAVID asks that all of these discriminatory laws, which violate constitutional, fundamental and human rights, be repealed. These laws are destroying the lives of men, children, and entire families, and are not protecting the truly mistreated women. We demand laws that protect and punish all people equally, regardless of sex, age, ethnicity or sexual orientation.

Furthermore, we ask that any person declared innocent, that had been
deprived of their liberty to be compensated with €600 per day and for
those who have suffered a restraining order being found innocent, we ask for a compensation of €110 per day.

Note: The original Spanish version of this statement is available on the ANAVID website.

Categories
Campus Department of Education Due Process False Allegations Free Speech Gender Identity Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

WASHINGTON / January 12, 2023 – Title IX is the 50-year-old law that was enacted to stop sex discrimination in schools. But now, groups are attempting to use Title IX to promote a sweeping unconstitutional agenda with harmful effects on students, families, and on society.

Recent months have witnessed three attempts to make far-reaching changes to Title IX:

  1. In June, the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” muzzle free speech, and decimate due process (1).
  2. In September, 19 Democratic senators denounced the presumption of innocence in Title IX proceedings (2). The senators also called for an end to cross-examination, facilely ignoring a landmark Supreme Court decision that described cross-examination as the “‘greatest legal engine ever invented for the discovery of truth.” (3)
  3. In December, the Students’ Access to Freedom and Educational Rights (SAFER) Act was introduced in both chambers of Congress (4). The bill proposed to make sweeping changes to campus Title IX adjudication procedures — changes that are reminiscent of practices seen in the former Soviet Union (5).

The proposals would curtail constitutionally protected free speech and due process protections, eliminate fairness in women’s sports, promote gender transitioning among under-age students, marginalize the role of parents, and exact other harmful effects. Numerous lawmakers have spoken out in opposition to these proposed changes (6).

These changes recently were described by a leading policy organization as a “naked assault on civil rights.” (7)

In response to these and other worrisome developments, House Speaker Kevin McCarthy proposed a multi-point Commitment to America (8). Five of the principles pertain to the recent attempts to reinvent Title IX:

  1. Conduct rigorous oversight to rein in governmental abuse of power, such as an executive branch agency exceeding its legal authority by seeking to redefine the meaning of “sex” (9).
  2. Curb wasteful spending by government agencies, such as the Department of Education (10).
  3. Advance the Parents’ Bill of Rights (11).
  4. Defend fairness by ensuring that only women can compete in women’s sports (12).
  5. Uphold free speech guarantees and assure religious freedom (13).

SAVE urges members of Congress to move quickly to implement provisions of the Commitment to America and stop the Title IX take-over.

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  3. https://supreme.justia.com/cases/federal/us/399/149/
  4. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  5. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  6. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  7. https://www.jamesgmartin.center/2023/01/the-empress-wears-no-clothes/
  8. https://www.republicanleader.gov/commitment/
  9. https://spectator.org/administrative-redefine-gender/
  10. https://www2.ed.gov/about/overview/budget/budget23/justifications/z-ocr.pdf
  11. https://www.congress.gov/bill/117th-congress/house-bill/6056
  12. https://www.saveservices.org/2022-policy/network/womens-sports/
  13. https://www.saveservices.org/wp-content/uploads/2022/07/First-Liberty-Institute-Statement-on-Title-IX.pdf
Categories
Campus Due Process False Allegations Investigations Press Release Sexual Assault Sexual Harassment Trauma Informed

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

WASHINGTON / December 15, 2022 — The Students’ Access to Freedom and Educational Rights (SAFER) Act (1) was recently introduced in the Senate (S. 5158) and House of Representatives (H.R. 9387). The bill proposes to make numerous changes to campus Title IX adjudication procedures that would tilt the process in favor of the complainant. The changes are reminiscent of practices often seen in the former Soviet Union.

In the Soviet Union, Lavrentiy Beria, head of Stalin’s secret police, often boasted, “Show me the man, and I’ll show you the crime.”  Similarly, the SAFER Act would provide complainants a broad array of supports and protections, leaving accused persons to their own devices. (Section 205)

In the Soviet Union, “all aspects of the Soviet legal system were effectively subordinate to the leadership of the Soviet Communist Party,” according to University of Illinois law professor Peter Maggs (2).  On college campuses, ideologically committed Title IX coordinators wield enormous control over the processing of complaints. Under SAFER, their power would further expand to have a say over “teaching practices, textbooks, and curricula.” (Section 206)

