Yanking Of Due Process Leads To Sue Process In Campus Sexual Assault Cases
Not surprisingly, some of the men on campus who were denied their due process rights when accused of sexual assault are not going quietly.
The Obama administration forced schools to set up kangaroo courts on campus, leading to the expulsion of some students under "standards" of evidence that would never fly in an actual court.
Ashe Schow writes at Wash Ex that, predictably, some of these students are now suing, which means that colleges are paying for the results of the sick the edict forced on them by the Obama administration:
A Voice for Male Students has compiled a list of 57 lawsuits against universities for such acts. By comparison, the Department of Education's Office for Civil Rights is investigating nearly 100 complaints filed by students claiming they were sexually assaulted and their allegations mishandled.Two weeks ago, Saint Joseph's University settled a lawsuit filed by a student claiming he was expelled due without adequate due process. That settlement, too, was confidential.
In November 2014, Swarthmore College settled with a student who had his case re-opened after the Department of Education began investigating two non-related cases at the university. In the original investigation, no charges were brought against the student. But months later, when the case was re-opened, a fast-tracked hearing found him guilty of sexual misconduct.
In addition to these recent cases, 14 other students (from the list of 57) have settled with their universities following lawsuits and another seven had their school rulings overturned or received favorable rulings on certain counts of their lawsuits.
In eight cases, courts ruled against the students.
So government lays down edicts and men end up paying with their futures -- stripped of the rights they'd have in the justice system -- and then colleges get socked with lawsuits and pay in dollars to the students who have been ruined by a system they were forced into by the government.
More and more, this country is operating on the principle you see in communist countries of "anyway you slice it, you're fucked."
Sounds like the only guaranteed true winners out of this are lawyers.
It will be a big payday for them.
Joe J at January 27, 2015 10:08 PM
Well, the way I see it is that most colleges didn't do much to fight the new rules (many seemed to have been more than willing to embrace them). So it is very fitting that they get hit with lawsuits and have to pay.
The problem is, as Joe said, the only guaranteed winners are the lawyers. Be assured that whatever the schools have to pay out will be re-claimed by raising tuition.
charles at January 28, 2015 3:41 AM
No, the universities also win out.
They can always raise tuition.
And they're not losing their federal funding. The math is easy: losing a lawsuit <<< losing federal funding.
In fact, I'd go out on a limb to say those loses are just a rounding error, especially in research-heavy universities.
I R A Darth Aggie at January 28, 2015 7:20 AM
Besides, the colleges expect that leftie-dominated appeals courts will soon make all these cases fade away.
dee nile at January 28, 2015 7:26 AM
What these guys need to do is sue charging conspiracy to defraud and sue for damages in excess of the federal funding
Isab you are a lawyer would that be possible?
lujlp at January 28, 2015 12:08 PM
For any school wanting to get out of sex policing there is a simple solution. Get off the federal dole! All of these requirements are based on the denial of federal funds.
I can't pity the universities that sold their soul.
Ben at January 28, 2015 12:18 PM
What these guys need to do is sue charging conspiracy to defraud and sue for damages in excess of the federal funding
Isab you are a lawyer would that be possible?
Posted by: lujlp at January 28, 2015 12:08 PM
It is possible to sue, and allege almost anything.
You are unlikely to prevail, since the Universities have the perfect defense. They were following a government regulation on an interpretation of Title X.
I agree with Ben, the only viable solution is to get federal money out of higher Ed, but that is easier said than done.
They have their hooks in pretty deep.
Isab at January 28, 2015 12:34 PM
Hopefully, the courts will strike down this unfair standard, giving the Obama administration a much-needed reprimand.
Patrick at January 28, 2015 3:24 PM
"Besides, the colleges expect that leftie-dominated appeals courts will soon make all these cases fade away."
That's okay, the righty-dominated Supreme Court will make it all better!
Gog_Magog_Carpet_Reclaimers at January 29, 2015 12:23 PM
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