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.

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99% see THROUGH media’s L.A. riot cover-up

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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.

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EXPOSED: Your tax dollars FUND Marxist riots in LA

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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.

This article originally appeared on TheBlaze.com.

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But let’s cut through the noise. The protesters' grievances—rigged courts, deported citizens, slashed services—are a house of cards. Zero Americans have been deported, Federal services are still bloated, and if anyone is rigging the courts, it's the Left. So why rally now, especially with riots already flaring in L.A.?

Chaos isn’t a side effect here—it’s the plan.

This is not about liberty; it's a power grab dressed up as resistance. The "No Kings" crowd wants you to buy their script: government’s the enemy—unless they’re the ones running it. It's the identical script from 2020: same groups, same tactics, same goal, different name.

But Glenn is flipping the script. He's dropping a new "No Kings but Christ" merch line, just in time for the protest. Merch that proclaims one truth: no earthly ruler owns us; only Christ does. It’s a bold, faith-rooted rejection of this secular circus.

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