DeVos’ world gets stranger by the day.
After hearing from rape victims, DeVos and her top civil rights official have decided to champion the rights of those accused of raping the women.
The New York Times calls this “a new look” at the issue of campus rape.
Indeed.
The letters have come in to her office by the hundreds, heartfelt missives from college students, mostly men, who had been accused of rape or sexual assault. Some had lost scholarships. Some had been expelled. A mother stumbled upon her son trying to take his own life, recalled Candice E. Jackson, the top civil rights official at the Department of Education.
“Listening to her talk about walking in and finding him in the middle of trying to kill himself because his life and his future were gone, and he was forever branded a rapist — that’s haunting,” said Ms. Jackson, describing a meeting with the mother of a young man who had been accused of sexual assault three months after his first sexual encounter.
The young man, who maintained he was innocent, had hoped to become a doctor.
In recent years, on campus after campus, from the University of Virginia to Columbia University, from Duke to Stanford, higher education has been roiled by high-profile cases of sexual assault accusations. Now Education Secretary Betsy DeVos is stepping into that maelstrom. On Thursday, she will meet in private with women who say they were assaulted, accused students and their families, advocates for both sides and higher education officials, the first step in a contentious effort to re-examine policies of President Barack Obama, who made expansive use of his powers to investigate the way universities and colleges handle sexual violence.
How university and college administrations have dealt with campus sexual misconduct charges has become one of the most volatile issues in higher education, with many women saying higher education leaders have not taken their trauma seriously. But the Obama administration’s response sparked a backlash, not just from the accused and their families but from well-regarded law school professors who say new rules went too far.
In an interview previewing her plans, Ms. Jackson, who heads the Education Department’s Office for Civil Rights and organized Thursday’s sessions, made clear that she believes investigations under the 1972 law known as Title IX have gone deeply awry. A sexual assault survivor herself, she said she sees “a red flag that something’s not quite right” — and that the rights of accused students have too often been ignored.
The alleged perpetrators of rape, it seems to Candace Jackson, are the real victims.
What a strange new mission for the Office for Civil Rights.

We have entered into Hell. I am now convinced.
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Somewhere down the line those poor boys were deprived of a chance to go to a charter school – or a religious school (voucher provided). How can we continue to fail these poor children??????
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Wow!
One of the replies given a “NYT pick” logo was a person called John saying he was more worried about his son having a false rape complaint made against him then his daughter being raped.
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Commenter ‘John’ may simply have meant that the Title IX regs on campus, while likely to get his daughter’s rapist expelled, are equally likely to get his son expelled on a false accusation.
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We are living in a dystopian present, sadly of our own making. Day is night, guilty is innocent, truth is fake….when will this madness end?
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The madness will end when the American people grow up, realize the values of “commonality” and collectivism, and rise up and participate in civics big time. I’m not being judgmental, but I see strong evidence that such dynamics are already beginning to occur and are accelerating. Nothing is without hope, Cary444.
One must change “I must help myself” to “I must help others” and I see that happening, from my perspective.
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Statistically, one in three young women in higher education are sexually assaulted. These sexual assaults are brutal leaving the victim bruised and bloodied. These assaults go beyond dubious consent. Sexual assault still is one of the most under reported crimes on college campuses. Please remember that young men are sexually assaulted too. Even less than women are men who do not report sexual assault. The process of reporting the crime to higher education aurthorities further traumatizes sexual assault victims. Sexual assault victims who report attacks by popular student athletes have their reputations ruin and lives threatened on social media. At some religious schools, sexual assault victims have been stigmatized and expelled most misconduct. Netflix has several excellent documentaries regarding sexual assault in higher education. It’s heartbreaking and enraging how college and universities take tens of thousands of dollars from parents and students while covering up sexual assault crimes on their campuses.
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Oops! typo in above post” authorities” misspelled….iPhone strikes again. 🤦🏼♀️
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i think DeVos is an incompetent dilettante too, but that doesn’t mean we should dispense with due process. False claims not only ruin young men’s lives, they also make it harder for actual rape victims to receive justice.
Rape is a criminal matter, whether the young adult is a college student or a Walmart employee.
