[This article is part of
the nine-part series, “The Death of Campus Due Process,” which examines the
policies used by colleges and universities to investigate allegations of sexual
assault.
The series examines the
civil case, “John Doe v. Brandeis University.” The case concerns the college’s
investigation into whether a former Brandeis student committed sexual assault
against his ex-boyfriend during their relationship.
These articles might not
make sense if they are read out of order. Here is the table of contents for
this series. I highly encourage readers to take their time reading these posts,
as many are long and detailed. I also recommend reading the hyperlinked
primary-source documents to learn more about the case.]
John Doe and Brandeis
University filed a joint motion on Sept. 13, 2016 to dismiss Doe’s lawsuit.
The joint motion dismissed
Doe’s claims “with prejudice,” which means that Doe agreed he would not refile
the same or related charges against Brandeis in the future. The motion stated
that the dismissal did not include a payment from either side, and that both Doe
and Brandeis were waiving any rights to appeal.
Primary Source: Joint
motion to dismiss
That same month, Patricia
Hamill, one of John’s lawyers, released a press release regarding the joint
motion to dismiss. In the release, Hamill said Doe felt vindicated by Judge
Saylor’s ruling, which was highly critical of the procedures Brandeis had used
to investigate Doe.
Hamill also cited John
Doe’s concern with the expense of continuing the litigation as well as John’s
desire to move on with his professional and private life.
Primary Source: Hamill’s
press release
Julie Jette, director of
media relations at Brandeis University, emailed this blog a statement in
response to the allegations contained in John’s amended complaint and Judge
Saylor’s ruling.
Jette said the university
is limited in what it can say about the case. Jette added that the school
denied the “vast majority” of the allegations in John’s amended complaint, and
that none of the allegations in the amended complaint were ultimately
substantiated.
“Judge Saylor’s ruling
allowed the case to proceed but did not validate its claims. Doe then
voluntarily requested dismissal of the case, and Brandeis agreed to the
dismissal. There was no settlement involved,” Jette said.
“We remain confident that
we have the policies and procedures in place to enable us to promptly and
appropriately investigate and adjudicate allegations of sexual misconduct,”
Jette added. “We continuously review and update our policies in this area to
ensure that they meet the needs of our community and are in line with best
practices nationally.”
Primary Source: Jette’s
statement
John’s case was one of several
cases profiled in the book, “The Campus Rape Frenzy,” by K.C. Johnson and Stuart Taylor Jr. The book is
highly critical of the changes adopted by colleges across the country to
eliminate due process rights for students accused of sexual assault and the
Obama administration policies that encouraged them to do so.
Taylor discussed the book
in an interview with American Enterprise Institute scholar Christina Hoff
Sommers, who is known on YouTube as “The Factual Feminist.”
During the interview,
Taylor expressed his hope that the incoming Trump Administration would,
“dismantle this sex bureaucracy machinery, at least at the federal level, that
the Obama administration has created.”
Slate reporter Emily Yoffe
wrote a great article, “The College Rape Overcorrection,” about university sexual assault policies.
The New York Times
reported in July 2017 that Trump’s Education Department was reevaluating
federal guidelines regarding how universities investigate allegations of sexual
assault.
In September 2017, the
Trump administration sent its own Dear Colleague letter to colleges and
universities across the country.
In the letter, Candice
Jackson, Acting Assistant Secretary for Civil Rights at the U.S. Department of
Education, announced that the department was withdrawing the April 2011 Dear
Colleague letter on sexual violence.
Candice Jackson was appointed Acting Assistant Secretary for Civil Rights by Education Secretary Betsy DeVos in April 2017. |
Jackson quoted statements
written by law school faculty from the University of Pennsylvania and Harvard that said the 2011 letter placed, “improper pressure upon universities to adopt
procedures that do not afford fundamental fairness,” which prompted
universities to adopt policies that, “lack the most basic elements of fairness
and due process, are overwhelmingly stacked against the accused, and are in no
way required by Title IX law or regulation.”
Secretary of Education Betsy DeVos announced in Sept. 2017 that her department will be speaking with the public about the policies it should adopt regarding sexual assault on college campuses, according to a press release.
Education
Secretary Betsy DeVos, shown above, was nominated by President Donald Trump.
|
"In
the coming months, hearing from survivors, campus administrators, parents,
students and experts on sexual misconduct will be vital as we work to create a
thoughtful rule that will benefit students for years to come," DeVos said.
“We also will continue to work with schools and community leaders to better
address preventing sexual misconduct through education and early intervention."
In the meantime, the
department has published interim guidelines on the topic for colleges and universities to follow.
Know Your IX, an
organization that advocates for the rights of alleged victims of sexual
assault, issued a press release
criticizing the Trump administration’s withdrawal of the 2011 Dear Colleague
letter.
“Today’s guidance allows
schools to systematically stack campus investigations against survivors and
push survivors out of school,” the organization stated. “The Department of
Education is sending the message that they value survivors’ access to education
less than that of the students who assault and abuse them.”
It appears the debate over
federal and university policies concerning sexual assault is far from over.
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