FAIL: America's Top Universities Won't Grant Students This Basic Constitutional Right

September 21, 2017

Young Voices Contributor

The Foundation of Individual Rights in Education (FIRE), a nonprofit organization focused on protecting civil liberties in academics, surveyed 53 of America’s top universities and found a majority failed to provide students accused of a serious crime with due process protection.

FIRE’s Spotlight on Due Process 2017—the first survey of its kind—gave 85 percent of universities surveyed a failing D or F grade for due process protections, or lack thereof. Students accused of serious crimes are not even considered innocent until proven guilty at 39 of the 53 universities FIRE examined.

This report should not be shocking, with the numerous stories circulating about universities routinely violating the due process rights of students accused of sexual assault or rape. However, even to those versed on the subject of colleges gone crazy, it’s still hard to believe that a substantial majority of universities fail to afford students their basic constitutional rights.

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These aren’t small schools nestled in the middle of nowhere, strapped for funding and personnel. It’s Columbia University, Harvard, New York University, and Pennsylvania State University that have failed to provide procedural safeguards like a right to counsel or a right to cross examine witnesses or the complainant, either by the accused or the accused’s counsel—among others.

“This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators,” said Samantha Harris, the Vice President of policy research at FIRE.

If a crime is serious enough, a student could face suspension or expulsion from their school, potentially ending their academic career. The failings of administrators have the potential to affect students everywhere.

FIRE’s due process reports comes around the same time as the U.S. Department of Education’s announcement that they will review the previous administration’s 2011 “Dear Colleague” letter. The Department of Education’s Office of Civil Rights determined during the Obama administration that sexual assault and sexual harassment are forms of gender inequality and must be investigated under Title IX.

The letter outlined how colleges must conduct investigations by using a preponderance of evidence standard. With this standard, Title IX investigators only need to be 51 percent certain of the accused’s guilt to enact punishment. OCR also instructed schools not to wait for a criminal investigation to conclude before starting their own Title IX investigation, and advises them not to allow cross examination of the complainant as it could further traumatize them. But this hesitance to thoroughly examine both parties makes it harder to discern who is at fault.

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Some universities have separate sexual misconduct policies, which FIRE outlines in their report. Brandeis University, one of the schools listed, scored a D for failing to provide adequate due process protection in sexual misconduct cases. The university does not ensure the accused has a right to counsel and does not require an unanimous ruling to expel the accused. And the school’s grade appears to be appropriate as just last year a student sued the university after they violated his due process rights in a Title IX investigation.

Robby Soave, an associate editor at Reason, details the story in his article. “The accused, ‘John Doe,’ was found responsible for stolen kisses, suggestive touches, and a wandering eye—all within the context of an established sexual relationship,” Soave explained. “In January 2014, J.C. made a two-sentence accusation against Doe, who was not informed of the nature of the charges against him. He was also denied a lawyer, the opportunity to evaluate evidence against him, and the opportunity to cross-examine witnesses, including his accuser.”

The Brandeis student ended up suing his university and a federal judge ruled his lawsuit should proceed, citing significant concerns about the lack of basic fairness in the investigation.

Pennsylvania State University, which received an F for both its sexual misconduct policy and its disciplinary policy has been rebuked twice by the same judge for its failure to ensure due process protections for the accused.

FIRE’s Samantha Harris published a piece in Reason about Penn State’s situation. A female student (Jane Doe) accused a male student (John Doe) of forcibly digitally penetrating her and causing her to bleed. The university found John Doe guilty and he was expelled, but he sued, saying his due process rights were violated during the investigation and hearing. The judge overseeing the Penn State student’s lawsuit ruled in his favor and ordered the university to reinstate him.

There are numerous stories like those at Penn State and Brandeis University, but the tides may be turning. It is long past time that universities learn how to handle accusations of rape without violating students’ constitutional rights.

Rape victims are not getting justice if their assailant is able to get a cash settlement because the university failed to provide a fair and balanced trial, nor is justice being served if innocent people have their reputation and academic careers ruined by campus kangaroo courts. Ensuring due process for everyone involved in a campus dispute is the best path forward for universities and their students.

