Category: Due Process
Schools:
University of North Dakota
UND Letter to FIRE, May 20, 2011
Grand Forks Police Report, December 14, 2009
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College Facing Trial for Branding Innocent Student ‘Rapist’
March 14, 2014
By Bob Unruh at WND.com A federal judge has ruled that a series of claims by a student-athlete against his school will go to trial after he was branded a rapist during a campus hearing even though a local prosecutor who investigated said the case should be dropped. A ruling from U.S. District Judge Arthur Spiegel rejected the request by Xavier University to toss the entire case. It ordered a trial on claims by Dezmine Wells regarding breach of contract, intentional infliction of emotional distress, libel through injury to his personal reputation, his profession reputation and with malice, negligence and discrimination. The […]
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Falsely accused of rape?
October 31, 2013
by Timothy Bella For Caleb Warner, weekends still revolve around sports and hanging out with his friends. But life hasn’t been so carefree in the four years since he met a young woman. “We met at a party,” Warner told America Tonight. “And, I don’t know, we just kinda made eye contact. And, you know, one thing led to another.” On Dec. 13, 2009, Warner, then a junior at the University of North Dakota, attended a party thrown by his fraternity, Phi Delta Theta. There, he met a freshman who caught his eye. They played beer pong in the basement […]
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The Politics of Campus Sexual Assault
November 6, 2011
Nearly two years ago, in February 2010, University of North Dakota student Caleb Warner was thrown out of school with a three-year ban on reapplying after a campus disciplinary panel found he had violated criminal laws by sexually assaulting a fellow student. In fact, Warner was never actually charged with a crime in the justice system — but his accuser, Jessica Murray, was. In May of the same year, the Grand Forks, North Dakota police department formally charged her with filling a false report after concluding its investigation. (Murray now resides in California and has never appeared in court to […]
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UND student back at school
November 3, 2011
Back in March I suggested people learn the name Caleb Warner. At the time, he was a former University of North Dakota student. He was kicked out of UND after a woman filed a rape charge against him. Robert Boyd, UND’s vice president of student outreach at the time, made the ruling in February 2010 based on the police report. Boyd, didn’t wait to see if the police actually sought criminal charges against Warner. They never did. Instead the police charged his accuser of making a false report to police. Warner requested a rehearing in July 2010 after the police […]
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SEPARATE STANDARD: UND changes stance after punishing student for crime police won’t charge
October 31, 2011
A disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. The police investigated and, instead, charged his accuser for false report. Though the university reversed sanctions against Warn by Tu-Uyen Tran Grand Forks Herald In February 2010, a disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. He was kicked out and told that he could file an application to come back after three years. Grand Forks Police investigated the case and, instead of charging Warner, charged his accuser Jessica Murray […]
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Wrongly Accused UND Student Will Not Return To UND
October 25, 2011
The mother of a UND student who was falsely accused of sexual assault and kicked out of school says her son will not return to UND. Sherry Warner-Seefeld says her son Caleb Warner just wants to put the incident behind him and get on with his life. Nearly two years after being accused of rape Warner’s expulsion was reversed. Despite being cleared of the charges, Warner wasn’t able to get his expulsion reversed until he brought in the Foundation for Individual Rights in Education to represent his case. He was accused of four violations of the code of student life […]
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At the University of North Dakota, Yes Also Means No
July 21, 2011
Earlier today, Tim Cavanaugh noted that the Department of Education’s Office for Civil Rights (OCR) has instructed colleges that due process in cases involving sexual harassment or assault is inconsistent with federal law. “In order for a school’s grievance procedures to be consistent with the standards in Title IX,” OCR’s head, Russlynn Ali, wrote in an April 4 letter, “the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).” Writing in The Wall Street Journal, Reason contributor Harvey Silverglate suggests that Ali’s missive, which “sends the message that results—not […]
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Yes Means Yes–Except on Campus
July 15, 2011
by Harvey Silverglate in The Wall Street Journal For a glimpse into the treacherous territory of sexual relationships on college campuses, consider the case of Caleb Warner. On Jan. 27, 2010, Mr. Warner learned he was accused of sexual assault by another student at the University of North Dakota. Mr. Warner insisted that the episode, which occurred the month prior, was entirely consensual. No matter to the university: He was charged with violating the student code and suspended for three years. Three months later, state police lodged criminal charges against his accuser for filing a false police report. A warrant for […]
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North Dakota Right to Counsel Bill Clears Key Hurdle
February 13, 2015
Last month, The Torch was pleased to report that a bipartisan bill was introduced in the North Dakota Legislative Assembly to provide students and student organizations at public universities the right to hire lawyers for representation in certain campus disciplinary hearings. More good news: Earlier this week, an amended version of the bill was passed out of the Senate Judiciary Committee and now heads to the Senate Appropriations Committee for a hearing on Tuesday morning. The bill states in part: Any student enrolled at an institution under the control of the state board of higher education has the right to […]
