Category: Press Release

Press Release: Anti-Violence Bill Loses Focus on Victims, Many Claim

Post author By saveadmin
Post date December 21, 2020

PRESS RELEASE

Contact: Teri Stoddard
Email: tstoddard@saveservices.org

Anti-Violence Bill Loses Focus on Victims, Many Claim

WASHINGTON, Feb. 6 — A growing number of groups, including Stop Abusive and Violent Environments, are criticizing the proposed reauthorization bill of the Violence Against Women Act (VAWA) for losing sight of the law’s original intended purpose: to help victims of domestic violence. These concerns were highlighted during the recent February 2 meeting of the Senate Judiciary Committee.

Concerned Women for America, the largest women’s organization in the country, noted in a February 1 group letter that the Leahy-Crapo bill will “actually squander the resources for victims of actual violence by failing to properly prioritize and assess victims.”

Victim-advocacy group Survivors in Action decries what it calls the “DV run-around” in which victims are shunted from hotlines to shelters to social service agencies, never receiving the services they need.

Sen. Charles Grassley, ranking member of the Senate Judiciary Committee, deplored the fact that VAWA bill S. 1925 “creates so many new programs for underserved populations that it risks losing the focus on helping victims.” (1)

Even Judiciary Committee chairman Patrick Leahy acknowledged criticism that the VAWA bill is “trying to protect too many victims.” Following debate, Sen. Leahy’s proposed bill was approved by a slim 10-8 margin and was forwarded to the full Senate for consideration.

Vague and over-broad definitions of abuse found in the current law undermine key Constitutional protections for the accused, as well: http://www.saveservices.org/wp-content/uploads/SAVE-Assault-Civil-Rights.pdf

“If we want to stop the cycle of violence and help real victims, the Violence Against Women Act must rein in sweeping definitions, improve accountability, and recognize that women are as likely as men to be physically abusive with their partners,” explains SAVE spokesman Philip W. Cook.

Stop Abusive and Violent Environments is proposing consideration of the Partner Violence Reduction Act (2), which accords priority to persons with evidence of physical violence.

Congressman Ted Poe, co-chair of the Victim’s Rights Caucus, has suggested changing the name of VAWA to the Domestic Violence Act, in order to recognize that partner abuse affects members of both sexes (3).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

(1) http://www.saveservices.org/2012/02/statement-by-sen-chuck-grassley-about-vawa
(2) http://www.saveservices.org/pvra
(3) http://www.washingtontimes.com/blog/watercooler/2011/jul/21/picket-vawa-supporter-capitol-hill-looks-have-law-/

Accountability Campus Civil Rights Department of Education Discrimination Due Process False Allegations Investigations Office for Civil Rights Press Release Sex Education Sexual Assault Sexual Harassment Title IX Training Victims Violence

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

Post author By saveadmin
Post date July 28, 2020

Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

WASHINGTON / July 28, 2020 – SAVE recently released a study that shows black male students face a type of “double jeopardy” by virtue of being male and black. (1) Analyses show although black male students are far outnumbered on college campuses, they are four times more likely than white students to file lawsuits alleging their rights were violated in Title IX proceedings (2), and at one university OCR investigated for racial discrimination, black male students were accused of 50% of the sexual violence reported to the university yet they comprised only 4.2% of the student population. (3)

In 2015, Harvard Law Professor Janet Halley raised an alarm to the U.S. Senate HELP committee that, “the rate of complaints and sanctions against male students of color is unreasonably high.” (4) She advised school administrators to, “not only to secure sex equality but also to be on the lookout for racial bias and racially disproportionate impact and for discrimination on the basis of sexual orientation and gender identity – not only against complainants but also against the accused.” (5)

Her powerful words were ignored. Over the past 5 years numerous black males have been caught up in campus Title IX proceedings. Their lawsuits often claim a lack of due process in the procedures.

