Category: Press Release

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Accountability Campus Civil Rights Department of Justice Discrimination Law Enforcement Office for Civil Rights Press Release Research Training Victims

PR: Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: glauterio@saveservices.org

Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

WASHINGTON / October 11, 2016 – Warning “victim-centered” investigations are “inconsistent with basic notions of fairness and justice,” an Expert Panel has issued a report calling on lawmakers to end such approaches in campus sexual assault cases (1). The Expert Panel was convened in observance of Wrongful Conviction Day on October 4 and addressed the growing problem of “victim-centered” investigations at colleges and in the criminal justice system.

“Victim-centered” methods abandon traditional notions of impartiality and objectivity, and instead call on investigators to presume that “all sexual assault cases are valid unless established otherwise by investigative findings,” as one report enjoins (2). Such recommendations represent a negation of the long-held tenet of the presumption of innocence, and are likely to lead to wrongful determinations of guilt.

One of the expert panelists was Michael Conzachi, a former homicide detective and police academy instructor. Conzachi sharply criticized the University of Texas-Austin document Blueprint for Campus Police, saying its recommendations to remove inconsistent statements and exculpatory information from investigational reports represent a potential violation of laws that bar evidence concealment and tampering.

E. Everett Bartlett, president of the Center for Prosecutor Integrity, reported that many lawsuits by accused students against universities now include allegations of investigational impropriety. He identified nine categories of investigational biases claimed in campus lawsuits such as Overt bias/Predetermination of guilt and Inadequate investigator qualifications.

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (CEFTA). The bill mandates the use of “justice-centered” investigations that would require campus investigators to “discharge their duties with objectivity and impartiality” (3).

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Press Release Sexual Assault

PR: How ‘Victim-Centered’ Investigations Undermine the Presumption of Innocence and Victimize the Innocent

Contact: Gina Lauterio
Email: glauterio@prosecutorintegrity.org

How ‘Victim-Centered’ Investigations Undermine the Presumption of Innocence and Victimize the Innocent: Upcoming Teleconference

WASHINGTON / September 19, 2016 – A national teleconference will be held on the topic, “How ‘Victim-Centered’ Investigations Undermine the Presumption of Innocence and Victimize the Innocent.” The event will address how “victim-centered” investigations remove the presumption of innocence and greatly increase the risk of a wrongful finding of guilt. The teleconference will be held on October 4 at 1:00 to 4:00 pm, Eastern time.

The Department of Education has repeatedly issued directives calling for equitable campus investigations. In 2001 the Office for Civil Rights issued its Revised Sexual Harassment Guidance mandating that universities undertake “adequate, reliable, and impartial investigation of complaints.” Likewise, the OCR’s 2011 Dear Colleague Letter on campus violence explained, “a school’s investigation and hearing processes cannot be equitable unless they are impartial.”

In contrast, victim-centered investigations are based on the assumptions of “start by believing” and “always believe the victim.”

The teleconference will address victim-centered investigations on both college campuses and in the criminal justice setting. The Forum will consist of presentations by leading investigators, attorneys, and other experts:

  • Cynthia Garrett: Welcome and Introduction
  • Christopher Perry: What is the Problem with Victim-Centered Investigations?
  • Jerry Rogoff: The Psychological Effects on Persons Wrongfully Found Guilty of Sexual Misconduct
  • Carolyn Martin: My Lawsuit to End Investigative Bias at the Department of the Navy
  • Claudia Whitman: How to Botch a Criminal Investigation in Ten Easy Steps
  • Michael Conzachi: University of Texas Blueprint for Injustice

Harvard Law School professor Jeannie Suk describes the always-believe-the-victim approach as a “near-religious teaching” that is likely to harm rape victims: “When the core belief is that accusers never lie, if any one accuser has lied, it brings into question the stability of the entire thought system, rendering uncertain all allegations of sexual assault.” http://www.saveservices.org/sexual-assault/investigations/

