National: White House Task Force on Campus Sexual Assault Jeopardizes Student Due Process

Category: Due Process

Three months after its creation, the White House Task Force to Protect Students from Sexual Assault issued its first report in April 2014. Titled “Not Alone” and accompanied by a new website, NotAlone.gov, the report announced new recommended practices for colleges and universities nationwide. Troublingly, the Task Force’s recommended practices and the accompanying documents fail to answer FIRE’s grave and continuing concerns about campus civil liberties and the reliability, impartiality, and fundamental fairness of campus judicial proceedings for students accused of sexual harassment and assault.

  • College Backlash and a Difficult Balancing Act on Sex Assault

    July 20, 2014

    By Jeremy Roebuck and Susan Snyder at Philly.com He called it consensual. She called it rape. Their college, Swarthmore, acted decisively. He was expelled. Those spare facts make up the little that the parties can agree upon in a lawsuit working its way through federal court in Philadelphia. The young man at its center – an honors student and former high school class president identified in court filings only as John Doe – says he was wrongfully accused and found guilty of sexual misconduct by a school eager to quash criticism that it did not take assault allegations from female students […]

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  • Proof and Campus Rape: Standards for Campus Disciplinary Proceedings

    July 8, 2014

    By Hans Bader at Examiner.com Yesterday, the New York Times carried my letter to the editorabout evidentiary standards in college disciplinary proceedings over rape and sexual harassment, which it entitled “Proof and Campus Rape.” The letter, which was published only in the Times’ online edition, was too short to really provide a detailed discussion of the subject, so I am adding additional discussion at this link for the benefit of readers of both the Times and the Examiner. As I noted in the Times, It is unfortunate that the federal government now seeks to restrict the due process rights of students accused […]

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  • If She Had Drinks, You May Be a Rapist

    June 18, 2014

    By KC Johnson at Minding the Campus The Education Department’s Office for Civil Rights has been waging a war on campus due process, ordering colleges to change their disciplinary processes to make it more likely that students accused of sexual assault will be found culpable. Many schools, however, have gone beyond the OCR’s demands in various ways, both in terms of due process changes and in terms of dramatically expanding what constitutes a sexual assault. So the chances of an innocent male being branded a rapist are growing. Broadening what constitutes sexual assault by redefining consent has been a principal goal […]

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  • Focus on Campus Assault Gray Areas, Not Red or Blue

    June 12, 2014

    By Joan Vennochi at The Boston Globe NO, CONSERVATIVE commentator George Will should not be fired because, when writing about campus sexual assault, he declared that colleges are learning when they “make victimhood a coveted status that confers privileges, victims proliferate.” He’s an opinion writer, which means he has the right to express an opinion, even one that’s offensive to women, especially to some feminists now lobbying to get his column dropped. On the perks of “victimhood,” I don’t agree with Will. Anyone who followed recent accounts of college women who say they were sexually assaulted would find it hard to conclude their experience represents a “coveted status” […]

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  • More College Men Are Fighting Back Against Sexual Misconduct Cases

    June 7, 2014

    By Teresa Watanabe at Los Angeles Times Peter Yu, Drew Sterrett and Lewis McLeod were headed toward bright futures at prestigious colleges and universities when each got involved in one-night sexual encounters. All three young men claimed the encounters were consensual — but the women asserted otherwise. In each case, campus officials found the men responsible for sexual assault and expelled or suspended them. But all three are pushing back, suing the schools on charges that their rights to a fair hearing were violated. As universities and colleges launch intensified efforts against sexual misconduct, more cases are shifting from campuses […]

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  • Suspension Isn’t Enough

    June 6, 2014

    By Emily Bazelon at Slate ow should colleges punish students whom they find responsible for forcible sexual assault? It’s one of the questions riling campuses this year, as student activists push universities—and Congress and the White House—to focus on the problem of non-consensual sex on campus. Should schools kick out students based on the findings of a disciplinary committee, or is suspension enough? In other words, should universities treat these students as rapists—even though they have not been convicted in a court of law—or as kids who messed up? In the last month, students at Brown and Columbia have brought complaints against their schools under Title […]