Lindsay Marchello is a Young Voices Advocate and an Associate Editor with the Carolina Journal. Follow her on Twitter @LynnMarch007.

Could China OWN our National Parks?

Jonathan Newton / Contributor | Getty Images

The left’s idea of stewardship involves bulldozing bison and barring access. Lee’s vision puts conservation back in the hands of the people.

The media wants you to believe that Sen. Mike Lee (R-Utah) is trying to bulldoze Yellowstone and turn national parks into strip malls — that he’s calling for a reckless fire sale of America’s natural beauty to line developers’ pockets. That narrative is dishonest. It’s fearmongering, and, by the way, it’s wrong.

Here’s what’s really happening.

Private stewardship works. It’s local. It’s accountable. It’s incentivized.

The federal government currently owns 640 million acres of land — nearly 28% of all land in the United States. To put that into perspective, that’s more territory than France, Germany, Poland, and the United Kingdom combined.

Most of this land is west of the Mississippi River. That’s not a coincidence. In the American West, federal ownership isn’t just a bureaucratic technicality — it’s a stranglehold. States are suffocated. Locals are treated as tenants. Opportunities are choked off.

Meanwhile, people living east of the Mississippi — in places like Kentucky, Georgia, or Pennsylvania — might not even realize how little land their own states truly control. But the same policies that are plaguing the West could come for them next.

Lee isn’t proposing to auction off Yellowstone or pave over Yosemite. He’s talking about 3 million acres — that’s less than half of 1% of the federal estate. And this land isn’t your family’s favorite hiking trail. It’s remote, hard to access, and often mismanaged.

Failed management

Why was it mismanaged in the first place? Because the federal government is a terrible landlord.

Consider Yellowstone again. It’s home to the last remaining herd of genetically pure American bison — animals that haven’t been crossbred with cattle. Ranchers, myself included, would love the chance to help restore these majestic creatures on private land. But the federal government won’t allow it.

So what do they do when the herd gets too big?

They kill them. Bulldoze them into mass graves. That’s not conservation. That’s bureaucratic malpractice.

And don’t even get me started on bald eagles — majestic symbols of American freedom and a federally protected endangered species, now regularly slaughtered by wind turbines. I have pictures of piles of dead bald eagles. Where’s the outrage?

Biden’s federal land-grab

Some argue that states can’t afford to manage this land themselves. But if the states can’t afford it, how can Washington? We’re $35 trillion in debt. Entitlements are strained, infrastructure is crumbling, and the Bureau of Land Management, Forest Service, and National Park Service are billions of dollars behind in basic maintenance. Roads, firebreaks, and trails are falling apart.

The Biden administration quietly embraced something called the “30 by 30” initiative, a plan to lock up 30% of all U.S. land and water under federal “conservation” by 2030. The real goal is 50% by 2050.

That entails half of the country being taken away from you, controlled not by the people who live there but by technocrats in D.C.

You think that won’t affect your ability to hunt, fish, graze cattle, or cut timber? Think again. It won’t be conservatives who stop you from building a cabin, raising cattle, or teaching your grandkids how to shoot a rifle. It’ll be the same radical environmentalists who treat land as sacred — unless it’s your truck, your deer stand, or your back yard.

Land as collateral

Moreover, the U.S. Treasury is considering putting federally owned land on the national balance sheet, listing your parks, forests, and hunting grounds as collateral.

What happens if America defaults on its debt?

David McNew / Stringer | Getty Images

Do you think our creditors won’t come calling? Imagine explaining to your kids that the lake you used to fish in is now under foreign ownership, that the forest you hunted in belongs to China.

This is not hypothetical. This is the logical conclusion of treating land like a piggy bank.

The American way

There’s a better way — and it’s the American way.

Let the people who live near the land steward it. Let ranchers, farmers, sportsmen, and local conservationists do what they’ve done for generations.

