Lawsuits: University sexual misconduct policies slanted in favor of women

Article here. Excerpt:

'A University of Cincinnati senior football player who was suspended over what he says was a false sexual misconduct allegation filed a lawsuit against the school on Wednesday over its handling of the case.

This is the latest in several lawsuits filed by students against Ohio colleges and universities this year claiming that strict sexual misconduct policies are slanted in favor of female accusers. They claim the U.S. Department of Education’s crackdown on campus sexual assaults has forced schools to create unfair policies or risk losing federal funding.

“No student who has been accused of serious sexual misconduct at UC has ever been exonerated. You can’t win,” said Joshua Engel, an attorney for the football player, who is identified as John Doe in the lawsuit.

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Student Sued Over False Sexual Assault Accusations

Story here. Excerpt:

'A former San Diego State University student accused of sexual assault last December has announced plans to bring a lawsuit against the institution after charges were dropped and the student’s suspension was lifted.

Francisco Sousa, a transfer student from Portugal, faced charges of forcible oral copulation with force and false imprisonment with force before the District Attorney determined the charges could not be proven beyond reasonable doubt, according to an April report in the University’s newspaper the Daily Aztec.

Sousa has now said he will seek not only monetary damages from the University, but also an apology from officials for sending an all-campus email that informed the University community that he had been arrested 10 News reported. Sousa’s suspension was lifted when the university determined the sexual misconduct allegations were unsubstantiated.

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Another accused student tries Title IX as a club to beat the hell out of his college

Article here. Excerpt:

'College Fix readers are undoubtedly aware of the Occidental College sexual-assault case, which we’ve covered several times as a prime example of the near-impossibility of male students defending themselves against accusations even when hard evidence is solidly in their favor.

Even when their accusers appear to have initiated sexual relations.

One due-process lawsuit and one Department of Education complaint later, the accused student “John Doe” has filed a second lawsuit against Occidental, this time claiming it discriminated against him based on his gender, City News Service reports:

`The current suit alleges Title IX violations and maintains Occidental’s discipline of Doe occurred in part because of “internal and external forces demanding Occidental find more male students responsible for sexually assaulting female students.”

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Barrister Charlotte Proudman called friends 'sexy' and 'hot stuff' on Facebook

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'The barrister who exposed a senior lawyer who she accused of sending her sexist messages has previously commented on pictures of friends online, calling them 'sexy' and 'hot stuff'.

Charlotte Proudman, 27, posted screenshots on twitter of 'misogynistic' messages from Alexander Carter-Silk, a senior partner in a top London firm who she said had ‘objectified her’ on the professional networking site LinkedIn.

In a response to the married 57-year-old, which she also posted online, she said: "I am on linked-in for business purposes not to be approached about my physical appearance or to be objectified by sexist men."

The Daily Mail has now reported that Ms Proudman, who is also studying for a PhD at Cambridge University, has made several comments on pictures of both male and female friends in the past, praising their physical appearance.

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Australia: 'Mansplaining' and Taylor Swift lyrics take on Turnbull

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During question time in parliament on Wednesday, the new man in charge was accused of "mansplaining" by Labor deputy leader Tanya Plibersek.

Mansplaining is when a man explains something in which he is less of an expert, to a woman who is more so, because he assumes she is ignorant.

Ms Plibersek had asked whether Mr Turnbull could "confirm how much he will restore to the foreign aid programme after the cabinet he was part of cut the budget by $11.3bn dollars" in the last budget.

Mr Turnbull responded: "If the honourable member wanted to get a serious answer she should ask a serious question. If all she's interested in is making an allegation, making a political argument across the dispatch box, that is fine. But it's a complete waste of Question Time."
Unimpressed with the verbal jousting, she replied: "Mr Speaker, I'd rather have an answer than the mansplaining by the prime minister."

Within minutes, "mansplaining" was trending on Twitter in Australia, winning Ms Plibersek - and the word itself - both fans and critics.'

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Australia: "Domestic Violence Protections for the [SA] Tenancy Sector"

Link here.

Excerpt from the Information Paper:

'Australian women are most likely to experience physical and sexual violence in their home, at the hand of a male current or ex-partner. For 62% of women who had experienced physical assault by a male perpetrator, the most recent incident was in their home.