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Do you realize how rare false claims are? Reporting rape is extremely traumatic, as Lea S details above. It’s simply not something that women (or men for that matter) are likely to do just for fun or spite or even money. No one believes you, your name gets dragged through the mud, everyone supports the guy and worries about his future, nevermind the damage that’s been done to the victim’s future. For ever false claim there are thousands of rapes never reported and the rapist gets off scott-free. Heck, even if rape is reported the rapist is likely to get off scott-free. Prosecutors are very reluctant to take the case and even if they do, rape rarely leaves evidence, unless the victim shows up in the ER bleeding and bruised. Even if there’s evidence of sex (which there isn’t always), it’s very easy to create enough doubt by saying “she wanted it”.
I think it’s pretty easy to avoid a false rape claim. Act like a gentlemen, keep your hands to yourself, and don’t push yourself on anyone without clear evidence of consent (not just absence of resistance). It’s not, however, so easy to avoid rape. Personally, I don’t have a problem with bending the rules a bit in favor of the victim, considering how stacked the system actually is against them.
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You may not have a problem “bending the rules a bit in favor of the victim,” but that is not what our legal system is built on, which is why left-leaning legal scholars also oppose adjudicating criminal matters in an educational setting.
In my example above, would you feel comfortable with the Walmart store manager handling an employee rape claim “in house?” Of course not.
You are correct that reporting rapes is difficult and traumatic, and the consequences should be grave. This is exactly why we need for claims to be handled by a court of law, not a campus tribunal that is better suited to reviewing cases of alleged plagiarism..
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“In my example above, would you feel comfortable with the Walmart store manager handling an employee rape claim “in house?” Of course not.”
I would feel perfectly comfortable with Walmart dismissing the accused employee if they felt the charges had merit even if he had not been found guilty in court, yes. Just as I feel perfectly comfortable with universities expelling students when there is evidence of sexual misconduct, even if they have not been found guilty in court.
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My wife and I have advised my daughter to never have sex with someone she doesn’t know and trust. I will give the same advice to my son. We’ve also advised our daughter never to drink to excess in a party or date setting.
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Not necessarily bad advice, FLERP! (although why it’s your daughter’s responsibility to not drink to excess, rather than her date’s responsibility to not rape her is a bit problematic), but I hope you understand that even if she follows your advice, she is not protected against rape. Plenty of rape victims (including date rape victims) were sober at the time. Also, rape is not a matter of choosing or not choosing to have sex. In fact, by definition rape is not a matter of choice.
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“although why it’s your daughter’s responsibility to not drink to excess, rather than her date’s responsibility to not rape her is a bit problematic”
I should decline to give her that advice because it’s her date’s responsibility not to rape her?
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“even if she follows your advice, she is not protected against rape”
You can’t protect yourself from everything all the time. But a lot of rape happens within the contours of relationships that are consensual, and a lot of rape on college campuses happens when heavy drinking is involved. I will also advise her not to go to any frat parties, because, as I probably will phrase it, “frat boys are idiots and scumbags,” and that if she ever does go to a frat party, she should keep her wits about her and get the heck out the instant things look like they might getting out of hand.
I don’t buy into the notion that advising women to avoid high-risk situations is tantamount to blaming the victim. Street smarts are important in life.
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The NYT article linked to this post contains, in its 5th para, a link to a Boston Globe article setting forth Harvard’s problems w/the Obama Title IX regs on sexual assault. Worth a gander.
Altho I agree we get here– w/Jackson’s OCR appointment– another instance of Trump admin as ‘Thro the Looking Glass’, where down is up– I sense too that the Obama regs were a step too far, & DeVos may not be wrong in back-pedaling. I particularly dislike the Obama-reg imposition of ‘preponderance of evidence’ as substitute for ‘clear and convincing’ evidence.
I have to agree with the preponderance of comments to the NYT article: it does not do to substitute campus jurisprudence for criminal jurisprudence, especially in higher crimes such as rape/ sexual assault. To do so invites the imposition of campus politics on criminal jurisprudence: today, guarantor of safe spaces for vulnerable females claiming victimization– tomorrow, guarantor of safe spaces for males vulnerable to false accusations. The fact that lesser standards of evidence pertain under the Obama regs illustrates my position.
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Not such a strange mission when you consider that Sec. DeVos’s boss is a self-described sexual predator himself. Why wouldn’t the Dept. of Education work to support twisted young men who emulate their President?
These are very dark days indeed, almost like the Bizarro world described in the Superman comics, a world where everything is the opposite.
Awful.
