KC Johnson Amid the Hecklers

Thanks to an invitation from the George Washington Forum, I had the opportunity last week to speak at Ohio University on due process and campus sexual assault. I made two primary arguments: first (citing how Duke responded to the lacrosse case), I challenged the idea that universities are somehow biased against sexual assault accusers, much … Continue reading KC Johnson Amid the Hecklers

Can Colleges Punish Students for Off-Campus, Non-Criminal Behavior?

A federal district court in Ohio made an interesting ruling Wednesday in a lawsuit filed against Case Western Medical School by a student who had not reported his DWI arrest to school administraators. The issue was somewhat afield from the current debates about due process in higher education, but the reasoning of Judge James Gwin, … Continue reading Can Colleges Punish Students for Off-Campus, Non-Criminal Behavior?

A College with Strange Sex Misconduct Hearings
(‘No’ Means ‘No,’ and ‘Yes’ Can Mean ‘No’ Too)

Wayward reporter Richard Perez–Pena, who covers campus sex codes and hearings for the New York Times, recently examined events at four campuses: Amherst, Yale, the University of North Carolina, and Occidental, offering readers positive portraits of “activists” who seek to decimate due process protections for students accused of sexual assault. A hallmark of the Times‘ coverage of college sexual assault questions has … Continue reading A College with Strange Sex Misconduct Hearings
(‘No’ Means ‘No,’ and ‘Yes’ Can Mean ‘No’ Too)

Yale’s Bizarre Sexual Misconduct Hearings

In early 2012, Yale University admitted that its campus grounds are a hotbed of violent crime–far more dangerous, in fact, than the surrounding high-crime areas of New Haven. That, at least, was the finding of a document produced by Deputy Provost Stephanie Spangler, who claimed to offer a “comprehensive, semi-annual report of complaints of sexual … Continue reading Yale’s Bizarre Sexual Misconduct Hearings

Misconduct Hearings on Campus Are Rotten and Have to Change

This is the text of a speech given March 28, 2012 at a Manhattan Institute luncheon in New York City.                                                                       *** I began representing students in 1969. A group of Harvard students took over University Hall in an anti-Vietnam War protest. There was a lot of violence, President Pusey called in the police, and … Continue reading Misconduct Hearings on Campus Are Rotten and Have to Change

‘Feelings’ as the Measure of Student Misconduct

Two of our best writers here at Minding the Campus, KC Johnson and Harvey Silverglate, spoke quite brilliantly at a Manhattan Institute luncheon last Wednesday on “Kangaroo Courts: Yale, Duke and Student Rights.” It is, in our opinion, the best possible short course for understanding the star-chamber proceedings that students face these days at campuses … Continue reading ‘Feelings’ as the Measure of Student Misconduct

The Curious Provisions of the Rolling Stone Settlement

Rolling Stone magazine recently settled a defamation lawsuit over their falsely reported article about a gang rape at UVA’s Phi Kappa Psi fraternity. The $1.65 million settlement seems like a win/win for the two parties. It’s hardly surprising that Rolling Stone settled. If the magazine couldn’t prevail against Dean Nicole Eramo, it certainly faced a … Continue reading The Curious Provisions of the Rolling Stone Settlement

An imperfect Way to Fight Unfair Sexual Accusations

Too often on campus, the best chance for a wrongfully accused student to achieve justice involves a lawsuit after the campus tribunal has done its worst. A system that uses the lowest standard of proof, allows accusers to appeal not-guilty findings, lacks mechanisms for mandatory discovery of exculpatory evidence, denies meaningful (or any) representation by … Continue reading An imperfect Way to Fight Unfair Sexual Accusations

Middlebury Student Government Says No to Free Speech

Middlebury’s response to the disruption of Charles Murray’s invited campus address—followed by the protesters assaulting and injuring Professor Alison Stanger, moderator for the talk—offered little ground for optimism. A statement from the college implied that evidence (albeit ambiguous evidence) existed suggesting that some professors violated the Faculty Handbook in the pre-disruption period. The disruptors themselves … Continue reading Middlebury Student Government Says No to Free Speech

The Kipnis Lawsuit Seeks to Muzzle the Truth

The lawsuit filed by Northwestern Title IX accuser “Nola Hartley” against best-selling author Laura Kipnis (Unwanted Advances) has attracted substantial attention from both the mainstream media and from commentators; the two best pieces (taking differing approaches to the lawsuit’s merits) come from Robby Soave and Michelle Goldberg. The Kipnis book looks primarily at four cases—one … Continue reading The Kipnis Lawsuit Seeks to Muzzle the Truth

A Judge Catches Notre Dame Acting Badly in a Title IX Case

Notre Dame stands to lose a Title IX case in an unusual flurry of kangaroo court blunders. It “investigated” the case and came away only with the female’s hostile emails, none of her loving ones (knowing that many emails were missing). When the male contemplated suicide, Notre Dame interpreted those thoughts as “dating violence,” and … Continue reading A Judge Catches Notre Dame Acting Badly in a Title IX Case

Do Free Speech Students Outnumber the Snowflakes?

As Middlebury initiated what appears to be token punishments (single-term probation) for the students who disrupted the Charles Murray talk, the college’s student government (which has yet to condemn the disruptors in any way) passed a resolution demanding that Middlebury cease all punishment of students under the current college disciplinary code, lest they “contribute to … Continue reading Do Free Speech Students Outnumber the Snowflakes?