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Bipartisan Student Right to Counsel Bill Introduced in North Dakota
January 9, 2015
Colleges and universities aren’t always known for providing meaningful due process to students in hearings where suspension or expulsion is at stake, but that may soon change in North Dakota. Yesterday, state legislators introduced SB 2150, a bill that, if passed, would make North Dakota the second state to grant students enrolled in its public colleges and universities the right to hire lawyers in suspension or expulsion hearings. The bipartisan bill is championed by Senators Ray Holmberg (R), Kelly Armstrong (R), and Jonathan Casper (R), as well as Representatives Lois Delmore (D), Mary Johnson (R), and Diane Larson (R). It […]
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Emily Yoffe on ‘The College Rape Overcorrection’
December 8, 2014
Emily Yoffe has thoroughly examined and thoughtfully considered the complex issue of how colleges and universities handle allegations of sexual assault, and the result is a must-read article published yesterday in Slate. Yoffe starts by detailing the case of Drew Sterrett, a former University of Michigan student who is claiming in a lawsuit (PDF) against the university that it punished him for an alleged sexual assault without a fair hearing and despite significant exculpatory evidence. This account may not surprise readers familiar with John Doe’s pseudonymous lawsuit against Occidental College (which Yoffe also discusses in her piece), or the case […]
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What Ezra Klein Gets Wrong about the ‘Yes Means Yes’ Law in California
October 17, 2014
On Monday, Vox co-founder Ezra Klein penned an op-ed about how he firmly supported the affirmative consent bill recently passed in California despite his candid acknowledgment that the bill was in fact “terrible.” The general tenor of his column, which I discussed in The Daily Caller yesterday, was that you can’t make an omelet without breaking a few eggs—the eggs being people unjustly found guilty of rape. Critics on the left and the right were equally appalled, as well they—or anyone concerned with civil liberties—should have been. Under this barrage of well-deserved criticism, Klein returned with a longer piece yesterday, […]
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NPR’s ‘Morning Edition’ and ‘Chronicle of Higher Education’ on Campus Sexual Assault and Due Process
September 3, 2014
National Public Radio’s (NPR’s) Tovia Smith spoke with both due process advocates and victims’ rights advocates on “Morning Edition” today, illuminating the serious problem of college students who are accused of sexual assault being denied a fair hearing. The report included comments from FIRE’s Robert Shibley, claimants’ attorney Colby Bruno, an unnamed former student at the University of Massachusetts, Amherst, who was expelled for an alleged sexual assault, and several others.
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New Organization Founded to Promote Due Process on Campus
July 15, 2014
FIRE is pleased to announce the launch of a new organization, Families Advocating for Campus Equality (FACE), dedicated to defending due process on campus. FACE president and co-founder Sherry Warner Seefeld is the mother of Caleb Warner, who was falsely found responsible for sexual assault by the University of North Dakota in one of FIRE’s best-known due process cases. Co-founders Judith Grossman and Allison Strange are mothers with similar experiences. FIRE looks forward to working with FACE on due process issues in the years to come.
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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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“My son was falsely accused of rape”
February 18, 2014
In an email to FIRE supporters today, Sherry Warner-Seefeld, mother of Caleb Warner, writes about her son’s experience when he was wrongfully accused and found guilty of sexual assault by administrators at the University of North Dakota. We wanted to share Sherry’s words with Torch readers as a reminder of how important—and under attack—due process rights on campus are.
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Al Jazeera America Series on Campus Sexual Assault Highlights All Victims of the Broken University Disciplinary System
November 1, 2013
Last week, the flagship news magazine program on Al Jazeera America, America Tonight, broadcast a series of reports about the issue of sexual assault on college campuses, ending with a town hall discussion on this critically important subject. In a fair, thorough portrayal of the issues involved, America Tonight put together in-depth segments on the experiences of sexual assault victims, the fraternity culture on campus, and how sexual predators use alcohol as a tool to incapacitate their victims. These reports should be required viewing for anyone who is on a college campus or who has a child there. America Tonight also did an in-depth report about Caleb Warner, the student who was […]
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AP: Sexual Assault Claims on Campus a ‘Legal Minefield’
April 23, 2012
This weekend, Justin Pope of the Associated Press came out with a pair of thorough and insightful articles about the “legal minefield” in which universities currently find themselves when it comes to addressing claims of sexual assault on campus. As Pope explains, Typically, colleges enjoy wide leeway in responding to student misconduct, whether that means using a disciplinary board to enforce their own rules or simply punting the matter to law enforcement. But as Title IX is now interpreted — and would be reinforced under a new version of the Violence Against Women Act awaiting a Senate vote — colleges […]
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Cathy Young Highlights New Threats to Due Process on Campus
November 7, 2011
Writing for RealClearPolitics, columnist Cathy Young details the threats to due process rights for students accused of sexual harassment and sexual assault presented by recent guidance from the Department of Education’s Office for Civil Rights (OCR) and a new draft of a bill to reauthorize the Violence Against Women Act (VAWA). Young uses FIRE’s recent victory at the University of North Dakota on behalf of student Caleb Warner as a frame to evaluate the reduced evidentiary standard mandated by OCR—a standard that would be enshrined in federal law, were the VAWA draft currently circulating on Capitol Hill to pass: Nearly […]