Did you know that 75% of America’s wetlands are on private land? Or that the most successful wildlife recoveries — whitetail deer, ducks, wild turkeys — didn’t come from Washington but from partnerships between private landowners and groups like Ducks Unlimited?

Private stewardship works. It’s local. It’s accountable. It’s incentivized. When you break it, you fix it. When you profit from the land, you protect it.

This is not about selling out. It’s about buying in — to freedom, to responsibility, to the principle of constitutional self-governance.

So when you hear the pundits cry foul over 3 million acres of federal land, remember: We don’t need Washington to protect our land. We need Washington to get out of the way.

Because this isn’t just about land. It’s about liberty. And once liberty is lost, it doesn’t come back easily.

This article originally appeared on TheBlaze.com.

EXPOSED: Why the left’s trans agenda just CRASHED at SCOTUS

Anna Moneymaker / Staff | Getty Images

You never know what you’re going to get with the U.S. Supreme Court these days.

For all of the Left’s insane panic over having six supposedly conservative justices on the court, the decisions have been much more of a mixed bag. But thank God – sincerely – there was a seismic win for common sense at the Supreme Court on Wednesday. It’s a win for American children, parents, and for truth itself.

In a 6-3 decision, the Supreme Court upheld Tennessee’s state ban on irreversible transgender procedures for minors.

The mostly conservative justices stood tall in this case, while Sotomayor, Kagan, and Jackson predictably dissented. This isn’t just Tennessee’s victory – 20 other red states that have similar bans can now breathe easier, knowing they can protect vulnerable children from these sick, experimental, life-altering procedures.

Anna Moneymaker / Staff | Getty Images

Chief Justice John Roberts wrote the majority opinion, saying Tennessee’s law does not violate the Equal Protection Clause. It’s rooted in a very simple truth that common sense Americans get: kids cannot consent to permanent damage. The science backs this up – Norway, Finland, and the UK have all sounded alarms about the lack of evidence for so-called “gender-affirming care.” The Trump administration’s recent HHS report shredded the activist claims that these treatments help kids’ mental health. Nothing about this is “healthcare.” It is absolute harm.

The Left, the ACLU, and the Biden DOJ screamed “discrimination” and tried to twist the Constitution to force this radical ideology on our kids.

Fortunately, the Supreme Court saw through it this time. In her concurring opinion, Justice Amy Coney Barrett nailed it: gender identity is not some fixed, immutable trait like race or sex. Detransitioners are speaking out, regretting the surgeries and hormones they were rushed into as teens. WPATH – the World Professional Association for Transgender Health, the supposed experts on this, knew that kids cannot fully grasp this decision, and their own leaked documents prove that they knew it. But they pushed operations and treatments on kids anyway.

This decision is about protecting the innocent from a dangerous ideology that denies biology and reality. Tennessee’s Attorney General calls this a “landmark victory in defense of America’s children.” He’s right. This time at least, the Supreme Court refused to let judicial activism steal our kids’ futures. Now every state needs to follow Tennessee’s lead on this, and maybe the tide will continue to turn.

Insider alert: Glenn’s audience EXPOSES the riots’ dark truth

Barbara Davidson / Contributor | Getty Images

Glenn asked for YOUR take on the Los Angeles anti-ICE riots, and YOU responded with a thunderous verdict. Your answers to our recent Glennbeck.com poll cut through the establishment’s haze, revealing a profound skepticism of their narrative.

The results are undeniable: 98% of you believe taxpayer-funded NGOs are bankrolling these riots, a bold rejection of the claim that these are grassroots protests. Meanwhile, 99% dismiss the mainstream media’s coverage as woefully inadequate—can the official story survive such resounding doubt? And 99% of you view the involvement of socialist and Islamist groups as a growing threat to national security, signaling alarm at what Glenn calls a coordinated “Color Revolution” lurking beneath the surface.

You also stand firmly with decisive action: 99% support President Trump’s deployment of the National Guard to quell the chaos. These numbers defy the elite’s tired excuses and reflect a demand for truth and accountability. Are your tax dollars being weaponized to destabilize America? You’ve answered with conviction.