Grant Neal, a black student athlete, was suspended by Colorado State University – Pueblo for a rape his white partner denied ever happened. (6) Two black males students accused of sexually assaulting a fellow student recently settled a lawsuit against University of Findlay for racial, gender and ethnic discrimination. (7) Nikki Yovino was sentenced to a year in prison for making false rape accusations against two black Sacred Heart University football players whose lives were ruined by her accusations. (8) These are just a few examples.

Wheaton College in suburban Chicago, a major stop along the Underground Railroad, recently dismissed Chaplain Tim Blackmon, its first nonwhite chaplain in its 155-year history. Blackmon claims Wheaton’s Title IX office failed to investigate a previous Title IX complaint against him in a “clear misuse of the Title IX investigative process,” and he was “completely blind-sided by this Title IX investigation.” Blackmon’s attorney believes the professor’s race heavily factored into his firing, and that Wheaton was looking for an excuse to sever its relationship with its first African American chaplain and return to being a predominantly white educational institution. (9)

The impact to black male students and faculty could be even greater than any data or media reports imply since only those who can afford a costly litigation file lawsuits and make the news. More data is needed, but anecdotally black males are disproportionately harmed in campus Title IX proceedings.

SAVE recently spoke with Republican and Democrat offices in the House and Senate regarding this issue. Virtually all staffers agreed members of Congress are concerned about harm to black students and supportive of ways to offer protections to all students, including those of color.

The new Title IX regulation offers necessary due process protections that black students need. By complying with the regulation, college administrators will protect the rights of all students and address the serious problem that black men are accused and punished at unreasonably high rates. At a time when activists on college campuses are clamoring that Black Lives Matter, college administrators should assure they are doing everything they can to help their black students.

Citations:

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

Campus Office for Civil Rights Press Release Sexual Assault Sexual Harassment

U.S. Department of Education Releases Final Title IX Rule

Post author By saveadmin
Post date May 6, 2020

The U.S. Department of Education today released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. In addition to posting the unofficial version of the Final Rule, the Department is releasing a Final Rule Fact Sheet, a Final Rule Overview, a document detailing the major provisions of the Final Rule, and a document highlighting changes between the prior Notice of Proposed Rulemaking and the Final Rule. Finally, the Office for Civil Rights has also released a Webinar describing the Final Rule and many of its features.

The Final Rule is clear, predictable, and effective at ensuring schools have the tools they need to address incidents of sexual harassment in their programs and activities. Under the Final Rule, schools know the importance of responding to such incidents appropriately by supporting survivors, as well as by providing a fair, transparent process for investigating and adjudicating sexual harassment matters. The Final Rule will carry the force and effect of law as of August 14, 2020.

OCR Webinar: Title IX Regulations Addressing Sexual Harassment (Length: 01:11:29) 05/06/2020

Campus Civil Rights Due Process False Allegations Press Release Sexual Assault Sexual Harassment Victims

To Senators Murray, Warren and Gillibrand: Secretary DeVos CAN Multi-task

Post author By saveadmin
Post date April 3, 2020

For over two years, U.S. Senators Patty Murray (D-WA), Elizabeth Warren (D-MA) and Kirsten Gillibrand (D-NY) urged Secretary DeVos and the Department of Education to not create new Title IX regulations, fallaciously claiming victims will be further harmed. The trio jumped on the crowded coronavirus excuse train, and now claim it is unacceptable for the Department to finalize a rule during the coronavirus outbreak.

The Senators urge DeVos “not to release the final Title IX rule at this time and instead to focus on helping schools navigate the urgent issues arising from the COVID-19 pandemic that is top of the mind for all students and families.” [1]

However, the Department’s accomplishments show on March 6, the Department promptly created a coronavirus information and resources website for school and school administrators [2]. Throughout the month they continued this focus on students with disabilities [3], provided student loan relief [4], and announced broad flexibilities for states to cancel testing [5]. There have been multiple task forces, webinars, and conference calls focused on helping schools navigate the urgent issues arising from the corona virus pandemic.