The teleconference, sponsored by the non-profit Center for Prosecutor Integrity, will be available free of charge. Registration information will be made available here: http://www.prosecutorintegrity.org/wrongful-conviction-day/forum/

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Accountability Accusing U. Affirmative Consent Due Process Press Release Rape-Culture Hysteria Victims

PR: American Law Institute Pulls the Plug on Affirmative Consent

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: glauterio@saveservices.org

American Law Institute Pulls the Plug on Affirmative Consent

WASHINGTON / May 23, 2016 – By a resounding margin, members of the American Law Institute voted down a controversial “affirmative consent” standard being considered for the group’s proposed Model Penal Code for Sexual Assault. Instead, the ALI membership approved a definition proposed by attorney Margaret Love that states, “’Consent’ means a person’s willingness to engage in a specific act of sexual penetration or sexual contact. Consent may be expressed or it may be inferred from behavior, including words and conduct—both action and inaction—in the context of all the circumstances.” (1)

The historic vote took place at the ALI annual conference on May 17 in Washington, DC. After two hours of at times acrimonious debate, approximately four-fifths of the 500 members present voted to remove the affirmative consent language (2). Leading judges, law professors, and practicing attorneys comprise the membership of ALI, which develops model laws for adoption at the state level.

The National Association of Criminal Defense Lawyers had sharply criticized the proposed affirmative consent policy, charging the ALI draft used “the bludgeon of criminal sanctions to impose the new and yet untested concept of ‘affirmative consent’ upon society.” (3)

The affirmative consent standard has been struck down in two state-level decisions, as well.

In August, Judge Carol McCoy ruled the University of Tennessee-Chattanooga’s affirmative consent policy “erroneously shifted the burden of proof” to the defendant. The administrative judge noted that “requiring the accused to affirmatively provide consent… is flawed and untenable if due process is to be afforded to the accused.” (4)

Last month the Massachusetts District Court ruled against the Brandeis University affirmative consent policy, saying “it is absurd to suggest that it makes no difference whatsoever whether the other party is a total stranger or a long-term partner in an apparently happy relationship.” (5)

Decrying the rigidity and intrusiveness of the affirmative consent approach, Newsday columnist Cathy Young asks, “While there’s still time, we should stop and ask just how much government we really want in the bedroom.” (6) More information about affirmative consent can be found on the SAVE website (7).

(1) https://www.ali.org/media/filer_public/19/a4/19a45dd8-da30-44d5-a4a1-5bb3992a3521/mpcsa-language-52016.pdf
(2) http://www.washingtonexaminer.com/a-mess-law-group-rejects-affirmative-consent/article/2591692
(3) http://www.prosecutorintegrity.org/wp-content/uploads/2016/03/NACDL-Comments-Draft-6-MPC-Sexual-Assault.pdf
(4) https://kcjohnson.files.wordpress.com/2013/08/memorandum-mock.pdf
(5) https://kcjohnson.files.wordpress.com/2013/08/brandeis-decision.pdf
(6) http://www.newsday.com/opinion/columnists/cathy-young/the-risks-of-affirmative-consent-1.11819583
(7) http://www.saveservices.org/sexual-assault/affirmative-consent/

SAVE is working for evidence-based, constitutionally sound solutions to campus sexual assault: www.saveservices.org

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Campus Office for Civil Rights Press Release Sexual Assault

PR: Lawmakers Double-Down on Campus Due Process Abuses

Contact: Gina Lauterio

Telephone: 301-801-0608

Email: glauterio@saveservices.org

Lawmakers Double-Down on Campus Due Process Abuses

WASHINGTON / March 14, 2016 – In an effort to restore due process rights on campuses, state and federal lawmakers have taken determined steps in recent weeks to press  college administrators and a federal oversight agency to uphold constitutionally based rights for students accused of sexual assault.

In the most dramatic development, Georgia Rep. Earl Ehrhart, chairman of the House appropriations committee, disapproved a $47 million funding request for Georgia Tech University over due process concerns for accused students.