Your voice sends a powerful message to those who dismiss the unrest as mere “protests.” You spoke, and Glenn listened. Keep shaping the conversation at Glennbeck.com.

Want to make your voice heard? Check out more polls HERE.

EXPOSED: Your tax dollars FUND Marxist riots in LA

Anadolu / Contributor | Getty Images

Protesters wore Che shirts, waved foreign flags, and chanted Marxist slogans — but corporate media still peddles the ‘spontaneous outrage’ narrative.

I sat in front of the television this weekend, watching the glittering spectacle of corporate media do what it does best: tell me not to believe my lying eyes.

According to the polished news anchors, what I was witnessing in Los Angeles was “mostly peaceful protests.” They said it with all the earnest gravitas of someone reading a bedtime story, while behind them the streets looked like a deleted scene from “Mad Max.” Federal agents dodged concrete slabs as if it were an Olympic sport. A man in a Che Guevara crop top tried to set a police car on fire. Dumpster fires lit the night sky like some sort of postapocalyptic luau.

If you suggest that violent criminals should be deported or imprisoned, you’re painted as the extremist.

But sure, it was peaceful. Tear gas clouds and Molotov cocktails are apparently the incense and candles of this new civic religion.

The media expects us to play along — to nod solemnly while cities burn and to call it “activism.”

Let’s call this what it is: delusion.

Another ‘peaceful’ riot

If the Titanic “mostly floated” and the Hindenburg “mostly flew,” then yes, the latest L.A. riots are “mostly peaceful.” But history tends to care about those tiny details at the end — like icebergs and explosions.

The coverage was full of phrases like “spontaneous,” “grassroots,” and “organic,” as if these protests materialized from thin air. But many of the signs and banners looked like they’d been run off at ComradesKinkos.com — crisp print jobs with slogans promoting socialism, communism, and various anti-American regimes. Palestinian flags waved beside banners from Mexico, Venezuela, Cuba, and El Salvador. It was like someone looted a United Nations souvenir shop and turned it into a revolution starter pack.

And guess who funded it? You did.

According to at least one report, much of this so-called spontaneous rage fest was paid for with your tax dollars. Tens of millions of dollars from the Biden administration ensured your paycheck funded Trotsky cosplayers chucking firebombs at local coffee shops.

The same aging radicals from the 1970s — now armed with tenure, pensions, and book deals — are cheering from the sidelines, waxing poetic about how burning a squad car is “liberation.” These are the same folks who once wore tie-dye and flew to help guerrilla fighters and now applaud chaos under the banner of “progress.”

This is not progress. It is not protest. It’s certainly not justice or peace.

It’s an attempt to dismantle the American system — and if you dare say that out loud, you’re labeled a bigot, a fascist, or, worst of all, someone who notices reality.

And what sparked this taxpayer-funded riot? Enforcement against illegal immigrants — many of whom, according to official arrest records, are repeat violent offenders. These are not the “dreamers” or the huddled masses yearning to breathe free. These are criminals with long, violent rap sheets — allowed to remain free by a broken system that prioritizes ideology over public safety.

Photo by Kyle Grillot/Bloomberg | Getty Images

This is what people are rioting over — not the mistreatment of the innocent, but the arrest of the guilty. And in California, that’s apparently a cause for outrage.

The average American, according to Los Angeles Mayor Karen Bass, is supposed to worry they’ll be next. But unless you’re in the habit of assaulting people, smuggling, or firing guns into people’s homes, you probably don’t have much to fear.

Still, if you suggest that violent criminals should be deported or imprisoned, you’re painted as the extremist.

The left has lost it

This is what happens when a culture loses its grip on reality. We begin to call arson “art,” lawlessness “liberation,” and criminals “community members.” We burn the good and excuse the evil — all while the media insists it’s just “vibes.”

But it’s not just vibes. It’s violence, paid for by you, endorsed by your elected officials, and whitewashed by newsrooms with more concern for hair and lighting than for truth.

This isn’t activism. This is anarchism. And Democratic politicians are fueling the flame.