In the Soviet Union, false allegations were rampant. Similarly, 40-50% of sexual assault allegations on American college campuses are known to be unfounded (3). Ironically, the SAFER Act would discourage a school from disciplining a person who makes a false allegation. (Section 205)

In the Soviet Union, investigators would slant their methods in order to reach a predetermined conclusion of guilt. Under the SAFER Act, campus investigators would be mandated to use “trauma-informed interview techniques” — methods that would further tilt what already is a biased Title IX process (4). (Section 205)

In the Soviet Union, “there was severe pressure from the party hierarchy to secure a 100 percent conviction rate, with the result that thereafter there were almost no acquittals.” (2) In the United States, Oberlin College once boasted it had a 100% conviction rate for Title IX cases (5).

As if to underscore the irrelevance of the SAFER bill, in three separate decisions this past week, federal judges issued rulings that illustrate the due process deficiencies of campus “kangaroo courts:”

  • The First Circuit Court of Appeals overturned a lower court decision, and ruled against Stonehill College of Massachusetts for its deeply flawed adjudication methods (6).
  • Judge Reed O’Connor issued a ruling against Texas Christian University, finding that TCU had instructed that exculpatory evidence for the man was “not to [be] consider[ed],” “discussed or referenced” by the Title IX panel (7).
  • The District Court of Western Wisconsin ruled against the University of Wisconsin-Madison for various procedural errors against a male student that constituted sex discrimination (8).

SAVE urges lawmakers to oppose the SAFER Act.

Links:

  1. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  2. https://www.britannica.com/topic/Soviet-law/Property
  3. https://www.saveservices.org/2021/05/pr-40-50-of-campus-sexual-assault-allegations-are-unfounded-revealing-need-for-strong-protections-of-the-innocent/
  4. http://www.prosecutorintegrity.org/sa/trauma-informed/
  5. https://www.washingtontimes.com/news/2018/jan/4/oberlin-college-sex-assault-conviction-rate-100/
  6. http://media.ca1.uscourts.gov/pdf.opinions/21-1227P-01A.pdf
  7. https://storage.courtlistener.com/recap/gov.uscourts.txnd.361429/gov.uscourts.txnd.361429.175.0.pdf
  8. https://storage.courtlistener.com/recap/gov.uscourts.wiwd.47298/gov.uscourts.wiwd.47298.25.0.pdf
Categories
Bills Campus Department of Education Discrimination Domestic Violence False Allegations Free Speech Sexual Harassment Title IX

SAFER Act Seeks Sweeping Changes to Redefine ‘Sex’ and ‘Sexual Harassment’

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

SAFER Act Seeks to Make Sweeping Changes to Redefine ‘Sex’ and ‘Sexual Harassment’

WASHINGTON / December 12, 2022 – Lawmakers recently introduced the Students’ Access to Freedom and Educational Rights (SAFER) Act in both the Senate and House (1). The bill proposes to codify sweeping changes to the definitions of “sex” and “sexual harassment.”

Definition of Sex

The existing Title IX law, enacted in 1972, was designed to eliminate discrimination based on a student’s “sex.” But the SAFER bill seeks to expand this fundamental term to include sex stereotypes, pregnancy or related conditions, sexual orientation, or gender identity.  Gender identity is defined as “a person’s internal sense of gender, which could be female, male, or another gender.” (Section 101)

To date, two circuit courts have ruled against changing the Title IX definition of sex:

  • On July 15, 2022 a Tennessee District Court issued a Preliminary Injunction overturning the Department of Education’s Interpretation of Title IX to include “discrimination based on sexual orientation and gender identity.” (2)
  • In a November 11, 2022 decision, a Texas District Court ruled in Neese v. Becerra that Title IX does not prohibit discrimination based on sexual orientation or gender identity. (3)

Over 200 organizations have gone on record in opposition (4) to proposed changes to Title IX that would expand the definition of “sex,” which would impose devastating consequences on women’s sports (5), promote life-altering sex changes on underage children (6), and have long-term effects on parental rights (7).

Definition of Sexual Harassment

In Davis v. Monroe, the U.S. Supreme Court defined sexual harassment as harassment that is ‘‘so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.’’ (8)

But the SAFER bill proposes a broader definition of sexual harassment that would encompass virtually all sex-related conduct that is perceived as “unwelcome:”

“any unwelcome conduct of a sexual nature, regardless of whether it is direct or indirect, or verbal or nonverbal (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology), that unreasonably alters an individual’s terms, benefits, or privileges of an education program or activity, including by creating an intimidating, hostile, or offensive environment.” (Section 203(i))

Such changes would exact harmful consequences on free speech (9) and open the door for a wave of false allegations of sexual misconduct and domestic violence (10). A former Washington State prosecutor explains the false allegations problem this way (11):

“The Department of Education has put immense pressure on higher education institutions to handle cases to their liking….As a result of this unfair treatment, innocent accused students, staff, and faculty find themselves expelled, fired or facing criminal charges.”