The Senator’s asking Secretary DeVos to suspend due process protections because of the coronavirus is irresponsible, impractical, and unfair to institutions, students and professors.

Ashe Schow, a reporter and columnist, appropriately pointed out in her commentary: “Three Democrat senators are using the coronavirus pandemic to urge Education Secretary Betsy DeVos to delay providing college students their constitutional rights to due process.” [6]

DeVos has shown competing priorities are possible to navigate and combat. She is prioritizing the immediate needs, which include both navigating through this pandemic while ensuring students are given their due process rights.

As students and professors step onto their campuses in August, they will also be stepping into a more fair and equitable and safe environment than they stepped off in March.

Citations:

[1]https://www.help.senate.gov/ranking/newsroom/press/murray-warren-gillibrand-urge-secretary-devos-to-halt-title-ix-rule-focus-on-helping-schools-during-the-covid-19-crisis

[2]https://www.ed.gov/coronavirus?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[3]https://www.ed.gov/news/press-releases/secretary-devos-releases-new-resources-educators-local-leaders-k-12-flexibilities-student-privacy-and-educating-students-disabilities-during-coronavirus-outbreak?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[4] https://www.ed.gov/news/press-releases/delivering-president-trumps-promise-secretary-devos-suspends-federal-student-loan-payments-waives-interest-during-national-emergency?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[5] https://www.ed.gov/news/press-releases/helping-students-adversely-affected-school-closures-secretary-devos-announces-broad-flexibilities-states-cancel-testing-during-national-emergency?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[6] https://www.dailywire.com/news/three-democrats-use-coronavirus-to-demand-delaying-due-process-rights-for-college-students

Campus Press Release

PR: 25 Worst Colleges for Campus Due Process

Post author By saveadmin
Post date November 6, 2019

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

25 Worst Colleges for Campus Due Process

WASHINGTON / November 7, 2019 – Today SAVE, a leading campus due process organization, is releasing a list of the 25 worst colleges and university for campus fairness and due process. The colleges were selected based on a detailed review of dozens of lawsuits by students accused of sexual assault, and subsequently expelled or suspended by their university, in which the judge later issued a ruling at least partly favorable to the student (1).

The lawsuits feature a jarring range of due process violations such as a 7-hour hearing; judge-jury-executioner style investigations; exclusion of exculpatory evidence; public defamations; a made-up confession; failure to consider previous false allegations by the accuser; reliance on a flawed ‘affirmative consent’ standard; a fabricated tape recording; a victim treated as a perpetrator; and a case in which the supposed “victim” repeatedly insisted she was not a victim.

The lawsuits call to mind the guilt-presuming methods featured in Franz Kafka’s novel, The Trial, the corrupt show trials exposed in Aleksandr Solzhenitsyn’s Gulag Archipelago, and recent satires in which campus disciplinary committees are derided as “Kangaroo Courts.”

Following are the 25 colleges identified with deficient campus procedures:

California: University of California-Santa Barbara and University of Southern California, Los Angeles
Colorado: Colorado State University, Pueblo
Connecticut: Quinnipiac University, Hamden and Yale University, New Haven
District of Columbia: George Washington University, Washington, DC
Florida: University of Miami
Georgia: Georgia Tech University, Atlanta
Indiana: Purdue University, West Lafayette
Massachusetts: Brandeis University, Waltham; Amherst College; and Boston College, Newton
Michigan: University of Michigan, Ann Arbor
Mississippi: University of Southern Mississippi, Hattiesburg
New York: Columbia University, New York
Ohio: University of Cincinnati
Oregon: University of Oregon, Eugene
Pennsylvania: Pennsylvania State University, Centre County
Rhode Island: Brown University, Providence
South Dakota: Augustana University, Sioux Falls
Tennessee: Rhodes College, Memphis; University of Tennessee-Knoxville
Texas: University of Texas Southwestern Medical School, Dallas
Virginia: James Madison University, Harrisonburg
Vermont: Middlebury College

Descriptions of each of the lawsuits, including links to the judicial opinions, are available online (2). SAVE urges students considering attendance at these colleges to identify other institutions with a record of respect for constitutionally rooted due process measures.

