SAVE: Lawsuits Multiply, Expelled Students Often Prevail in Campus Sex Cases

PRESS RELEASE

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: info@saveservices.org

WASHINGTON / November 9, 2015 – The number of lawsuits filed by students alleging violations of due process in campus sexual assault cases has ballooned in the last two years. And increasingly, courts are ruling in favor of the expelled students. These trends highlight the need for colleges to re-evaluate their sexual assault procedures to assure constitutionally protected rights are respected.

According to the Database of Due Process Lawsuits Against Colleges and Universities, 100 lawsuits have been filed across the country alleging due process and other violations by colleges and universities. Prior to 2014, the annual number of lawsuits remained in the single digits. In 2014, this number jumped to 31. Thus far in 2015, 33 lawsuits have been filed: http://boysmeneducation.com/lawsuits-database/

In the past, courts often upheld the expulsions. But in the past several months, courts have consistently ruled in favor of expelled students, as seen in cases from Washington and Lee University, University of Tennessee – Chattanooga, University of Southern California, and University of California San Diego: http://www.saveservices.org/2015/08/pr-four-rulings-four-reversals-judges-give-thumbs-down-on-campus-sex-tribunals/

In addition, students at Middlebury College and Pennsylvania State University were recently granted preliminary injunctions, allowing them to remain in college, according to a recent report from Inside Higher Ed: https://www.insidehighered.com/news/2015/11/05/more-students-punished-over-sexual-assault-are-winning-lawsuits-against-colleges

These lawsuits can be costly. Last month Brandon Austin, a former college basketball player, filed a lawsuit against the University of Oregon for $7.5 million, alleging a wrongful suspension. An earlier case against Brown University was reportedly settled for $1 million: https://www.insidehighered.com/news/2015/11/05/more-students-punished-over-sexual-assault-are-winning-lawsuits-against-colleges

“Referring felony sex crimes to ill-equipped campus disciplinary committees has been a complete failure,” explains SAVE spokesperson Sheryle Hutter. “Victims, the accused, and justice itself are all being shortchanged by the current regime.”

SAVE urges that felony-level allegations of sexual misconduct be handled by criminal justice authorities, not campus disciplinary committees: http://www.saveservices.org/