Tag Archives: civil liberties

Two Lawmakers Vote No to Safe Campus Act

A good rule of thumb when considering campus due process matters: If the Senate’s two most ardent foes of campus civil liberties, Kirsten Gillibrand and Claire McCaskill oppose something, the measure is probably worth a good look. The Safe Campus Act, which recently received criticism from the two senators, deserves more than a look.

It seeks to overturn the Office for Civil Rights mandate that colleges use the preponderance of evidence standard. It also says that while colleges can accommodate sexual assault accusers in any way desired (changing a class schedule, providing counseling, offering extensions on work), schools cannot initiate disciplinary proceedings unless the accusers report the allegation to police. The effect of the provision: ensuring that a student accused of sexual assault is judged on basis of evidence compiled by professionals rather than a campus Title IX bureaucracy,

Related: The Rape Epidemic on Campus Does Not Exis

Given their record on the issue, it’s no surprise that McCaskill and Gillibrand oppose the measure. Their arguments for doing so, however, are remarkable. Here’s McCaskill, in a quote that appeared in both Slate and Huffington Post: “You have this anomaly they’re proposing, where a young woman could be robbed at gunpoint and decide that she wanted to just try to get that person off campus and go to her university and they could take action under Title IX. But if she was raped, she would not be able to do that unless she made the decision to go to the police.”

This statement is strange. Does McCaskill—a former prosecutor—actually believe it would be a good idea for armed robberies to be adjudicated by the campus system? And could she really believe that victims of armed robberies could take action under Title IX? Even OCR has never described armed robbery as a crime that schools must adjudicate under Title IX.

More to the point, does McCaskill believe that student victims of armed robberies are currently being adjudicated through the campus disciplinary process? This is a bit like OCR head Catherine Lhamon’s recent, absurd claim by that campus’s tribunals’ deal with “drug dealing” cases. Imagine the resident Title IX investigator needing to jet off to Mexico to investigate the drug lords supplying her campus.

Related: Suing Over Star Chamber Hearings 

It seems that some foes of The Safe Campus Act are inventing a reality, falsely claiming that college disciplinary proceedings investigate all sorts of violent crimes—drug dealing, armed robbery, perhaps even attempted murder—to justify their calls for colleges to adjudicate the violent crime of sexual assault. In fact, the only serious felony that OCR wants colleges to handle is sexual assault.

Gillibrand, meanwhile, has said that she opposes the Safe Campus Act because the “goal of any campus sexual assault legislation should be to encourage [alleged] survivors to report crimes.” Indeed, it should—and this is exactly what the Safe Campus Act does. This is in contrast to campus rape groups like Know Your IX, with which Gillibrand regularly cooperate, and which have openly discouraged crime victims from going to police, suggesting that accusers who file reports with the “violent criminal legal system” might be deported.

Slate writer Christina Cauterucci is remarkably non-curious as to why sitting U.S. senators could oppose a bill seeking to have more crime victims report their crimes to police. “If the Safe Campus Act were truly about due process,” she muses, “plenty of other students’ rights activists would have rallied behind it.” Really? When has any campus rape group backed meaningful due process—provisions such as mandatory discovery, the right to cross-examination, a rule requiring colleges to turn over exculpatory evidence, allowing the accused student enough time to develop his defense?

Is this the result of imagining a campus reality that doesn’t exist?

The New VAWA–A Threat to College Students

Cross-posted from Open Market.

Provisions are being added to the 1994 Violence Against Women Act that could undermine due process on campus and in criminal cases, as civil liberties groups like the Foundation for Individual Rights in Education (FIRE) and civil libertarians like former ACLU board member Wendy Kaminer have noted. The changes are contained in a reauthorization of the Act that is likely to pass the Senate over objections from some Republican senators like Charles Grassley of Iowa, who has also objected to the lack of safeguards against fraud in the law and the misuse of millions of dollars in taxpayer money. (Even if the Senate’s reauthorization does not pass the House, programs set up by the 1994 law will continue to operate.)

Continue reading The New VAWA–A Threat to College Students

The Times Vilifies Another Athlete, Presenting No Evidence

Over the past year, FIRE has led a campaign of civil liberties
organizations against the Obama administration’s infamous “Dear Colleague”
letter, which ordered colleges and universities to lower the burden of proof in
their on-campus judicial proceedings. The letter demanded that all universities
receiving federal funds employ a “preponderance of the evidence” standard (in
other words, a 50.1 percent degree of certainty) to determine guilt on
allegations of sexual assault.

Given that campus judicial procedures already are tilted,
often wildly so, in favor of sexual-complaint accusers, the letter has produced
a guilty-unless-proven-innocent standard for accused students. In at least one
case, that of Caleb Warner at
the University of North Dakota
, the standard (before FIRE’s involvement)
amounted to guilty even when proved innocent by the local police.

Continue reading The Times Vilifies Another Athlete, Presenting No Evidence

Star Chamber Provision on Campus Dropped

In April, the Department of Education’s Office for Civil Rights outlined a policy shift that represented perhaps the gravest threat to civil liberties on campus in a generation. Worse, Sen. Patrick Leahy inserted a provision in a draft of the Violence Against Women Reauthorization Act of 2011 that would have made the dubious new policy part of federal law. The provision required college students accused of sexual assault to be tried under a weak “preponderance of evidence” standard that would have made it almost impossible for many falsely accused students to clear their names.

Continue reading Star Chamber Provision on Campus Dropped

The Star Chamber Comes to a Campus Near You

As Harvey Silverglate and Kyle Smeallie pointed out in Minding The Campus, the recent letter from the Obama Administration’s Department of Education’s Office for Civil Rights outlines a policy shift that represents perhaps the gravest threat to civil liberties on campus in a generation.

The letter’s provisions would be gravely damaging even in its narrowest possible scope, by confining its tenets to how campuses respond to allegations of sexual assault. In the Chronicle, Christina Hoff Sommers notes that the OCR’s demand that universities use a “preponderance of evidence” standard in adjudicating all campus allegations of sexual assault “advocates procedures that are unjust to men.”

Campus disciplinary procedures already are heavily tilted in favor of the accuser and against the due process rights of the accused; the OCR’s new policy of requiring campuses to independently investigate all allegations of sexual assault (rather than, as should be done, have such matters handled by the criminal justice system) threatens to turn college campuses into Star Chambers.

Continue reading The Star Chamber Comes to a Campus Near You