CUNY Union Calls for Faculty to Teach Controversial Anti-Trump ‘Resistance’

Imagine if the CUNY administration had issued a general message to all CUNY faculty last year, asking them to “teach resistance” in one of their classes, to focus a “discussion of the [Obama] administration policies relevant to their subject.” Such a move would have been seen as a clear transgression of academic freedom and would have … Continue reading CUNY Union Calls for Faculty to Teach Controversial Anti-Trump ‘Resistance’

The Office of Civil Rights Is Still Out of Control

As it left office last year, Barack Obama’s administration made one final move in its crusade against campus due process: it requested a massive increase—$30.7 million, or 28.7 percent—in funding for the Office for Civil Rights (OCR). The previous year, at a time when discretionary federal spending was barely rising, the office had received a … Continue reading The Office of Civil Rights Is Still Out of Control

Duke Reports a Sexual Assault Rate 5 X as High as Our Most Dangerous City

Over the last few years, we have become all but immune to what, under any other circumstances, would be a fantastic claim—that one in five female undergraduates will be victims of sexual assault. This rate would translate to several hundreds of thousands of violent crime victims (with almost all of the incidents unnoticed) annually, and, … Continue reading Duke Reports a Sexual Assault Rate 5 X as High as Our Most Dangerous City

False Rape Reports in Sacred Heart

Last week featured a rarity—the filing of criminal charges against a campus sexual assault accuser. Ashe Schow has a full write-up of the case, which originated when a Sacred Heart University student named Nikki Yovino accused two of the university’s football players of sexually assaulting her. An affidavit prepared by the local police indicated that the … Continue reading False Rape Reports in Sacred Heart

Panic Over Sex Assault ‘Crime Wave’ Overtakes Yale

In a 2012 resolution agreement with the Office for Civil Rights, Yale became the nation’s only university required to document all sexual assault allegations on campus. The reports, prepared by Yale deputy provost Stephanie Spangler, are generally bare-bones (and became even more so last year after Spangler announced she’d decided to supply less information about … Continue reading Panic Over Sex Assault ‘Crime Wave’ Overtakes Yale

The Downgrading of American History

A little more than a decade ago, I commented on the “re-visioning” of American history—the transformation of “traditional” sub-disciplines such as U.S. political, diplomatic, or military history to have them focus on the themes of race, class, and gender (and, now, ethnicity) that have come to dominate the field. A more recent development, documented by … Continue reading The Downgrading of American History

There Is No Campus Rape Epidemic, But a Lot of Media Malpractice

By KC Johnson and Stuart Taylor Jr. This is an excerpt from the new book, The Campus Rape Frenzy, the Attack on Due Process at America’s Universities by KC Johnson and Stuart Taylor Jr. The New York Times’ coverage of alleged sexual assault on college campuses “seems of a piece with the leftist bias I … Continue reading There Is No Campus Rape Epidemic, But a Lot of Media Malpractice

DeVos Attacked for Civil Liberties Donations

Betsy DeVos, who was nominated to be the Education Secretary, has been attacked because she and her husband made donations to a civil-liberties group, the Foundation for Individual Rights in Education. FIRE is “a nonpartisan organization that defends free speech, religious liberty, and due process on college campuses.” The DeVos family donations drew criticism from … Continue reading DeVos Attacked for Civil Liberties Donations

Obama OCR Moves to Deter Any Trump Reform

As the Obama administration draws to a close, opponents of campus due process have launched an aggressive public relations campaign on behalf of their agenda, lest change comes with a new regime in the White House. The highest-profile effort came from Joe Biden, who penned an open letter to the presidents of the nation’s colleges … Continue reading Obama OCR Moves to Deter Any Trump Reform

Due Process Wins a Battle Against a University’s Kangaroo Court

Though federal judges tend to uphold a lot of unjust campus decisions in sex-assault cases, Judge Elizabeth Dillon, an Obama appointee, proved on December 23 that some campus procedures are just too outrageous to survive judicial review. The judge’s due process ruling came in a case out of James Madison University. (You can read her … Continue reading Due Process Wins a Battle Against a University’s Kangaroo Court

Unfairness in the Minnesota Football Rape Case

We don’t normally think of college athletes as prominent defenders of due process. Yet perhaps the highest-profile protest against the post-Dear Colleague letter demise of campus due process came last week at the University of Minnesota. Its emergence, the reaction to it, and its quick collapse speaks volumes about the relationship between due process and … Continue reading Unfairness in the Minnesota Football Rape Case

How Governor Andrew Cuomo Is Weakening CUNY

I’ve worked at CUNY under four governors—George Pataki, Elliot Spitzer, David Paterson, and Andrew Cuomo. Pataki (and state Senate Republicans) didn’t allocate to the institution sufficient funding. But he was by far the best governor of the four for CUNY. Pataki appointed a superbly-qualified chairman of the Board of Trustees, Benno Schmidt. He named other … Continue reading How Governor Andrew Cuomo Is Weakening CUNY

The Title IX Mess—Will It Be Reformed?

Since 2011, the federal government has made successful and devastating efforts to undermine civil liberties on campuses. The surprise outcome of the presidential election raises at least the possibility that this illicit campaign, based on a vast extension of Title IX, will be reversed. Thousands of students accused of sexual misconduct but denied due process … Continue reading The Title IX Mess—Will It Be Reformed?