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‘Grand Forks Herald’ on Caleb Warner’s University of North Dakota Nightmare
November 1, 2011
The Grand Forks Herald published an article yesterday by reporter Tu-Uyen Tran about former University of North Dakota (UND) student Caleb Warner’s due process nightmare. Warner’s ordeal, which finally ended last month, began when a female UND student accused him of sexual assault following a sexual encounter that Warner believed to be consensual. Following a disciplinary hearing that employed the low “preponderance of the evidence” standard, Warner was found guilty of sexual assault by UND and suspended for three years. Meanwhile, North Dakota law enforcement officers found no evidence of wrongdoing by Warner. Instead, they charged Warner’s accuser with filing […]
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Caleb Warner Not Returning to University of North Dakota
October 31, 2011
WDAY Channel 6 News out of Fargo, N.D., is reporting that student Caleb Warner will not be returning to school at the University of North Dakota (UND). For those who are new to The Torch, Warner was found guilty of sexual assault by a UND campus court in February 2010, despite the fact that the Grand Forks police who investigated the case not only refused to charge Warner with sexual assault, but actually charged his accuser with making a false report to law enforcement about the incident. Nevertheless, UND refused to reexamine its finding on Caleb Warner for nearly a […]
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SEPARATE STANDARD: UND changes stance after punishing student for crime police won’t charge
October 31, 2011
A disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. The police investigated and, instead, charged his accuser for false report. Though the university reversed sanctions against Warn by Tu-Uyen Tran Grand Forks Herald In February 2010, a disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. He was kicked out and told that he could file an application to come back after three years. Grand Forks Police investigated the case and, instead of charging Warner, charged his accuser Jessica Murray […]
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Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police
October 18, 2011
As FIRE reports in today’s press release, a student convicted of sexual assault and banned from campus by a University of North Dakota (UND) tribunal is free to return to school this week. After a year and a half, UND officials have determined that the university’s finding of guilt against student Caleb Warner was “not substantiated” in the face of the evidence. That same evidence led North Dakota law enforcement to charge Warner’s accuser last year with making a false report to law enforcement-a charge for which she is still wanted by the police. UND finally reexamined Warner’s case only […]
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Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police
October 18, 2011
GRAND FORKS, N.D., October 18, 2011—A student convicted of sexual assault and banned from campus by a University of North Dakota (UND) tribunal is free to return to school this week. After a year and a half, UND officials have determined that the university’s finding of guilt against student Caleb Warner was “not substantiated” in the face of the evidence. That same evidence led North Dakota law enforcement to charge Warner’s accuser last year with making a false report to law enforcement—a charge for which she is still wanted by the police. UND finally reexamined Warner’s case only after the […]
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Former FIRE Intern Nico Perrino Warns of Due Process Decline on Campus
July 21, 2011
Nico Perrino, a 2010 FIRE summer intern and current undergraduate at Indiana University – Bloomington (IUB), has been working to reform IUB’s speech codes since returning to campus from his internship. Today, Nico has a column in the Indiana Daily Student calling attention to the inroads against student due process rights on campus made by the Department of Education’s Office for Civil Rights’ (OCR’s) recent “Dear Colleague” letter. Nico writes in his column: The letter, sent to all public institutions of higher education, mandates that universities, which receive federal funding, adopt the “preponderance of evidence” standard when investigating reports of rape […]
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Harvey’s Op-Ed Draws Praise from Cato, Shines Spotlight on Troubling OCR Policy
July 18, 2011
FIRE Co-founder and Chairman Harvey Silverglate’s Friday op-ed in The Wall Street Journal continues to draw attention to the absurd rulings of some campus courts, and underscores the due process concerns raised by schools’ harried attempts to comply with the Department of Education’s Office for Civil Rights’ (OCR’s) mandate to use the “preponderance of the evidence” evidentiary standard. Last Friday, Trevor Burrus, a legal associate with the Cato Institute, wrote a piece for Cato’s blog, Cato@Liberty, praising Harvey and FIRE for “highlighting the emerging problem of due process violations on college campuses.” As Burrus aptly noted, the preponderance of the […]
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In Today’s ‘Wall Street Journal’: University Finds Student Guilty of Sexual Assault While Police Charge Accuser for Lying About It
July 15, 2011
GRAND FORKS, N.D., July 15, 2011—In a stark demonstration of the failure of campus judicial procedures, the University of North Dakota (UND) has found a student guilty of sexual assault despite the fact that local police refused to charge him with a crime and instead charged his accuser for lying about the incident. Former student Caleb Warner has been banned by UND from stepping foot on any state public campus for three years. Meanwhile, his accuser has been wanted by the Grand Forks Sheriff’s Department for more than a year on the charge of making a false report to law […]
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