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  • Confronting Campus Rape

    June 4, 2014

    By Nina Burleigh at Rolling Stone April 4th, 2004, is a date Laura Dunn has never forgotten. That was the day the Midwestern preacher’s daughter who didn’t believe in sex before marriage says she lost her virginity to not one but two University of Wisconsin-Madison athletes. Dunn was a freshman member of the crew team, attending a boozy frat bash, and she lost count of her intake after seven raspberry-vodka shots. She remembers two older teammates led her out, guys she knew. She was stumbling drunk, but one of them helped her walk, and they headed, she thought, toward another campus […]

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  • Why the Campus Rape Crisis Confounds Colleges

    June 3, 2014

    By Michelle Goldberg at The Nation During her freshman year at Occidental College in Los Angeles in 2010, Audrey Logan says, she was raped on two separate occasions by a young man she considered a friend. Because she knew him and had been very drunk both times, it took a while for her to identify what had happened as an assault. “I really believed rape happened in the dark, by people you barely or don’t know, and weapons or group force were always involved,” she says. Such a reaction isn’t uncommon. According to a National Institute of Justice study, campus rape victims […]

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  • Sexual Assault Cases Force US Campuses into a ‘Delicate Dance’

    May 29, 2014

    By Jon Marcus at Times Higher Education Variable laws and calls for better protection of students have colleges negotiating a minefield of legal and PR issues A place of danger? Estimates suggest that just under one in five women will be sexually assaulted during their time at university It was the stories that she heard from other students that persuaded Zoe Ridolfi-Starr to go public with her own. An undergraduate at Columbia University, Ms Ridolfi-Starr said that she was sexually assaulted at the end of her first year. But it was not until she heard other women claiming mistreatment by […]

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  • University of Chicago to Hire ‘Associate Dean’ of Investigating Sexual Assault Cases

    May 23, 2014

    By Kaitlyn Schallhorn at Campus Reform While the federal government investigates the University of Chicago’s (U of C) alleged mishandling of reported sexual assaults, the school will hire a new dean tasked solely with investigating them. Effective July, U of C will implement a new associate dean of students who, according to a university spokesperson, will only cover “sexual misconduct and harassment/discrimination.” The university will also implement a special disciplinary committee comprised of faculty, staff, and students to hear cases of sexual misconduct. “The disciplinary committee will come from a university-wide pool representing all academic units; students will most likely […]

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  • Overreaching on Campus Rape

    May 13, 2014

    By Caroline Kitchens at  National Review Online Jezebel’s Erin Gloria Ryan recently declared, “Being terrible about rape appears as endemic to American high education as barfing on the quad.” Ryan had just heard the news that 55 American universities are facing federal Title IX investigations for possibly mishandling cases of sexual misconduct. Jezebel seems to think that the Department of Education (DOE) investigations are evidence of a sexual-assault epidemic and insidious “rape culture” plaguing our college campuses. Actually, the investigations show no such thing. The DOE has made it clear that a college’s investigation “in no way indicates at this stage that the […]

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  • F.I.R.E. Criticizes ‘Task Force’ on Sexual Assault

    May 12, 2014

    By Bob Kellogg at OneNewsNow A watchdog group for free-speech rights is gravely concerned about a White House task force aimed at protecting students from sexual assault. For example, Robert Shibley of the Foundation for Individual Rights in Education, or F.I.R.E., says the government’s idea of a single investigator system – one person looking at the evidence, and acting as judge and jury – is dangerous. “Unfortunately what that does is deny students who are accused the right to confront the story of their accuser,” which Shibley calls a “fundamental right” in America’s criminal justice system. Shibley acknowledges the way campuses currently […]

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  • Why Colleges Are so Bad at Handling Sexual Assault

    May 12, 2014

    By Libby Nelson at Vox.com The federal government has put campus sexual assault front and center. “It’s up to all of us to put an end to sexual assault,” President Obama said in a public service announcement on the issue. But whether colleges can deal with their sexual assault problem will ultimately be up to the colleges themselves. The Education Department has two tools in its arsenal to punish colleges for violating Title IX, the federal law that forbids sex discrimination in education. The first is collecting information and making it public, as the department has done by listing colleges under investigation. The other is denying a college’s […]

