CNN Transcript

January 14, 2001

Transcript, originally aired January 14, 2001

ANNOUNCER: Coming up, colleges and campus crime. Are universities dispensing justice by dispensing with due process?

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ANNOUNCER: When CNN & TIME continues.

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Here's Kathy Slobogin.

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SCHAER: There was no question when I went in that room that because I was accused they had to find me guilty of something.

P. SCHAER: Nobody warns you. No one tells you that when you attend these schools you're giving away your rights.

HALVORSSEN: David Schaer is the victim of one of the most horrible kangaroo courts in existence.

These are only the cases we actually have case files for.

SLOBOGIN: He says in one year more than 400 students have contacted him for help.

HALVORSSEN: There are hundreds of universities out there that have these problems.

SCHAER: We had attempted to have intercourse.

SLOBOGIN: Consensual?

SCHAER: Yes. I mean, she gave me the condom.

Schaer says it was consensual.

At any point this evening did she say, "I don't want to have sex tonight?"

SCHAER: I don't believe she ever did.

SLOBOGIN: Was she ever asleep, unconscious, out of it?

SCHAER: I couldn't believe some of the stuff that went on at that hearing.

SCHAER: We had gone from a campus that had reported I think three or four acts of unwanted sex a year to three in one month.

DAVID LIPTON, ATTORNEY: David Schaer went into this proceeding like a lamb to the slaughter.

SLOBOGIN: The Schaer family hired attorney David Lipton to sue Brandies, claiming David Schaer's civil rights were violated.

SLOBOGIN: Attorney Alan Rose defended Brandeis.

So, a man could be subject to a sexual misconduct charge if he has sex with a woman who has had a drink, even if she said yes?

SARAH RICHARDSON, STUDENTS ACTIVE FOR ENDING RAPE: We feel that this policy as a great step forward.

SLOBOGIN: Are you confident that this process is fair to the accused?

PATRICIA CATAPANO, ASSOCIATE GENERAL COUNSEL, COLUMBIA UNIVERSITY: Yes I am.

Why does a university have a different set of rules?

HALVORSSEN: That's hogwash. You do not try someone for rape and say this is educational.

SLOBOGIN: David Schaer says he can't leave behind the ordeal of his campus conviction.

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ANNOUNCER: For more reporting of this kind, read TIME magazine this week...

Schools: Brandeis University Cases: Brandeis University: Refusal to Provide Due Process to Person Accused of Sex Offense