The Weatherill Government has made a strong commitment to addressing domestic violence in our community. Last year, the Premier reaffirmed domestic violence prevention as a priority for this Government with the release of the ‘Taking A Stand – Responding to Domestic Violence’ paper. Since then, the Government has embarked on a series of initiatives to address domestic violence in our community. To build on these initiatives, the Government is pursuing changes to strengthen the level of protection afforded to victims of domestic violence in the tenancy sector.

The proposed changes will recognise domestic violence in our tenancy legislation, and provide further protections for victims in the tenancy sector, including rooming house residents, to either continue in the tenancy without the perpetrator, leave the tenancy and no longer be liable for the premises, or terminate the tenancy altogether. The South Australian Civil and Administrative Tribunal (SACAT) will be empowered to determine that one or more, but not all co-tenants, are liable for compensation to the landlord and order that the bond be paid to the landlord and any co-tenants not liable for compensation as it thinks fit, but not so as to unduly disadvantage the landlord.
...

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Affirmative consent policies debated on campuses

Article here. Excerpt:

'Legal scholars across the nation have spoken out against affirmative consent sexual misconduct policies implemented at many universities, including LSU, with proponents of the policy saying it bolsters the fight against rape culture at college campuses.

Affirmative consent, as it applies to sexual misconduct policy, means a person who initiates sexual contact must hear “yes” from the other person before engaging in a sexual act, said Morgan Lamandre, Vice President of Survivor Services at Sexual Trauma Awareness and Response in Baton Rouge.

Former American Civil Liberties Union President Nadine Strossen recently said the policy violates rights of due process, according to a news release from Stop Abusive and Violent Environments.

“They reverse the usual presumption of innocence,” Strossen said. “Unless the guy can prove that his sexual partner affirmatively consented to every single contact, he is presumed guilty of sexual misconduct.”'

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"Yes Means Yes" Bills to be Introduced

Article here. Excerpt:

'"No Means No" could soon change to "Yes Means Yes." Some local lawmakers proposed that bill on Tuesday, hoping it could help prevent sexual assaults on campus.

The general idea is anything less than yes, should mean no when it comes to sexual assault.

"It's not about what she wore, it's not about what she drank, it's about whether or not the perpetrator got consent and it was a mutual interaction," said Erin Roberts, Executive Director of E.V.E.

Working with victims Roberts says that distinction makes a big difference. Which is why she supports "Yes means Yes" -- meaning that only a sober yes on both sides counts as consent.
...
Police officers who investigate sexual assault cases say this could change investigations because it creates a clearer standard for holding perpetrators accountable.'

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Hillary Clinton uses sexual assault to win votes

Article here. Excerpt:

'Hillary Rodham Clinton is once again pandering to women with her three-pronged proposal to end the “epidemic” of campus sexual assault, but Mrs. Clinton’s own actions directly contradict her newly released plan.

“It is not enough to condemn campus sexual assault. We need to end campus sexual assault,” Mrs. Clinton said to a group of supporters on Monday at the University of Northern Iowa.

But while the former secretary of state claims to be fighting a sexual assault “epidemic” on college campuses, what she is really fighting for are female votes.

“To every survivor of sexual assault … You have the right to be heard. You have the right to be believed. We’re with you,” Mrs. Clinton tweeted out on Monday.

Mrs. Clinton’s newly proposed standard violates the most sacred principle of the American criminal justice system, innocent until proven guilty.'

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Rep. Jared Polis did not misspeak, he just doesn't like the backlash

Article here. Excerpt:

'Colorado Congressman Jared Polis claimed in his local newspaper that he "misspoke" when he called for innocent college students to be expelled simply for being accused of sexual assault.

He can claim whatever he wants, but his actions last week tell a far different story than that of someone who merely didn't choose his words carefully.

First, we have to go back to his original statement, made during a House hearing on campus sexual assault. During a back-and-forth with a panelist advocating for due process rights for students accused of sexual assault, Polis said it's better to throw out accused students even if they're likely innocent, just in case.'