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People really should be reading these ed tech salespeople who have so much influence in ed reform- this is much different than what they tell parents and students:
“In a previous post, Are We On Track?, I revisited the central prediction of the first edition of Disrupting Class (2008), which was that the growth in computer-based delivery of education will accelerate swiftly until, by 2019, half of all high school classes will be taught over the Internet. This argument is laid out on pp. 98-100 of the hard cover edition (in Chapter 4 “Disruptively Deploying Computers”). For those without access to the original text, the Summer 2008 edition (Vol. 8, No. 3) of Education Next included an article “How Do We Transform Our Schools?” by Clayton M. Christensen and Michael B. Horn in which the authors directly make their case.”
Pay particular attention to the “cost savings”- they’re pushing online learning into public schools because they believe it will cost less:
“The authors argue that the substitution of “live teacher,” “monolithic” instruction for computer-delivered/-managed instruction is inevitable because: (1) computer-based instruction will improve in quality; (2) students will be granted increased choice in their ‘learning pathways’; (3) there will be a teacher shortage; and (4) computer-delivered/-managed instruction will result in costs savings. And, not just some cost savings, but significant cost savings (p. 101):”
All this mushy feel-good talk we’re given about “personalized learning” comes down to a 50 per cent reduction in teachers to save money.
https://www.edtechstrategies.com/blog/are-we-on-track-part-2/
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Blended learning and computer based instruction was never about improving education. It was always about cutting costs.
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Someone should tell ed reformers that students don’t really seem to like online learning:
“The Snow Pond Arts Academy charter school in Sidney had an ambitious goal — to be the first public school in Maine to use a model called “blended learning,” in which most of student work takes place in an online platform. But after only a year, the school is abandoning its virtual approach.
When the Snow Pond Arts Academy launched last fall, it was the first charter school with a performing arts focus, but it also embraced so-called “blended learning” where some learning occurs in a classroom, but much happens online.
When Maine Public Radio visited the school last September, then-Academic Department Head Koren Coughlin said the online curriculum, from the company K12 Inc,. let her be creative with her lesson plans.
“And then I can be innovative and bridge from the core academics to the special interests on the art side of the things,” she said. “Music interests, dance interests, theatre interests.”
However, the school struggled out of the gate. It couldn’t find staff and didn’t meet projected enrollment numbers. And in an evaluation that occurred 90 days after Snow Pond opened, the state’s Charter School Commission said the school’s teachers weren’t adequately trained on how teach online.
And students shared similar concerns. Back in September, Freshman Navaeh Schuchardt said the online program was difficult to use, and that she didn’t learn as much as she had in her previous school.
“I had my moments where I thought I was going to leave because of K12,” says Schuchardt. “But I was like, the arts, that’s the path to the future! So I’m sticking through it.”
But Students like Schuchardt won’t need to stick through it anymore. On Tuesday, the school told Maine’s Charter School Commission that this “blended learning” model would be no more. As part of a “School Improvement Plan” that Snow Pond created with the commission, the school says it will get rid of its online platform next year.
Snow Pond Principal Heather King says the school didn’t train its teachers well enough last year. And over the course of the year, she says students found online learning to be isolating and less engaging.
“The feedback we got was that students really, really were yearning for that classroom instruction,” Emery says.”
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Great article. But you left out the best part! Next sentence “By leaving behind the online K12 platform, the school says it will save about $140,000. That money will help Snow Pond will take five classroom teachers from part-time to full-time and add a part-time foreign language teacher. ”
Makes you wonder about the so-called cost savings of blended learning if the cost of the online platform is equivalent to 3 full-time teacher salaries.
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While campus sexual misconduct has long been a serious matter, it seems negligent to dismiss the seldom reported but serious issue of false allegations. False charges occur.
Those falsely accused are victims. True, the instances of false charges are far less frequent (as far as we know) than legitimate allegations of sexual harassment and rape.
But false claims are made. And as increasing attention in the press and on campus is given to efforts aimed at eliminating or at least decreasing sexual wrongdoing, pressure or emotions or campus politics can (and I argue, will) lead to more false allegations and more innocent individuals being found guilty of wrongdoing. Campus politics is known to be a vicious beast, and both EEOC and OCR rules are deliberately weighted in favor of the accuser. When the OCR states that the accused must be afford due process, it does not then spell out which procedures are due — leaving it up to possibly over-eager investigators and officials to decide what must be granted to the accused. When rules advise that those making false charges should not be singled out for punishment because to do so might deter legitimate claims from being made, the scales of “justice” are tilted against the victim of false allegations. In my research and experience, I have been repeatedly assured that no woman would make a false charge of sexual abuse. Reality cautions otherwise. Campus policies can also be vague or absent, and campus officials may for whatever reasons be biased, be eager to “get tough” and to set examples aimed at deterring others from unwanted behavior.