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  • White House Task Force Fails to Properly Guide Campus Sexual Misconduct Policies

    May 7, 2014

    By Azhar Majeed at The Huffington Post By law, universities across the country must promulgate proper sexual misconduct policies to serve their campuses and protect student rights. But to do so, they need to be aware of the problems presented by the “Checklist for Campus Sexual Misconduct Policies” recently announced by a task force commissioned by the White House. The White House Task Force to Protect Students from Sexual Assault released a much-anticipated report last week recommending best practices for colleges to prevent and address sexual assault and sexual harassment. This, of course, is a welcome development given the prevalence of reports of sexual assault on […]

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  • Advocates Respond to White House Report on College Sexual Assault

    May 6, 2014

    By Augus Johnston at RH Reality Check Sexual assault has long been a crisis on U.S. college campuses, but the epidemic has received new attention in recent years—in no small part because of student activists’ diligent organizing efforts and assault survivors’ bravery in holding institutions accountable for their failures. Last week that activism bore fruit in the form of Not Alone: The First Report of the White House Task Force to Protect Students From Sexual Assault. Not Alone is surprisingly substantial for a 20-page interim report that’s festooned with lists of bullet points. I counted more than a dozen distinct areas of action within it, ranging from […]

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  • DOE Releases List of 55 Schools In Sexual Abuse Investigation

    May 6, 2014

    By Grace Smith at EducationNews.org On Thursday, the US Department of Education published a list of the colleges that are under investigation, the first time such a list has been made public. The list did not include any details concerning the complaints, but according to an article by The Associated Press, President Barack Obama’s administration stated that revealing the schools on the list was an effort to bring more openness to sexual violence occurring at US colleges and universities. The federal government made it clear that these were investigations, not judgments of guilt.  The details of these investigations have, for the most part, […]

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  • Obama Administration Attacks Cross-Examination and Due Process Rights in Campus Guidance

    May 5, 2014

    Posted by Hans Bader at Minding the Campus Justice Brandeis once observed that “The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.” However well-meaning they may be, the Obama administration’s guidance and task force recommendations yesterday on campus sexual harassment and rape contain an insidious attack on cross-examination (as KC Johnson discussed at Minding the Campus.) As the Task Force Report notes (pg. 19), “this new guidance clarifies that: . . . the parties should not be allowed to personally cross-examine each other.” Similarly, the guidance itself says (pg. 31): “OCR strongly discourages a school from […]

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  • Rape on Campus Belongs in the Courts

    May 5, 2014

    By Megan McArdle at Bloomberg View “One in five women is sexually assaulted in college,” says a White House report released last week. “We are here to tell sexual assault survivors that they are not alone. And we’re also here to help schools live up to their obligation to protect students from sexual violence.” To combat this plague, the White House task force says colleges should take aggressive steps to prevent sexual assault. They also want the schools to have better systems to handle sexual assault, including: Someone a survivor can talk to in confidence. A comprehensive sexual misconduct policy. Trauma-informed training for […]

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  • Victimizing The Accused? Obama’s Campus Sexual Assault Guidelines Raise Concerns

    May 5, 2014

    By Wendy Kaminer at Cognoscenti “Not Alone,” the White House entitled its task force report on campus sexual assaults. “Believe the Victim,” the report might as well have been called. It reflects a presumption of guilt in sexual assault cases that practically obliterates the due process rights of the accused. Students leveling accusations of assault are automatically described as “survivors” or “victims” (not alleged victims or complaining witnesses), implying that their accusations are true. When you categorically presume the good faith, infallible memories and entirely objective perspectives of self-identified victims, you dispense with the need for cumbersome judicial or quasi-judicial proceedings and an […]

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  • The White House Flunks a Test on Sexual Assault

    May 5, 2014

    By Matt Kaiser and Justin Dillon at The Wall Street Journal In January, President Obama convened a White House Task Force to Protect Students from Sexual Assault and charged it with creating a set of recommendations commensurate with its title. Last Tuesday the task force released its report. Those of us who handle these cases professionally had hoped that the report would strike a thoughtful balance between respecting the experiences of victims and protecting the rights of the accused. Instead, it continues the apparently inexorable erosion of the rights of the accused on campus. To be sure, the task force’s goals—to ensure […]