Ehrhart then called out the Georgia Tech administrators. “The president and the administration are just clueless when it comes to due process on that campus and protecting all those kids. If I have to talk to another brokenhearted mother about their fine son where any allegation is a conviction and they toss these kids out of school after three and a half years, sometimes just before graduation, it’s just tragic,” Ehrhart charged (1).

At the federal level, criticisms were voiced during the course of two hearings in which Department of Education secretary-designate John King provided testimony.

At an Appropriations Committee hearing this past Thursday, Sen. Lamar Alexander of Tennessee repeatedly confronted King with the fact that his department was threatening colleges with loss of federal funding if they did not comply with a 2011 “guidance” document (2).

During a previous hearing of the House Committee on Education and the Workforce, Rep. Virginia Foxx of North Carolina voiced concerns that the Department of Education has issued sexual assault directives with “potential negative impact on students and institutions.” She then requested that King provide written answers to nine questions about the department’s policy-making procedures (3).

On March 4, James Lankford of Oklahoma, chairman of the Committee on Homeland Security and Governmental Affairs, sent a strongly worded letter to the John King. The letter charged, “OCR’s silence on important due process considerations, coupled with the requirement of a lower standard of proof, indisputably tips the playing field against the accused, making the disciplinary process anything but ‘equitable.’” (4)

More information about executive over-reach by the federal Office for Civil Rights can be found on the SAVE website (5).

(1)    http://politics.blog.ajc.com/2016/03/07/powerful-state-lawmaker-calls-for-georgia-tech-presidents-ouster/

(2)   http://www.washingtonexaminer.com/senator-grills-acting-education-secretary-over-agency-overreach/article/2585472#.VuIfEXFPqD0.facebook

(3)    http://www.washingtonexaminer.com/gop-congresswoman-questions-ed.-dept.-nominee-on-campus-sexual-assault/article/2584078

(4)   https://onedrive.live.com/redir?resid=A56B7CAF8A43C485!16667&authkey=!AA5bfF-DWgQ-dZg&ithint=file%2cpdf

(5)    http://www.saveservices.org/sexual-assault/ocr/

SAVE is working for evidence-based, constitutionally sound solutions to campus sexual assault: www.saveservices.org

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Accountability Department of Justice Innocence Press Release Sexual Assault Sexual Harassment Wrongful Convictions

PR: Georgia Tech Reinstatement is Evidence of Growing Public Alarm over Due Process and Free Speech on Campus

Contact: Gina Lauterio
Telephone: 301-801-0608

Georgia Tech Reinstatement is Evidence of Growing Public Alarm over Due Process and Free Speech on Campus

WASHINGTON / January 6, 2016 – The recent decision to reinstate a Georgia Tech student expelled for an alleged sexual offense marks a growing wave of popular concern over the erosion of due process protections and free speech rights on college campuses.

Earlier this week the Georgia Tech Board of Regents overrode the decision by a school administrator who had recommended the expulsion of a student accused of sexual assault. The Board reinstated the student when it learned that the investigator failed to interview witnesses provided by the defendant and gave him only one hour to review a 13-page, single spaced summary of the investigation (1).

Numerous other judicial decisions or legal settlements in recent months have overturned the findings of campus sex tribunals for due process violations. The decisions involved the University of California-San Diego, University of Tennessee-Chattanooga, Washington and Lee University, University of Southern California, and Middlebury College (2).

Concerns over the loss of free speech rights are being voiced, as well. President Obama has twice called for the restoration of open debate on campuses, first at a town hall meeting on September 15 and more recently during a November 15 interview with George Stephanopoulos (3).

Legislators have also taken up the cause of restoring free speech. On June 2, 2015 the U.S. House of Representatives Subcommittee on the Constitution held a hearing on the state of free speech on college campuses (4).

In Missouri more than 100 members of the state Legislature signed a letter to the University of Missouri’s board of curators demanding the “immediate firing” of a professor who attempted to have a reporter forcibly removed during a student protest (5).