The Department of Education’s Office for Civil Rights is expected to issue new Title IX regulations that will strengthen due process protections on college campuses (3).

Citations:

http://www.saveservices.org/sexual-assault/complaints-and-lawsuits/lawsuit-analysis/
http://www.saveservices.org/sexual-assault/restore-fairness/25-worst-colleges-for-campus-due-process/
https://www.reginfo.gov/public/do/eoDetails?rrid=129772

Stop Abusive and Violent Environments is working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

Press Release Sexual Assault Sexual Harassment

Milestone Award in Maine to Compensate Victim of Prosecutorial Misconduct

Post author By saveadmin
Post date October 2, 2018

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Milestone Award in Maine to Compensate Victim of Prosecutorial Misconduct

WASHINGTON / October 2, 2018 – In a first for Maine, the state has agreed to compensate a victim of prosecutorial misconduct. Last week it was announced that the state will pay Vladek Filler a settlement of $375,000, arising from the misconduct of former Hancock County Assistant District Attorney Mary Kellett, police officials, and others.

In 2007, Ligia Filler alleged she was a victim of marital rape. Ignoring exculpatory evidence, ADA Kellett prosecuted Vladek on several counts of sexual assault. Filler was convicted of assault, but was cleared of the rape charges made during a divorce and child custody battle. Eventually, the assault charge was also dismissed.

In 2011, SAVE filed a Grievance Complaint against Kellett with the Maine Board of Overseers of the Bar alleging improper withholding of evidence and other misconduct. On May 12, 2011, SAVE held a press conference at the Penobscot Judicial Center in Bangor (1).

The complaint was investigated and eventually referred to the Maine Supreme Court, which ruled against the prosecutor in 2013. Mary Kellett issued a public apology and was required to attend ethics training. She later resigned her position.

In 2015, Vladek filed a civil rights lawsuit against Kellett and other parties. The lawsuit against a nurse who coached Ligia to cry during testimony to make her claims more credible is still outstanding (2).

More information on Vladek Filler’s exoneration is available from the National Registry of Exonerations (3). The legal documents of the lawsuit are available online (4).

October 2 is Wrongful Conviction Day (5).

Citations:

http://www.saveservices.org/camp/intolerable-injustice/
https://www.dailywire.com/news/36302/maine-man-receives-375000-after-false-rape-ashe-schow
https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4694
https://www.pacermonitor.com/public/case/6844884/FILLER_v_HANCOCK_COUNTY_et_al#
http://www.intlwrongfulconvictionday.org/

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

Press Release Sexual Assault Sexual Harassment

SAVE Calls on Sen. Hirono to Withdraw and Apologize for Sexist ‘Shut-Up’ Remarks

Post author By saveadmin
Post date September 21, 2018

PRESS RELEASE

Contact: Rebecca Stewart

Email: info@saveservices.org

SAVE Calls on Sen. Hirono to Withdraw and Apologize for Sexist ‘Shut-Up’ Remarks

WASHINGTON / September 21, 2018 – During a Tuesday press conference, Sen. Mazie Hirono of Hawaii made remarks that have stirred controversy about the diminished importance of free speech and due process in America. Commenting on a possible FBI investigation of allegations of sexual misconduct against Judge Brett Kavanaugh, Hirono declared, “Not only do women like Dr. Ford, who bravely comes forward, need to be heard, but they need to be believed… I just want to say to the men in this country — just shut up and step up!.” [emphasis added] (1)

A recent YouGov poll confirms a different picture. The poll found only one-quarter of Americans believe the sexual assault allegations against Kavanaugh to be credible. When asked: “Do you think that the allegation of sexual assault against Brett Kavanaugh generally is or is not credible?” 28% of men said it was credible, while 25% of women gave the same response (2).