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  • How Government Created the Campus Rape Crisis

    May 3, 2014

    By Cathy Reisenwitz at Reason Online The Obama Administration recently releasedrecommendations for strengthening the laws around protecting college students from harassment and sexual assault. The report, Not Alone, comes three months after the creation of the White House Task Force to Protect Students from Sexual Assault. Not Alone and its accompanying website, NotAlone.gov, recommends new practices for colleges and universities nationwide. Some of the recommendations aren’t bad—more polling data can help fill in the gaps created by underreporting, prevention programs are probably worth a try. But ultimately none of the recommendations address the fundamental issue with on-campus rape, and leave intact a system seemingly designed to fail. […]

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  • The White House Takes On College Rape

    May 1, 2014

    At The Dish Obama’s special task force assigned to address sexual assault on campuses has released its first report (pdf), which includes recommendations for what colleges should do: The report calls for prevention programs that “are sustained (not brief, one-shot educational programs), comprehensive, and address the root individual, relational and societal causes of sexual assault.” Bystander intervention is listed as a “promising prevention strateg[y].” The CDC is currently researching the best sexual violence prevention practices. The Task Force recommends that schools train officials on how to best respond to sexual assault complaints, avoiding “insensitive or judgmental comments” that make the victim feel he or she is […]

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  • White House Task Force Attacks Cross-Examination & Due Process Rights on Campus

    May 1, 2014

    By Hans Bader at Examiner.com Supreme Court Justice Louis Brandeis once noted that “The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.” However well-meaning it may be, the Obama administration’s “guidance” this week on campus rape and sexual harassment contains insidious attacks on cross-examination and due-process rights (as KC Johnson discussed atMinding the Campus.) As the White House Task Force Report notes (pg. 19), “this new guidance clarifies that: . . . the parties should not be allowed to personally cross-examine each other.” Similarly, the Education Department’s accompanying guidance says (pg. 31): “OCR strongly discourages a […]

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  • Due Process, Clarity Suffer As Feds Tackle Campus Sexual Assault

    May 1, 2014

    By Robert Shibley at WGBH News On Tuesday, the White House Task Force to Protect Students from Sexual Assault unveiled its first report. Created after arecord number of complaints filed by students against universities about their handling of sexual assault on campus, including complaints against Harvard andTufts, the task force made recommendations to colleges on how they can better prevent and address sexual harassment and assault. Unfortunately, students’ rights to due process and fundamental fairness have been lost in the shuffle. One of the first questions many people ask on this issue is, “Why are colleges holding rape trials anyway?” Good question. They do […]

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  • Will President Obama Address Free Speech at the University That Suppressed It?

    April 30, 2014

    By Uzma Kolsy at The Nation Last year, President Obama delivered the commencement address to the 2013 graduating class at Morehouse College, a campus steeped in legacy. From the hallowed grounds of Dr. Martin Luther King Jr.’s alma mater, President Obama’s deeply personal message about race, leadership and obstacles reverberated with an elevated poignancy at Morehouse. The crowd of young men on the cusp of their futures could have had no better speaker than the first black president of the United States, and his rousing message to overcome fear echoed Dr. King’s thoughts when King was a student there: “I […]

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  • Aggressive Push on Sex Assault

    April 30, 2014

    By Michael Stratford at Inside Higher Ed WASHINGTON — As the White House pushes its campus sexual assault prevention efforts this week, colleges and universities once again find themselves in the crosshairs of an administration that has sought time and again to hold institutions more accountable. That theme of accountability continued Tuesday as Vice President Joe Biden said that it was time for colleges to “step up” their efforts to combat sexual assaults on campus. “Colleges and universities can no longer turn a blind eye or pretend rape or sexual assault doesn’t occur on their campuses,” Biden said in unveiling […]

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  • White House Report On Sexual Assault Gets Major Facts Wrong, Threatens Freedom

    April 29, 2014

    By Robby Soave at The Daily Caller A White House task force’s report made some startling errors about campus sexual assault rates, and proposed recommendations that endanger students’ constitutional rights, according to civil libertarians. The report, which was authored by the White House Task Force to Protect Students From Sexual Assault, leads with the bizarre and wholly false claim that 1 in 5 women are sexually assaulted while at college. The statistic, originally reported in a Centers for Disease Control report several years ago, is at odds with most other data relating to violent crimes, and has been repeatedly dunked by […]

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  • Due Process in the News: ‘Washington Post’ Highlights Accused Students’ Concerns

    August 21, 2014

    Yesterday’s issue of The Washington Post included a comprehensive and even-handed article about the due process concerns being raised by an increasing number of students accused of sexual assault within university judicial systems.