The American Civil Liberties Union of Missouri likewise urged the University of Missouri to not compromise the right to free expression in its efforts to fight racism, saying, “Mistakenly addressing symptoms — instead of causes — and doing it in a way that runs counter to the First Amendment is not the wise or appropriate response.” (6)

“Due process and free speech are part of the American DNA,” notes SAVE spokesperson Sheryle Hutter. “Lawmakers should not shrink from the challenge of restoring constitutionally-rooted rights and protections to college campuses.”

1. http://www.washingtonexaminer.com/expelled-georgia-tech-student-reinstated/article/2579610
2. http://www.saveservices.org/2015/09/pr-due-process-gains-momentum-moves-to-center-stage-in-campus-sexual-assault-debate/
3. https://www.youtube.com/watch?v=8PlcALRh6Og
4. http://docs.house.gov/meetings/JU/JU10/20150602/103548/HHRG-114-JU10-20150602-SD003.pdf
5. http://www.foxnews.com/politics/2016/01/05/missouri-lawmakers-flex-muscles-in-call-for-professors-firing.html?intcmp=hpbt2
6. http://www.foxnews.com/us/2015/11/12/aclu-urges-university-missouri-to-better-protect-students-free-speech.html

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Domestic Violence Media Press Release

PR: SAVE Denounces President Obama’s Misleading Portrayal of Domestic Violence

PRESS RELEASE

Contact: Gina Lauterio
Email: glauterio@saveservices.org

SAVE Denounces President Obama’s Misleading Portrayal of Domestic Violence

WASHINGTON / February 10, 2015 – A leading domestic violence organization is criticizing President Obama for use of highly misleading claims on domestic violence. In a taped message to viewers of the Grammy awards Sunday night, President Obama called for an end to “violence against women and girls.” The President did not mention the problem of domestic violence against men and boys, even though males are equally likely to be victims of female-perpetrated abuse.

The problem of female-perpetrated violence has been documented in hundreds of studies. A research summary by Jennifer Langhinrichsen-Rohling, PhD of the University of South Alabama reported that females were more likely than males to be the perpetrators of unidirectional violence, by a two-to-one margin.

One compilation of 286 scholarly investigations concludes, “women are as physically aggressive, or more aggressive, than men in their relationships with their spouses or male partners:” http://www.csulb.edu/~mfiebert/assault.htm

SAVE has previously requested the Obama Administration to rely on accurate information in its domestic violence efforts: http://www.saveservices.org/camp/biased-briefing/biden-the-view/

In December the Department of Justice reported that each year, less than one percent of college women are victims of sexual assault. Nonetheless, the White House website still displays a Fact Sheet that states, “One in five women is sexually assaulted in college:” http://www.whitehouse.gov/the-press-office/2014/04/29/fact-sheet-not-alone-protecting-students-sexual-assault

“Victims of partner abuse are not served by deceptive misrepresentations of the truth,” notes SAVE spokesperson Sheryle Hutter. “Administration officials should assure that anti-abuse programs are based on fact, reason, and science, not gender ideology.”

SAVE has compiled Seven Key Facts About Domestic Violence: http://www.saveservices.org/key-facts/

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

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Accusing U. Affirmative Consent Campus Press Release Rape-Culture Hysteria Sexual Assault Sexual Harassment

Campus Anti-Rape Efforts Go Silly

Stop Abusive and Violent Environments
October 7, 2014

Three percent of women are victims of rape during their college years. And that number appears to be declining. But that hasn’t stopped campus activists from declaring that a sexual assault “epidemic” is sweeping our campuses and advocating for rape prevention programs that are downright silly, if not absurd.

These are 5 recent examples around the country:

1. Crazy-Making at Michigan
The new University of Michigan policy provides several examples of sexual violence. One type of “violence” listed in its policy is “withholding sex and affection.”

That’s right, U of M no longer believes that “no means no.” Columnist Susan Kruth recently wrote: “This is utterly unconscionable, and, frankly, insane. It is the absolute last message we should be sending to college students.”