False allegations can lead to loss of employment, loss of reputation, financial ruin.
Based on personal experiences with a state system of higher education whose policies and aims are to protect administrative employees from challenges to official, ethical misconduct, I have written at length with perhaps excruciating detail in efforts to expose the dangers of biased investigations and academic malfeasance. My hope is to find responsible investigative journalists and experts (such as Diane Ravitch, whose work I have long admired) willing to engage in a serious discussion of these academic issues that are not just “academic.”
Toward that end, I will risk including my email address, and I will respond to serious inquiries and comments. dougcatz (atttt) itstriangle (dotttt) com
Doug Giebel
533 Third Avenue
Big Sandy, MT 59520
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I am a victim of rape. I have had to deal with the shame, disgust, and self-loathing, which accompanies the trauma of sexual assault. I do not know how it feels to be a female victim of sexual abuse, but I can sympathize.
False charges do occur. A woman in England was charged some days ago. See
http://www.foxnews.com/world/2017/07/06/british-woman-faces-jail-time-for-making-up-sexual-assault-rape-stories.html
Even from my perspective, I am applauding the SecEds visiting the topic. The accused do have rights. And the old cliche is true- It is better that a hundred guilty men go free, than one innocent man be punished.
Fortunately, DNA evidence, and other forensic science is working to clear unjustly accused persons, and to convict guilty persons. Rape often comes down to a “He said, She said”.
We can have justice for both the victims of rape, and for the falsely accused.
Both goals are achievable.
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“The accused do have rights.”
I’m sorry, but this is the equivalent of saying “all lives matter” when Black Lives Matter comes up. The accused have always had rights. Far moreso than victims, who are essentially ancillary to the whole legal process except as witnesses (in which case the defense routinely tries to shred their credibility and smear their reputation).
Every single time this country tries to level a playing field, those who previously held the advantage start acting like equal rights is some kind of unfair bias. Same sex marriage, for instance, becomes “special rights” for gays. Affirmative action becomes an “advantage” for minority people. Bovine excrement.
For centuries males have had the ability to pretty much rape with impunity (so long as it’s not a black man raping a white woman), and they have always fallen back on the protections for accused criminals to create doubt even when their guilt is pretty obvious. It has gone on in academia, business, entertainment, sports, you name it.
It’s only been in the last few decades that victims’ protection groups have organized and fought back against rape culture and, sure enough, look at all the weeping and wailing about poor boys and men having their lives “ruined”.
Sorry, but, no. Universities are not judicial entities, no, but they have a right to determine who is allowed to be part of their student body and they have a duty to protect vulnerable students. I think they have the ability to look at the evidence and determine which accused students are most likely guilty even without a criminal verdict and remove those students from their school. No one has a right to a university education if they pose a threat to other students. As I said before, if you don’t want to be “falsely”* accused, keep your hands to yourself and your banana in its peel.
I’m not convinced that most of the “false” accusations the media makes a big deal about are actually false. I think much of the time it happens when an actual victim is so badgered that she backs down and recants.
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Why should the US ED Office for Civil Rights devote its power to the alleged perpetrator instead of the alleged victim?
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The US Dept of Ed, should devote its power and influence to the pursuit of justice. The rights of the accused and the rights of the victim, can be balanced, and respected.
“Law becomes justice, when it is administered with love” – Oliver Wendell Holmes.
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From my studies and experience, the media devotes little space to reporting stories of false allegations. You may not be convinced that instances of false charges are legitimate — and in many cases it is very difficult if not impossible for even unbiased investigators and decision makers to determine the truth. But it is also not clear to me that you may not be familiar with cases involving false allegations. Perhaps you have an understandable bias, which is also a problem when cases are investigated and judged. It is disappointing that Ms. Ravitch asked “Why should the US ED Office for Civil Rights devote its power to the alleged perpetrator instead of the alleged victim?”
The OCR, the EEOC and all campus and educational system policies and procedures should make every effort to afford fundamental fairness to ALL parties in campus sexual misconduct cases.Surely few would ask the OCR or other entities to “devote its power” to protecting alleged perpetrators over the interests of accusers. But to assume that all allegations of sexual abuse are legitimate, that all investigations by campus officials OR the police are unbiased and fair, seems quite a stretch.
