Cancelled Professor

Advocating for academic freedom, free speech, gender equality, due process and Title IX reform. Tidbits, article links, and author/journalist profile sketches.

[Cancelled Professor @CancelledProf]

[4 of 4] This standard turns civil liberties and centuries of common law upside down. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[3 of 4] But the implications of Krakauer's assertion, and similar statements by many others, in the college disciplinary process means that letting a guilty man go unpunished is as bad as punishing an innocent one. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[2 of 4] As author Jon Krakauer has argued, "The harm done to a rape victim who is disbelieved can be at least as devastating as the harm done to an innocent man who is unjustly accused of [and expelled for] rape." [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[1 of 4] OCR and its allies have claimed that lowering the standard of proof levels the playing field between accuser and accused. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[3 of 3] ...(c) implement "interim" punishments, such as removing an accused student from his dorm or his classes, or limiting his library access, prior to any investigation. [Ch1, p37, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[2 of 2] ...(b) allow accusers to appeal not-guilty findings, exposing accused students to a form of double jeopardy that would be unconstitutional in the criminal justice system;... [Ch1, p37, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[1 of 2] Other provisions [of the Dear Colleague letter] ordered colleges to (a) speed up investigations, making it harder for the accused to prepare a defense;... [Ch1, p37, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[4 of 4] Second, the letter strongly discouraged-and in effect, ... all but forbade-what the Supreme Court has called "beyond any doubt the greatest legal engine ever invented for the discovery of truth": direct cross-examination of accusers. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[3 of 4] Many colleges at that time, including most in the Ivy League, were using a higher standard of proof --the "clear and convincing" standard. [Ch1, Note 83]

[Cancelled Professor @CancelledProf]

[2 of 4] First, the letter ordered universities to use no higher standard of proof than a bare "preponderance of the evidence"--meaning 50.01 percent --to find students guilty of sexual assault. [Ch1, Note 83]

[Cancelled Professor @CancelledProf]

[1 of 4] Each of the Dear Colleague letter's mandates increased the likelihood that students accused of sexual assault would be found guilty. [Ch1, Note 83]

[Cancelled Professor @CancelledProf]

[2 of 2] ..."exerting a direct and deleterious effect on campus free speech and due process. These unlawful actions have led to pervasive and severe infringements of free speech rights and due process protections at colleges and universities across the country." [Ch1, Note 82]

[Cancelled Professor @CancelledProf]

[1 of 2] In the words of a May 2016 open letter signed by more than 20 law professors, "Through a series of directives and compliance enforcement actions, OCR has brazenly nullified the Supreme Court definition [in Davis] of campus sexual harassment," [Ch1, Note 82]

[Cancelled Professor @CancelledProf]

No other presidential administration had ever asserted the power to dictate specific disciplinary procedures to universities, under Title IX or any other statute. Title IX itself includes nothing that even hints at such a power. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

April 4, 2011,... the Office for Civil Rights issued its 19-page "Dear Colleague letter." [which] commanded the more than 7,000 universities that receive federal funds to adopt federally specified procedures to investigate and adjudicate sexual assault accusations. [Ch1, Note 79]

[Cancelled Professor @CancelledProf]

In a "voluntary" resolution agreement with OCR, dated June 11, 2012, Yale agreed to hire more Title IX bureaucrats and rework its sexual assault policy so as to enhance the likelihood of guilty findings. [Ch1, Note 75]

[Cancelled Professor @CancelledProf]

...in April 2011, the federal government issued to thousands of universities the directives that led to the evisceration of the due-process rights of accused students across the nation. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

NCHERM's founder, Brett Sokolow,… argued for new sexual assault procedures that would shift the burden of proof, ending a presumption of innocence by forcing the accused student to… "demonstrate that consent was given." [Ch1, Note 73]

[Cancelled Professor @CancelledProf]

[2 of 2] FIRE has become the nation's most energetic and effective defender of campus civil liberties, especially because the American Civil Liberties Union has done little to defend victims of campus witch hunts. [Ch1, Johnson/Taylor]

[Cancelled Professor @CancelledProf]

[1 of 2] In 1999, Kors and Silverglate formed a new civil liberties group, the Foundation for Individual Rights in Education (FIRE). It has become the nation's most energetic and effective defender of campus civil liberties,... [Ch1, Johnson/Taylor]