2. Taco Runs at ASU
Arizona State University has come up with a novel solution to rape: having by-standers suggest that intoxicated men go out and grab some tacos.

If that doesn’t work, an intoxicated male should be persuaded that the girl he is talking to is “ugly” and “not worth sleeping with,” according to the student group Always Get Consent.

3. Whistles for Rapists
At the University of Colorado, campus activists claim that encouraging women to take common-sense protective measures like carrying a rape whistle constitutes “blaming the victim.”

So the Student Health Center is now distributing flyers to men instructing them that the “only use for a rape whistle is: If you are about to rape someone, warn them. Blow the whistle.”

4. Big Sister at Clemson
At Clemson University in South Carolina, students were required to complete a survey asking detailed questions such as:
• “How many times have you had sex (including oral) in the last 3 months?”
• “With how many different people have you had sex (including oral) in the last 3 months?”

Failure to complete the questionnaire was deemed to be a violation of the Student Code of Conduct and subject to disciplinary action.

5. Sex Week in New Mexico
Last week the University of New Mexico Women’s Resource Center co-sponsored Sex Week. The week included lectures on topics such as “How to be a Gentleman AND Get Laid,” “Reid’s Negotiating Successful Threesomes,” and “O-Face Oral.”

According to the media account, “The events are designed to prevent sexual assault, but organizers have taken a new approach…Instead of teaching students how not to get hurt, they’re teaching them how to have safer and better sex.”
We’re hoping the event organizers will explain how escalating the already hyper-sexualized environment of college campuses will serve to deter sexual assault.

Time to Get Serious About Rape

Let’s state the obvious: Rape is a crime.

Stopping rape requires improved police reporting, professional investigations, and vigorous prosecutions.

Rape cases should be handled by the criminal justice system, not by ill-equipped campus Kangaroo Courts.

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Domestic Violence Press Release Violence

PR: SAVE Calls for Suspension of Hope Solo Following Domestic Violence Arrest

PRESS RELEASE

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: info@saveservices.org

SAVE Calls for Suspension of Hope Solo Following Domestic Violence Arrest

WASHINGTON / October 1, 2014 – SAVE, a national victim-advocacy organization, is today calling on the U.S. Soccer Federation to immediately suspend goaltender Hope Solo following her arrest on charges of domestic violence on June 21. SAVE charges the U.S. Soccer Federation’s plan to allow Solo to continue to play reveals a deplorable lack of understanding of the seriousness of her assault.
Solo’s arrest followed a 911 call by a neighbor stating Solo was “hitting people” and they could not get her to stop. After receiving statements of the persons involved, officers determined Solo was the primary aggressor and had instigated the assault.
Solo was charged with two counts of fourth degree assault. Police photographs revealed Solo caused her nephew to bleed from his left ear and badly scraped her sister’s face: http://www.kirotv.com/gallery/news/photos-hope-solo-domestic-violence-case-investigat/gCLkZ/#5419227

ESPN, TV Guide, and the Chicago Tribune have all called for Solo’s suspension. USA Today sports columnist Christine Brennan penned, “So what kind of message does this send to the millions of girls and women the U.S. national team has empowered and inspired over the past couple of decades? That alleged domestic violence is somehow different and less alarming when the alleged abuser is a woman?”

“When running back Ray Rice was found to have engaged in domestic violence, the NFL put him on indefinite suspension,” notes SAVE spokesperson Sheryle Hutter. “But when Hope Solo threatens, assaults, scratches, and draws blood, U.S. Soccer whitewashes the incident as a ‘personal situation’ and sends her back out on the field.”

