Men's Rights are winning court cases against false rape accusations in college!

[LJ_Reloaded]

Suck it, General Board fucktards. Suck it real good.

http://www.npr.org/2015/10/15/44608...f-campus-rape-legal-victories-win-back-rights

Some 50 challenges lodged by accused students are now in the pipeline; that's up from about a dozen just two years ago. Even one of the more brazen lawsuits, which claims a kind of reverse discrimination in federal court, recently logged a rare (albeit preliminary) legal victory. The case, against Washington and Lee University, argues that overzealous administrators, who are using Title IX to crack down on gender discrimination and sexual assault, are actually violating the federal law at the same time by systematically discriminating against men. Most such cases filed in federal court have failed to get out of the box, but a judge allowed the claim against Washington and Lee to at least survive a first hurdle.

At the same time, the public conversation around campus sexual assault is beginning to put more focus on due process for accused students, and many campuses have been adding new protections for accused students — like the right to an attorney.

Joe Cohn, who's been advocating for the rights of the accused with the Foundation for Individual Rights in Education, says he's heartened that two new bills on campus sexual assault include robust due-process protections. (The bills are the Fair Campus Act and the Safe Campus Act.) He says he also sees it as a victory that he — as an advocate for the accused — was invited to testify at a recent congressional hearing. But once there, he says, he was struck by how much more the pendulum has yet to swing.

At the hearing, Democratic Rep. Jared Polis of Colorado wondered aloud why campuses don't decide cases using a lower standard of evidence. "I mean, if 10 people are accused and under reasonable likelihood standard maybe one or two did it, it seems better to get rid of all 10 people," he said. Polis has since walked back his comments, saying he "went too far by implying that I support expelling innocent students from college." But Cohn says he continues to be dismayed that the comment was made and that it drew applause.

https://www.insidehighered.com/news...assault-are-winning-lawsuits-against-colleges

Then, in July, a California trial court judge ruled that the University of California at San Diego must reverse the suspension of a male student who allegedly assaulted a female student. The student accused the university of violating his due process rights by presuming his guilt ahead of a hearing, not allowing the accused student access to witnesses and evidence, and informing a hearing panel of his guilt instead of letting the panel reach its own conclusion. The judge in the case agreed.

The UCSD lawsuit was, at the time, a rare win for accused male students who turn to legal action after having been found responsible for sexual misconduct. Since then, accused students suspended or expelled by the University of Southern California and the University of Tennessee at Chattanooga have also won lawsuits against their institutions. In September, a student who sued Middlebury College won a preliminary injunction allowing him to return to campus while the case is adjudicated. In Tennessee’s case, a judge ruled that the university’s policies were unjust, as they force an accused student to prove his innocence rather than a university to prove his guilt.

Harris, of FIRE, cited key differences between the recent cases and the ones that accused students have lost: the losing cases focus on gender discrimination and are often heard in federal court. The cases at USC, UCSD and Tennessee were filed in state courts. “They have a little more leeway to overturn cases because of the relationship public universities have as state bodies, and the responsibility they have to due process,” Harris said.

Cases that claim an accused male student has been discriminated against because of his gender, Harris said, rarely result in the student winning. That’s because Title IX of the Education Amendments of 1972 -- the gender discrimination law that requires colleges to investigate and adjudicate cases of campus sexual assault -- does not provide a way to challenge disciplinary policies simply based on disparate impact.

While university sexual assault policies do affect male students more than female, the policies themselves aren’t to blame, as they are written to be gender neutral. The disparate impact on male students is not because colleges are targeting men, a number of courts have concluded, but because men commit and are accused of sexual assault far more than women. Two recent lawsuits against the University of Missouri and Augustana University in South Dakota were both dismissed for similar reasons.

The cases that have resulted in wins for the accused are generally built on claims that the disciplined students’ rights to due process were violated, not that they were discriminated against for being men.

Even lawsuits in federal courts are starting to have some level of success by focusing on due process. A recent lawsuit against Pennsylvania State University survived the university’s motion to dismiss, with a federal judge granting the accused student a preliminary injunction that prevented his suspension and deportation back to Syria.

The takeaway: sue for denying due process and you have a good chance of winning.

Keep winning, guys, and make the feminists scream with rage!

 

[Aella_]

You're right, indeed.
By the same token, however: so many cases of genuine rape are underreported.
How should we handle that?

 

[LJ_Reloaded]

You're right, indeed.
By the same token, however: so many cases of genuine rape are underreported.
How should we handle that?

More research dollars into telepathy?

Honestly, unless we want to dismantle our due process system, there isn't much we can do.