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  • FIRE Op-Ed Part of ‘New York Times’ Debate on Campus Sexual Assault

    August 13, 2014

    Torch readers are well aware that FIRE has played a lead role in the national debate about how colleges and universities should properly respond to sexual assaults on campus. Yesterday, an op-ed by FIRE’s Samantha Harris was included in a series in The New York Times on this important issue, designed to present a variety of approaches to the problem.

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  • More Observers Question the Wisdom of Leaving Campus Sex Assault Adjudications to Administrators

    July 16, 2014

    Sexual assaults on university campuses have become a hot topic in Washington, state legislatures, and in the news. With consistent reports (like this one from The New York Times) of institutions botching their responses to these cases, FIRE has long argued that campuses are ill-equipped to adjudicate these cases and that the guilt or innocence of those accused of such heinous crimes should be determined by courts with the help of law enforcement, forensic evidence, and all the structures of formal adjudications that make their findings more reliable. For a more detailed explanation of FIRE’s position on campus sexual assault, including our recommendations regarding the appropriate role of colleges’ internal judicial systems, check out the comment (PDF) we sent in February to the White House Task Force to Protect Students from Sexual Assault.

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  • Reviewing the Senate Subcommittee’s Report on Campus Sexual Assault Policies

    July 14, 2014

    Last week, the U.S. Senate Subcommittee on Financial and Contracting Oversight’s Majority Staff released a report (PDF) examining college and university responses to allegations of sexual assault on campus. Commissioned by Senator Claire McCaskill, the report bases its analysis on a survey of 440 institutions conducted earlier this year, also commissioned by Senator McCaskill.

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  • ‘New York Times’ Misses Opportunity to Report on Campus Due Process Violations

    July 7, 2014

    Last week, the New York Times Editorial Board addressed the issue of campus sexual assault. Unfortunately, the Board missed an opportunity to address many serious concerns held by FIRE and others about university policies and practices that threaten the due process rights of students accused of sexual misconduct.

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  • Senators Ask Key Questions at Hearing on Campus Sexual Assault

    June 30, 2014

    Last Thursday, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing on colleges’ and universities’ handling of sexual assault cases. As one might have predicted from the tough questions raised at Senator McCaskill’s (D-MO) roundtable discussions on the topic and the recent media coverage of how universities are struggling with federal guidance, the HELP Committee hearing got heated at times.

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  • College and University Lawyers Struggle with Federal Guidance on Sexual Assault

    June 26, 2014

    As the discussion continues over how colleges and universities should respond to allegations of sexual assault on campus, new voices are chiming in to contend that the government is placing a significant burden on institutions and their administrators without providing the necessary resources.

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  • Senators McCaskill and Blumenthal Lead Third Roundtable on Campus Sexual Assault

    June 25, 2014

    On Monday, Senators Claire McCaskill of Missouri and Richard Blumenthal of Connecticut led the third in a series of roundtable discussions on how colleges and universities handle allegations of sexual assault and what changes might be made to better protect campus communities. As with the first two discussions, this “roundtable” failed to include even a single civil liberties advocate to raise the issues of accused students’ due process rights. As a result, the conversation lacked a serious discussion of students’ rights to a fair hearing.

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  • For Campus Sexual Assault, Slate’s Bazelon Calls for Expulsion—and ‘Clear and Convincing’

    June 13, 2014

    Last week, Emily Bazelon—senior editor at Slate and the Truman Capote Fellow at Yale Law School—penned a column arguing that suspending students found guilty (or “responsible,” to use student conduct administrators’ preferred jargon) of rape isn’t a sufficient penalty. Instead, Bazelon says these students should be expelled.