October is Domestic Violence Awareness Month. The theme of the observance is Drop the Domestic Violence Double-Standard: http://www.saveservices.org/camp/double-standard/

Stop Abusive and Violent Environments – SAVE — promotes evidence-based solutions to the problem of domestic violence: http://www.saveservices.org/

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Bills Campus Press Release Sexual Assault

PR: Turning the Criminal Justice System into an After-Thought: SAVE Announces Opposition to Campus Accountability and Safety Act

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: teristoddard@saveservices.org

Turning the Criminal Justice System into an After-Thought:

SAVE Announces Opposition to Campus Accountability and Safety Act

WASHINGTON / August 5, 2014 – Today Stop Abusive and Violent Environments (SAVE) is announcing its opposition to the Campus Accountability and Safety Act. The CASA bill was introduced last week by Sen. Claire McCaskill of Missouri.

By limiting the involvement of the criminal justice system, the bill would make it harder for thorough investigations to be completed, fair trials to be conducted, and appropriate sanctions to be imposed. The bill impairs the deployment of criminal justice resources in three ways:

1. The Act would not require campus rapes to be reported to law enforcement, thus thwarting the ability of trained investigators to collect evidence.

2. Campus security programs do not possess the legal authority to search FBI DNA and fingerprint databases. A match can prevent a future rape, and allow a previous crime to be solved, as well.

3. The law would preclude the local prosecutor’s office from filing charges unless and until the victim gave permission.

Over 200 editorials have criticized the existing system of campus disciplinary committees for failing to appropriately respond to victims’ needs and conducting shoddy investigations: www.accusingu.org . Even if the accused is found guilty, the most severe punishment is expulsion, a sanction that is woefully inadequate, most say.

The CASA bill has been sharply criticized for ignoring due process protections, as well. Charlotte Hays at the Independent Women’s Forum highlighted concerns about the “erosion of due process for the accused.” Diana Furchtgott-Roth of the Manhattan Institute charged the bill would encourage colleges to “throw out due process.”

“The CASA bill says the way to stop rape is to turn the criminal justice system into an administrative after-thought,” notes SAVE spokesperson Sheryle Hutter. “Rape victims are outraged by this misguided attempt to handcuff the involvement of police, detectives, and prosecutors.”

Stop Abusive and Violent Environments—SAVE—is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

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Bills Campus Civil Rights DED Sexual Assault Directive Innocence Law Enforcement Press Release Sexual Assault

Safety of Our Students: SAVE Calls on Congress to Fix Broken System of Campus Rape Panels

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: teristoddard@saveservices.org

Safety of Our Students: SAVE Calls on Congress to Fix Broken System of Campus Rape Panels

WASHINGTON / May 21, 2014 – Based on growing complaints by victims and accused students, Stop Abusive and Violent Environments (SAVE) is calling on Congress to fix the current system of campus disciplinary committees. A 2011 federal policy mandated that these panels adjudicate claims of campus sexual assault. Over 350 editorials to date have sharply criticized the boards both for shortchanging victims and violating the rights of the accused: www.accusingu.org

SAVE is proposing enactment of a new law entitled “SOS: Safety of Our Students.” The law would require that all allegations of campus criminal sexual assault be referred to local criminal justice authorities for investigation and adjudication. The full text of the bill can be seen here: http://www.saveservices.org/camp/campus-rape-courts

In 2011 the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter that shifted responsibility for campus rape cases to the committees that handle cheating and plagiarism cases. These panels lack legal authority to subpoena witnesses, conduct in-depth investigations, or impose criminal sanctions.

On May 1, 2014 the Department of Education announced it was launching investigations of 55 universities for “possible violations of federal law over the handling of sexual violence and harassment complaints.” The probe underscores federal concerns over the turmoil and confusion that the current system is now experiencing.

Five days later a USA Today Editorial Board column charged the current approach is “failing” because the “strongest punishment schools can deliver is to expel a rapist from campus.” A May 13 editorial by the Los Angeles Times Board echoed similar concerns.

“Despite the best of intentions by its proponents, the current system represents second-class justice to victims and third-world justice for the accused,” charges SAVE spokesperson Sheryle Hutter. “We call on Congress to act promptly to respond to the growing crisis in handling campus rape cases.”

Stop Abusive and Violent Environments—SAVE—is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org