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Bernie Sanders signs on to campus sexual assault bill day after Clinton’s high-profile speech

Article here. Excerpt:

'The same week Democratic presidential candidate Hillary Clinton made a high-profile speech saying that sexual-assault accusers have “the right to be believed” and calling for more campus resources to help alleged victims, her chief rival for the nomination appears to have quietly responded.

Sen. Bernie Sanders, I-Vt., is the first new cosponsor in nearly two months of the Campus Accountability and Safety Act (S-590). Congress.gov says he signed on to the bill Tuesday, just a day after Clinton’s speech at the University of Northern Iowa.

It’s a toe in the water for Sanders, who had to explain this spring why he wrote a “rape fantasy” essay in 1972 for a Vermont alt rag. He’s beenawfully easy on Clinton as well, neglecting to point out the perceived hypocrisy in her “right to be believed” remarks when her husband, former President Bill Clinton, has been repeatedly accused of sexual assault.'

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Michigan Admits It Screwed Up By Suspending Student For Rape

Article here. Excerpt:

'The University of Michigan has become the latest school to vacate a sexual assault judgment against a student due to legal pressure.

Drew Sterrett was a student at Michigan until 2012, when a school hearing found him responsible for sexually assaulting a fellow student. Rather than take the judgement lying down, Sterrett sued Michigan in federal court in 2014, arguing the school’s hearing process deprived him of his due process rights.

Sterrett’s case had much in common with other controversial college sexual assault cases. Sterrett had exculpatory evidence at the time, via a text from his roommate, that the sex between him and another student (identified as ‘CB’) was consensual. Not only that, but after their encounter in March 2012, no complaint was filed until the following August, and Sterrett was found responsible without ever being allowed to question his accuser or see the claims against him in writing. Sterrett also never faced any criminal charges.'

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Teen charged with encouraging her boyfriend to kill himself

Story here. Excerpt:

'At first glance, the text messages appear to show a disturbing case of cyberbullying: one teen urging another to kill himself.

But the texts were not sent by a school bully. They were from a 17-year-old girl to her boyfriend, whom she called the love of her life.

"You can't think about it. You just have to do it. You said you were gonna do it. Like I don't get why you aren't," Michelle Carter allegedly wrote to Conrad Roy III the day he parked his truck outside a Fairhaven Kmart and killed himself through carbon monoxide poisoning.

Prosecutors have charged Carter with involuntary manslaughter in Roy's 2014 death. They say that in the week before Roy killed himself, Carter assisted by urging him to overcome his doubts about taking his own life, pressuring him to do it and even telling him to get back in his truck after becoming frightened that the plan was working.

Carter's lawyer has strenuously denied that she pushed him to kill himself and has asked a judge to dismiss the case.'

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Kathleen Willey slams Hillary’s new sex assault survivors ad

Article here. Excerpt:

'Hillary Clinton believes victims of sexual assault have “a right to be believed.” Except, of course, if the accusations are made against her husband and could complicate her political aspirations.

In Clinton’s new web ad, titled “Hillary’s Message to Survivors of Sexual Assault,” the candidate claims:

"I want to send a message to every survivor of sexual assault.

Don’t let anyone silence your voice. You have a right to be heard. You have a right to be believed. We’re with you."

But that’s a very different message Kathleen Willey received in 1993 when she accused Hillary’s husband, President Bill Clinton, of sexually assaulting her.

“She believed what happened for sure,” Willey tells The American Mirror. “She just chose to ignore the plight of all of his victims, thus enabling him to continue to abuse and rape women in the future.”'

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Boy arrested for bringing clock to school

Story here. Excerpt:

'Texas police have decided not to charge a 14-year-old Muslim boy who was arrested for bringing a homemade clock to school.

Officials at MacArthur High School in Irving alerted police because they thought the device was a "hoax bomb".

Ahmed Mohamed's arrest has been sharply criticised, and the boy has received an outpouring of support including an invitation to the White House.

Ahmed's family believes he was detained because of his name.

"We have always had an outstanding relationship with the Muslim community," Irving Police Department chief Larry Boyd said on Wednesday. "Incidents like this present challenges. We want to learn how we can move forward and turn this into a positive."

The boy was placed in handcuffs and fingerprinted before he was released after it was determined there was no threat.'

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