In Orwellian fashion, the bill sponsors make the remarkable claim that the SAFER Act will protect “all” students from discrimination (12).

SAVE urges lawmakers to strongly oppose the SAFER Act.

Links:

  1. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  2. https://adfmedialegalfiles.blob.core.windows.net/files/TennesseeOrderOpinionPI.pdf
  3. https://casetext.com/case/neese-v-becerra-1
  4. https://www.saveservices.org/2022-Policy/
  5. https://www.iwf.org/womens-sports-resource-center/
  6. https://nrb.org/articles/thousands-rally-at-tennessee-state-capitol-to-end-child-mutilation/
  7. https://parentalrights.org/
  8. https://supreme.justia.com/cases/federal/us/526/629/
  9. https://speechfirst.org/about/
  10. https://www.saveservices.org/2021/05/pr-40-50-of-campus-sexual-assault-allegations-are-unfounded-revealing-need-for-strong-protections-of-the-innocent/
  11. https://kuhlmanoffice.com/practice-areas/title-ix-defense/
  12. https://www.casey.senate.gov/imo/media/doc/one_pager_safer_act.pdf
Categories
Domestic Violence Due Process False Allegations Law & Justice Legal

Families in Bermuda Are Being Harmed by the UN’s Domestic Violence Policies

Families in Bermuda Are Being Harmed by the UN’s Domestic Violence Policies

Edward M. Tavares

Co-founder, ChildWatch Bermuda

Bermuda is part of United Kingdom’s commonwealth as an overseas dependent territory. We are sharing our concerns about the status of shared parenting and domestic violence policies.

Shared Parenting

According to Bermuda’s last statistical family type release in May 31, 2006, 85% of custody of children post-divorce and separation was held by women. How can 85% of fathers be relegated to visitor status by the courts because their marriage failed? Most studies show these divorce decisions are made unilaterally by women.

Continuous violation exists with respect to the UN Declaration on the Rights of the Child, which states in Article 9:

  1. Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, and that
  2. Such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately, and a decision must be made as to the child’s place of residence.
  3. Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

However, fathers have been relegated to visitor status for decades in regard to custody of their children after divorce or separation by the courts, most times without any investigations or due process. This can cause violations of the European Human Rights, Article 8 of the Convention– Right to respect for private and family life:

“Everyone has the right to respect for his private and family life, his home and his correspondence.”

One father went to court for 28 years trying to obtain custody and to defend his parental rights. Meanwhile, he lost his house, bank accounts, etc., while having to obtain 14 lawyers and achieving little remedy in the court. This abuse of the law constitutes as legal administrative abuse and coercive control, requiring that the father must conform and comply with their demands.

The biases of the Courts and family Counsellors, Department of Child and Family Services, apparently see only mothers as viable caregivers. These injustices are usually compounded by many local organizations with the power of the Bermuda Police Services, while threatening and harassing letters are sent out without any investigations to many fathers to order them to conform to the demands which often are contrary to Court orders in place. We believe that these letters are just to gain higher status and finances, within society, and garner sympathy from politicians/legislators.

Prior to 2002 we had six men paying support for a child that was not theirs. We at ChildWatch advocated for legal changes as unwed fathers were not able to take proceedings against mothers, nor were allowed DNA testing for paternity fraud, according to “The Affiliation Act, 1976.”  One father found out that he wasn’t the father 17 years later, and a few others learned the truth 14 years later.

In 2006, one accused father was denied DNA testing even after it was implemented into law in 2002. The Judge refused DNA testing on the false claim of the mother that he was the father. After three years having gone to prison as ordered by the court, we lobbied to have him tested. Eventually this father was granted permission, and the results revealed that he was not the biological father. This ruined his life, having lost his job, and was considered unemployable, and unacceptable to society.

Many fathers suffer from not only losing their children, but also losing their homes and finances in the struggle for their children’s benefit.  Following a divorce, a parent may engage in behaviors that serve to alienate the child from the other parent. In an attempt to cover up the alienating behavior, the alienating parent may then falsely accuse the target parent of child abuse.