Patrice Lee Onwuka of the Independent Women’s Forum emphasizes, “We cannot abandon the presumption of innocence because assuming he’s ‘probably guilty’ serves certain political motives…. it’s wrong to jump to conclusions or use unsubstantiated allegations for political purposes. Not only is that unfair to the accused but it sets up a harmful precedent for the future.” (3)

Writing in the Boston Globe, Jennifer Braceras wrote, “The she-said/he-said nature of the allegations; Ford’s failure to mention the event to anyone for decades; and her inability to provide key details such the location or specific time frame of the alleged assault raise reasonable questions about her credibility.” (4)

One of the strongest critics of Hirono’s remarks was Fox News host Tucker Carlson. During his September 19 monologue, Carlson commented on the meaning of Hirono’s statement:

“It’s not just Brett Kavanaugh that’s guilty, but ‘the men of this country,’ every single one of them, Carlson said, because they’re men. Tucker also said liberals recently ignored a woman who accused Keith Ellison of sexual assault, which occurred within the last year, not 36 years ago.

“That’s a command from the United States senator,” Carlson said of Hirono’s call for men to shut up. “It’s not optional, it’s mandatory. So repeat after Mazie Hirono: Men always lie, women never do. One sex is evil, the other is holy. That’s the Catechism of the Church of Late-Stage Feminism.” (5)

Seldom has an elected official instructed a class of Americans to “shut up,” or to accept the veracity of a sexual assault allegation without corroboration. The First Amendment guarantees the right to express opinions and beliefs. The presumption of innocence is a key element of due process, which is guaranteed by the Fifth and Fourteenth Amendments.

SAVE believes justice is best served when Constitutional guarantees of due process are respected, not when lawmakers engage in a politically calculated rush to judgement.

Citations:

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

Campus Press Release Sexual Assault

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

Post author By saveadmin
Post date April 3, 2018

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:

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

Campus DED Sexual Assault Directive Due Process Office for Civil Rights Press Release

PR: Universities Face Major Changes in Title IX Landscape as Administrators Prepare for Fall Semester

Post author By saveadmin
Post date August 14, 2017

Contact: Christopher Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

Universities Face Major Changes in Title IX Landscape as Administrators Prepare for Fall Semester

WASHINGTON / August 14, 2017 – Last week the University of Georgia Board of Regents approved wide-ranging changes in the sexual assault policies at the campuses it oversees. The revisions were designed to strengthen oversight, assure a consistent process for all cases, and place more emphasis on prevention and education (1). The changes were made in response to developments in the Title IX landscape that are occurring across the nation.

Stop Abusive and Violent Environments (SAVE) has identified eight shifts in the policy landscape that have emerged in the past 12 months. SAVE invites administrators to review these developments and make necessary updates to campus policies:

State legislation. Responding to reports of unconstitutional practices on campuses, state lawmakers have introduced 22 bills designed to restore free speech or due process protections to college students. To date, eight of these bills have been passed into law in Colorado, Nevada, North Carolina, North Dakota, Tennessee, Utah, Vermont, and Virginia (2).

Liability risks. The number of lawsuits by accused students is on the rise. Since 2013, judges have issued rulings on 55 lawsuits filed against universities that were at least partly favorable to the accused student (3). Last week it was reported that an average of $187,000 is spent per case filed by accused students (4).

“Victim-centered” investigations. Investigations based on the “always believe the victim” model are often implicated in lawsuits by accused students against universities. An analysis of these lawsuits concluded that “victim-centered” approaches “are inconsistent with the most basic notions of fairness, repudiate the presumption of innocence, and are likely to lead to wrongful determinations of guilt.” (5)

OCR complaints by identified victims. Following issuance of the Dear Colleague Letter in 2011, thousands of identified victims have filed complaints with the Office for Civil Rights alleging mistreatment by campus officials. Some identified victims claimed their experience with the campus adjudication process was more traumatic than the original assault (6).

