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

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.

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.

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.

MORE FROM YOUNG VOICES

Black Lives Matter protesters sent a shocking, threatening letter to businesses and non-profits in Louisville, Kentucky. The letter made a series of demands related to racial reparations, and threatened consequences if the demands weren't met, the Daily Wire reported.

On the radio program Tuesday, Glenn Beck detailed the letter's list of demands and threats, and pointed out that these tactics are strikingly similar to those we've seen during some of history's darkest chapters.

The letter, which was sent to businesses in the East Market District in downtown Louisville, listed demands such as ensuring that at least 23% of staff are black, providing race and inclusion training for all employees, displaying a written statement professing support for the BLM movement, buying at least 23% of inventory from black retailers, and submitting to external audit.

"Repercussions for non-compliance" to these demands will result in sit-ins and protests being staged outside the business, social media smear campaigns, boycotts, negative media attention, and "invasive reclamation," the letter threatened.

"So, I'm making quite a charge here, but I think it absolutely fits," Glenn said on the show. "Carl Kaufman, the representation that was used by Hitler and his machine, he convinced the youth that they were the answer, they would finally take control, and they would bring equality. [Kaufman said] the Jews controlled everything, and because of the Jews, the Germans really didn't have any freedom. Because of the Jews, they couldn't do anything. They were held down by the Jews. He said, 'We're going to have to boycott those stores. And if those stores don't comply, we will keep our storm troopers outside of the doors.' And they did. They intimidated anyone who walked into those stores. They berated anyone who walked into those stores. They beat anyone who walked into those stores."

"I told you once, that if America goes dark, we'll become the darkest nation ever in the history of the world," Glenn continued. "Guys, we're allowing our nation to go dark. And we're doing it because of fear. Everybody knows this is wrong, but who is going to stand up against it?"

Watch the video below to hear more from Glenn:


Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Shortly after appearing on "The Glenn Beck Radio Program" last Thursday, Los Angeles-based emergency medicine specialist Dr. Simone Gold got a call saying she was fired for speaking out about the efficacy of hydroxychloroquine in a now-banned viral video.

Dr. Gold returned to the radio program Monday to detail exactly what happened, the reason the hospitals gave for her firing, and how they threatened to fire her colleagues as well if she "didn't go quietly."

"Most emergency physicians work at more than one [hospital], as I do, and I've actually been fired from both," she told Glenn. "They told me that I appeared in an embarrassing video, and therefore, I would no longer be welcome to work there ... then they said, if I didn't go quietly and I made a fuss, they would have all the doctors in the group, you know, they'd have to go and they'll get a whole new doctor group."

Dr. Gold said she does not regret speaking out about hydroxychloroquine during the controversial "White Coat Summit" news conference held in Washington, D.C., last week. A video of the news conference quickly went viral on social media before being removed by Facebook, Twitter, YouTube, and others for allegedly making false claims related to COVID-19.

"Bring it on," she said. "I want to continue to live in America. I want my children to continue to live in America. I don't want them to grow up in a place like China. When you get to a point where, not only can I not speak as a scientist, as a doctor, for what I know to be absolutely true, but you then want to cancel me and my colleagues, this is not okay. I would much rather fight than not fight ... and I want everybody to know that there are literally millions and millions of Americans who are on our side. Millions. I believe it's the majority."

Glenn then asked Dr. Gold to weigh in on the Centers for Disease Control and Prevention's new guidelines encouraging schools to reopen in the fall and the left's relentless drive to keep them closed.

"There's no actual scientific debate whatsoever if schools should open. None. There's no scientific debate. There's no serious person who thinks schools shouldn't open. Now, [through] some governors and policy makers, there's pressure being brought to bear on school districts, but there's no actual scientific debate. So it's going to come down to parents pressuring their local school districts to act in a responsible fashion."

Watch the video below to catch more of the conversation:


Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Fox News host Greg Gutfeld joined Glenn on "The Glenn Beck Podcast" this week to talk about his new book, "The Plus: Self-Help for People Who Hate Self-Help."

Greg admits he is probably the last person who should write a self-help book. Nevertheless, he offers his offbeat advice on how to save America during what has become one of the most tumultuous times in history, as well as drinking while tweeting (spoiler: don't do it).

He also shares his "evolution" on President Donald Trump, his prediction for the election, and what it means to be an agnostic-atheist.

In this clip, Greg shares what he calls his "first great epiphany" on how dangerous cancel culture has become.

"I believe that cancel culture is the first successful work-around of the First Amendment," he said. "Because freedom of speech doesn't protect me from my career being ruined, my livelihood being destroyed, or me getting so depressed I commit suicide. Cancel culture is the first successful work-around of freedom of speech. It can oppress your speech with the scepter of destruction. We don't have freedom of speech anymore."

Watch the video clip below or find the full Glenn Beck Podcast with Greg Gutfeld here.

Want to listen to more Glenn Beck podcasts?

Subscribe to Glenn Beck's channel on YouTube for FREE access to more of his masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, or subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Use code UNMASKED to save $20 on one year of BlazeTV.

Dr. Simone Gold joined Glenn Beck on the radio program Thursday to set the record straight about hydroxychloroquine -- what it is, how it works, and the real reason for all the current controversy surrounding a centuries-old medication.

Dr. Gold is a board certified emergency physician. She graduated from Chicago Medical School before attending Stanford University Law School. She completed her residency in emergency medicine at Stony Brook University Hospital in New York, and worked in Washington D.C. for the Surgeon General, as well for the chairman of the Committee on Labor and Human Resources. She works as an emergency physician on the front lines, whether or not there is a pandemic, and her clinical work serves all Americans from urban inner city to suburban and the Native American population. Her legal practice focuses on policy issues relating to law and medicine.

She is also the founder of America's frontline doctors, a group of doctors who have been under attack this week for speaking out about hydroxychloroquine during a news conference held outside the U.S. Supreme Court in Washington D.C.

On the program, Dr. Gold emphasized that the controversy over hydroxychloroquine is a "complete myth."

"Hydroxychloroquine is an analogue or a derivative of quinine, which is found in tree bark. It's the most noncontroversial of medications that there is," she explained.

"It's been around for centuries and it's been FDA-approved in the modern version, called hydroxychloroquine, for 65 years. In all of that time, [doctors] used it for breast-feeding women, pregnant women, elderly, children, and immune compromised. The typical use is for years or even decades because we give it mostly to RA, rheumatoid arthritis patients and lupus patients who need to be on it, essentially, all of their life. So, we have extensive experience with it ... it's one of the most commonly used medications throughout the world."

Dr. Gold told Glenn she was surprised when the media suddenly "vomited all over hydroxychloroquine", but initially chalked it up to the left's predictable hatred for anything President Donald Trump endorses. However, when the media gave the drug Remdesivir glowing reviews, despite disappointing clinical trial results, she decided to do some research.

"[Remdesivir] certainly wasn't a fabulous drug, but the media coverage was all about how fabulous it was. At that moment, I thought that was really weird. Because it's one thing to hate hydroxychloroquine because the president [endorsed] it. But it's another thing to give a free pass to another medicine that doesn't seem that great. I thought that was really weird, so I started looking into it. And let me tell you, what I discovered was absolutely shocking," she said.

Watch the video below for more details:


Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.