Bermuda’s prison inmates come largely from fatherless homes.  Poor education attainment, and dropping out, teen pregnancy, drug abuse, alcohol, behavioral problems, gang culture, and deaths by murder are more customary to male victims who come mostly from fatherless homes.

Policies of the United Nations 

The World Health Organization reports that men are far more likely to die of violence-related causes than women, for the following age groups (death rates 100,00 population):

• 5-14 years: Male: 1.7; Female: 1.0

• 15-24 years: Male: 57.7; Female: 8.1

• 25-34 years: Male: 92.3; Female: 10.3

• 35-54 years: Male: 70.6; Female: 6.5

• 55-74 years: Male: 29.5; Female: 3.3

Overall, the WHO reveals that men are eight times more likely than women to die of violence-related causes.

The UN report, “A Gendered Analysis of Violent Deaths”, similarly concluded, “Globally, men and boys accounted for 84 per cent of the people who died violently in 2010–15.” Clearly, violence against men represents a greater problem than violence against women.

Regarding domestic violence, a compilation of 343 scholarly investigations concluded that “women are as physically aggressive as men (or more) in their relationships with their spouses or opposite-sex partners.” These studies were conducted on a broad range of racial, ethnic, and socio-economic groups in 40 different countries.

ChildWatch Bermuda has great concerns regarding the UN Women’s position paper to “Eliminate Domestic Violence Against Women and Girls.” Our concern is that there is no mention of the “Elimination of Domestic Violence Against Men and Boys” included. Studies show that men suffer equally as women from domestic violence.

An analysis of Resolution A/77/302: Intensification of Efforts to Eliminate All Forms of Violence Against Women and Girls by the Domestic Abuse and Violence International Alliance on October 17, 2022 reveals substantial bias against male victims.

Domestic Violence During the COVID Pandemic

On March 23, 2020 the U.S.-based National Task Force to End Sexual and Domestic Violence issued an alert with this startling claim: “Survivors of domestic violence and sexual assault are facing extreme danger and risk.” Likewise, UN Women declared a “shadow pandemic of violence against women and girls” which would result from lockdowns across the world.

These alerts did not provide any evidence to support their claims. Subsequently, a wave of media accounts predicted an imminent “spike” and “spurt” of abuse, often featuring heart-rending — but unsubstantiated — anecdotes.

But the predicted catastrophe never happened. Numerous independent analyses of hotline calls, police calls for service, and crime statistics, both in the United States and abroad, concluded that overall, there was no increase in domestic violence or sexual assault, and some locales saw a decrease.

The U.S. National Domestic Violence Hotline reports on the number of answered calls, chats, and texts received each year since 1996. The graph from the most recent report reveals the number of answered inquiries in 2020 was 363,000, which is the same number as in 2018. Clearly, there was no “spike” or “surge” in the number of abuse calls during the COVID pandemic.

Imposed Separation Communication breakdowns are inherent in human relationships. In years past, police officers encouraged the parties to temporarily separate and make amends. But now, any marital tiff can be considered to be domestic “abuse.” Today, we have instituted mandatory-arrest laws, even when short-term separation and counseling for the parties would be the more appropriate measure.

Conclusion

These are just a few examples of the many injustices seen in Bermuda. We would like to thank you for taking the time to review and consider our concerns. Hopefully, we can reach a viable solution against domestic abuse for men and women, including boys and girls.

In addition, I will be happy to set up a telephone call to answer any questions you may have. Thank you for your attention to this matter of importance.

 

 

Categories
Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Title IX

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@endtodv.org

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

WASHINGTON / October 24, 2022 – Last week U.S. District Judge Scriven issued a ruling in a sexual assault case, denying the University of South Florida its Motion to Dismiss. The decision in favor of former USF student Kevaughn Dingle will allow the case to proceed to discovery and trial, if the university does not opt to settle the case (1).

The complaint arose from a sexual encounter in which the female student was the initiator (2). She entered the dormitory room of Dingle, a Black man, removed his shirt, expressed her sexual excitement, asked the man to text someone for a condom, and performed fellatio on him.

An hour later, she told some friends she “might have been sexually assaulted,” and filed a Title IX complaint.

During the Title IX proceeding, USF restricted Dingle’s review of the file, denied him the right to cross-examine the accuser, and even revoked his right to appeal.

In addition, USF misinterpreted its definition of consent. Specifically, USF’s Title IX Office defined consent as “words and/or actions that clearly indicate a willingness to engage in a specific sexual activity… at some point during the interaction or thereafter.” In contrast, USF’s determination letter faulted the man based on what the school referred to as a lack of “ongoing affirmative consent.”  [emphasis added]

As a consequence, USF found Dingle responsible of sexual assault, expelled him, and stripped him of his football scholarship.