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  • ‘The Nation’ on ‘Why the Campus Rape Crisis Confounds Colleges’

    June 6, 2014

    The cover story of this week’s issue of The Nation details the many problems with how colleges and universities are dealing with sexual assault allegations—including the question of whether adjudication of such serious crimes should be left to educational institutions in the first place.

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  • A Closer Look at Senator McCaskill’s Second Roundtable on Campus Sexual Assault

    June 4, 2014

    On Monday, Senator Claire McCaskill held the second of a series of three roundtables discussing sexual assault on campus in Washington, D.C. Joined by Senators Jon Tester and Richard Blumenthal, the discussion centered on Title IX and featured what Senator McCaskill deemed a “diverse group of stakeholders,” including representatives from victims’ rights advocacy groups like Know Your IX, college administrators involved in Title IX compliance, and Acting Assistant Attorney General for Civil Rights Jocelyn Samuels from the Department of Justice.

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  • NCHERM’s Open Letter on Campus Sexual Assault Reveals Common Ground

    May 30, 2014

    On Tuesday, the National Center for Higher Education Risk Management (NCHERM), a risk management law firm with a long list of college and university clients, posted “An Open Letter to Higher Education about Sexual Violence” (PDF). In the letter, NCHERM’s partners reveal several candid observations that reflect how our current means of addressing sexual misconduct on college campuses fail all parties involved.

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  • Thoughts on Guilt, Innocence, and Due Process from ‘Unlearning Liberty’

    May 9, 2014

    Since the White House Task Force to Protect Students from Sexual Assault released its first report (PDF) last week, numerous observers have warned that its recommendations, if implemented on university campuses, would endanger the due process rights of students accused of sexual misconduct. In his book Unlearning Liberty: Campus Censorship and the End of American Debate, FIRE President Greg Lukianoff previously explained the importance of applying due process standards to university disciplinary procedures in all cases, including accusations of sexual assault.

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  • ‘USA Today’ Editorial Board: Treat Rape as Crime, Not Violation of Campus Rules

    May 8, 2014

    On Tuesday, USA Today’s Editorial Board explained why it is imperative that law enforcement be involved in campus sexual assault cases, arguing that an effective solution to sexual assault in college “requires treating rape as a crime, not as a violation of campus rules.”

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  • FIRE Critiques White House Task Force’s Recommendations at ‘National Review Online’ and ‘Huffington Post’

    May 8, 2014

    FIRE’s Samantha Harris has an excellent op-ed today at National Review Online responding to the report released last week (PDF) by the White House Task Force to Protect Students from Sexual Assault. As FIRE has pointed out since the report and its ancillary materials were released, the Task Force’s guidelines to colleges and universities threaten the due process rights of students accused of sexual assault and sexual harassment and invest in a broken system despite the fact that universities have largely proven themselves incapable of adjudicating the serious offenses of sexual assault and rape.

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  • Concern Grows over White House Task Force’s Recommendations

    May 6, 2014

    In the week since the White House Task Force to Protect Students from Sexual Assault released its first report, commentators nationwide have echoed FIRE’s concerns about the Task Force’s recommendations.

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  • Due Process and Clarity Suffer in Feds’ Push to Address Campus Sexual Assault

    May 1, 2014

    Like many others, I grew up watching the shows produced by Boston PBS megastation WGBH. I was therefore excited to have an op-ed column published by that station today about the due process and clarity problems presented by the recommendations in Tuesday’s report from the White House Task Force to Protect Students from Sexual Assault.

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  • FIRE Responds to White House Task Force’s First Report on Campus Sexual Assault

    April 29, 2014

    Three months after its creation, the White House Task Force to Protect Students from Sexual Assault issued its first report today. Titled “Not Alone” and accompanied by a new website, NotAlone.gov, the report announces new recommended practices for colleges and universities nationwide, including a template for “campus climate surveys,” a model sexual misconduct policy, and a sample confidentiality policy. The report is accompanied by the issuance of a new guidance document regarding Title IX from the Department of Education’s Office for Civil Rights. Taken together, the Task Force’s recommendations double down on a broken campus judicial system and raise troubling new concerns about the impartiality and fundamental fairness of campus proceedings.

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