One need not be a fan of Betsy DeVos to express an interest in attempting to make certain that investigations, procedures and appeals are not skewed in favor of either side in a dispute. Complete absence of bias, complete affording of genuine fairness may be difficult to achieve — may even be impossible — but it should not be ridiculous to ask for fairness all around.
Doug Giebel, Big Sandy, Montana
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Interesting factoid: The “Perry Mason” show was very popular overseas. It was so popular, that people in some European countries, pushed for changes in their laws, to bring in the concept of “innocent until proven guilty”. see
http://articles.latimes.com/1987-11-11/entertainment/ca-13527_1_perry-mason
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No one is saying that accused student rapists should be jailed without trial. But on the other hand, a university shouldn’t have to wait for the results of a trial before expelling a student when there is evidence of sexual misconduct. Again, a university education is not a right, it’s a privilege.
Do you think companies should have the right to terminate those who steal/embezzle from them before a guilty criminal verdict? Do you think hospitals should be allowed to terminate doctors when there is evidence of malpractice, even if said doctor hasn’t been convicted in court? I’m guessing you’d say yes on both counts – in fact, they probably have an obligation to terminate people under such circumstances. So why should universities not have the right (indeed, the obligation) to expel those who pose a threat to the student body, even if the accused has not been found guilty in court?
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Don’t guess. A private sector firm, has the power to discharge any employee at any time, for any reason, or for no reason. it is called “at-will” employment. If a doctor went into a hospital, reeking of booze, and staggering, the hospital has the duty to terminate the doctor immediately.
But a college education is different. A person is paying to be educated. Accusations and “evidence” alone, is not proof of guilt. And the college has no right to expel any student, on a whim. Remember:
https://en.wikipedia.org/wiki/A_Rape_on_Campus
Also the Tawana Bradley case. People are falsely accused, and innocent people are arrested and charged, and later tried.
Of course, a university has the duty to protect its students from harm. But no institution has the right to expel any student, based on accusations alone.
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So what are you saying, Charles? A university can’t expel a student unless that student has been found guilty in a criminal court? Baloney. That’s like saying a bar doesn’t have a right to refuse service to a rowdy patron unless and until that patron is found guilty in court of disorderly conduct. In any situation, you can lose your right to access an otherwise publicly available service simply by your behavior alone – or even accusations of behavior. It’s just that you can’t be thrown in prison until and unless you have been found guilty beyond a reasonable doubt in court.
In any case, the fact remains that universities do not expel students nearly fast enough. Almost invariably their reaction is to sit on the situation and try to silence the accuser, while the accused goes merrily on his way. It’s very rare for a situation to rise to the level (very often with media help) where there’s enough pressure to finally kick out the offending SOB. If universities had been more willing to listen to victims all along, things might not have gotten to this point.
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I am not saying that universities cannot expel a student. Universities expel students, who have not been convicted of criminal wrongdoing, frequently. Nevertheless, we can agree that individual students accused of wrongdoing, must be treated fairly, and that they are entitled to due process. Those students at UVA, who were accused, were entirely innocent, and still they were subject to expulsion.
Universities must take accusations of sexual misconduct, and all criminal activity seriously. Universities must cooperate fully with law enforcement. There must be no cover-ups.
The rights of the victim, the rights of the accused, and the rights of the students at the college to live in safety can all be balanced, and protected.
I lived in Columbus OH, near Ohio State University. At that time, OSU was the largest enrollment in the world, for any university. People called the place “Dodge City”, because of all the rapes, shootings, physical assaults, and other nefarious conduct that was going on. The university administration was not taking the misconduct seriously,
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Here’s an tangent for public perception of victim who spoke up in the public.
http://www.japantimes.co.jp/news/2017/07/13/national/social-issues/rape-allegation-tv-journalist-shiori-hopes-shed-light-victims-plight/#.WWjq2caB2T9
Maybe Candice Jackson was referring to this kind of scenario–in which the victim was drinking. Add to the context is that she was tricked into swallowing date-rape drug by a perpetrator, who was a 52-year-old journalist. There was evidence of video-camera that caught a perforator entering the hotel by carrying the victim. And this perpetrator was actually on the verge of getting arrested at the airport, yet the Japanese police decided not to round him up because he was prime minister Abe’s favorite journalist. Criminal justice failed.
Wouldn’t be surprised to see Devos and her tagalong showing a deploring level of ignorance for politicizing sexual assault like idiotic right-wing net troll from the other side of continent.
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an/a
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