In addition, Dingle was arrested by local police on sexual assault charges, which were eventually dropped (3).

Dingle’s experience is not uncommon. Since the Department of Education issued its “Dear Colleague Letter” in 2011, 814 similar lawsuits have been filed (4). As a consequence, 44 judicial decisions have been issued against colleges finding sex bias against the male student (5).

While Black men make up only about six percent of college undergraduates, they are substantially overrepresented in the Title IX proceedings (6).  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 due process violations (7).

Citations:

  1. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/634c9f3ed7cdbc00211e7088/797ordermtd10142022.pdf
  2. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/61b67ae860f2970021b6a1a1/797complaint1282021.pdf
  3. https://www.thedailystampede.com/2018/3/30/17180320/kevaughn-dingle-has-all-felony-sexual-battery-charges-dropped
  4. https://titleixforall.com/title-ix-recap-what-happened-in-september-2022/
  5. https://www.saveservices.org/2022/04/44-judicial-decisions/
  6. https://www.realcleareducation.com/articles/2019/01/21/black_men_title_nine_and_the_disparate_impact_of_discipline_policies_110308.html
  7. https://www.saveservices.org/2020/07/why-are-some-members-of-congress-opposing-due-process-protections-for-black-male-students/
Categories
Bills Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors.’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors,’ For the Fifth Time

WASHINGTON / October 10, 2022 – Basic principles of “due process” on campus are being challenged by a growing number of frivolous and false Title IX complaints. Despite these developments, Congressional lawmakers introduced last week the Campus Accountability and Safety Act, a bill that does nothing to shore up due process protections.

Due process, enshrined in the Fourteenth Amendment to the Constitution, serves to protect innocent citizens from false accusations. But a review of recent Title IX complaints reveals that female students increasingly are resorting to Title IX as a weapon to settle old scores.

For example, Clemson University student Erin Wingo initiated a sexual encounter with a male acquaintance. But worried that her boyfriend might learn of the tryst, Wingo fabricated an allegation of sexual assault. A South Carolina jury later awarded the male student $5.3 million for defamation (1).

In another case, the male student was taking a medication that precluded his ability to have intercourse— but that did not deter an accusation of “rape” from being filed by the female student. In other recent complaints, there is no allegation of intimate sexual contact. Rather, the complaint centers around vague and unverifiable claims of “harassment.”

In addition, recent developments reveal that certain groups are seeking to roll back fundamental due process protections:

  1. The Department of Education released a draft Title IX regulation in June that was widely criticized for its removal of key due process protections. One letter from 19 state Attorneys General charged, “The Proposed Rule threatens to destroy Title IX.” (2)
  2. The presumption of innocence has long been seen as the bedrock to due process (3). Nonetheless, 12 Democratic Senators submitted a letter calling on the Department of Education to remove any ”presumption that the respondent is not responsible for sex discrimination until a determination is made.” (4) This extreme position provoked the ire of leading liberal commentators (5).

Ignoring these worrisome threats to due process, last week federal lawmakers introduced the Campus Accountability and Safety Act (6). The bill had been introduced, unsuccessfully, in four previous sessions of Congress (7).

The House bill was co-sponsored by Representatives Carolyn Maloney and John Katko, neither of whom will be serving in Congress next year. Announced five weeks before the highly contested November 8 elections, the bill has little chance of being passed into law in the current session of Congress.

“The truth is that there is no crisis in sexual assault on campus,” notes a leading Title IX attorney. “Title IX teaches women to blame the guy instead of accepting her share of responsibility for the failed relationship.”

Citations:

  1. https://www.saveservices.org/2022/04/south-carolina-jury-awards-5-3-million-to-wrongfully-accused-clemson-u-student-on-defamation-and-civil-conspiracy-claims/
  2. https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Title%20IX%20NPRM%20Indiana%20Comment%20Letter%20FINAL.pdf
  3. http://www.prosecutorintegrity.org/innocence/cornerstone/
  4. https://www.help.senate.gov/imo/media/doc/220912%20Title%20IX%20Comment%20Letter.pdf
  5. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  6. https://maloney.house.gov/sites/maloney.house.gov/files/final%20casa.pdf
  7. https://www.grassley.senate.gov/news/news-releases/grassley-gillibrand-reintroduce-bipartisan-bill-to-combat-sexual-assault-on-college-campuses