Administrator concerns. John McCardell, Vice Chancellor of the University of the South at Sewanee, Tennessee, recently charged the OCR’s Dear Colleague Letter has “imposed on entities ill-trained or equipped for the task, a quasi-judicial role, with the implication that ‘justice,’ however defined, can be satisfactorily rendered through processes that cannot possibly replicate a genuine legal proceeding.” (7) An Inside Higher Ed article on the annual meeting of the National Association of College and University Attorneys reported, “Many college and university officials felt overregulated by the Obama administration, and have expressed interest in seeing that oversight eased.” (8)

OCR investigations. In June, the Office for Civil Rights announced that it will narrow its investigational approach to focus only on the specific allegations of the complaint, not on cases that have been previously resolved by the college (9).

Expert reports. Five independent reports have recently called for an overhaul of the campus adjudication system (10):

American College of Trial Lawyers: Position Statement Regarding Campus Sexual Assault Investigations
SAVE: Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade
NCHERM Group: Due Process and the Sex Police
American Bar Association Task Force for Promoting Fairness in Campus Sexual Misconduct Cases
Heritage Foundation: Campus Sexual Assault: Understanding the Problem and How to Fix It

Editorial criticisms. Thus far in 2017, over 300 editorials have been published at various newspapers and internet sites criticizing the recurring due process violations on campuses (11).

Citations:

SAVE (Stop Abusive and Violent Environments) is working to restore free speech and due process on college campuses: www.saveservices.org

Campus Press Release Sexual Assault Title IX

PR: SAVE Urges Massachusetts Lawmakers to End Campus Rape Tribunals

Post author By saveadmin
Post date April 10, 2017

Contact: Chris Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

SAVE Urges Massachusetts Lawmakers to End Campus Rape Tribunals

WASHINGTON / April 10, 2017 – The current system of campus-based adjudications for sexual assault has turned out to be inefficient, unfair, and in some cases harmful, according to a report released by the non-profit group, Stop Abusive and Violent Environments. The report, “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” was issued on the six-year anniversary of the controversial “Dear Colleague Letter” on sexual violence, first issued by the Department of Education on April 4, 2011.

The “Dear Colleague Letter” has not led to respectful, fair, and prompt resolutions. Rather, complaints to the Office for Civil Rights and federal lawsuits that identify flawed campus procedures increased six-fold after the Department of Education letter was released.

The SAVE report identifies numerous cases in which identified victims of sexual assault claimed their colleges failed to appropriately investigate, adjudicate, and sanction their complaints. In one case, a female student charged that campus authorities at Harvard University showed “deliberate indifference” to her sexual assault claim. Her claim focused not only on the school’s initial response, but also on the University’s failure to respond “to her multiple reports that she was subjected to continuous, retaliatory harassment by [John] Doe and his friends.”

Numerous accused students have filed federal lawsuits as well. In one recent case, a judge criticized Brandeis University for “appear[ing] to have substantially impaired, if not eliminated, an accused student’s right to a fair and impartial process.” Among the 51 known lawsuits filed by accused students since 2012, a majority of the rulings from federal judges have been decided at least partly in favor of the expelled student.

The Massachusetts legislature is currently considering S.706 and H.632 which would codify many provisions of the “Dear Colleague Letter.” Instead, SAVE urges the enactment of the Campus Equality, Fairness, and Transparency Act. CEFTA aims to protect all students by encouraging the referral of campus rape cases to law enforcement officials and providing due process: http://www.saveservices.org/sexual-assault/cefta/.

Identified victims and accused students share a common, over-riding interest in assuring the investigative and adjudicatory process is conducted in a respectful, prompt, and fair manner in order to reach reliable outcomes.

The SAVE report can be viewed here: http://www.saveservices.org/reports/.

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