WBEZ | title ix http://www.wbez.org/tags/title-ix Latest from WBEZ Chicago Public Radio en For students accused of campus rape, legal victories win back rights http://www.wbez.org/news/students-accused-campus-rape-legal-victories-win-back-rights-113350 <p><div style="text-align: center;"><img alt="" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/As%20colleges%20have%20been%20cracking%20down%20on%20campus%20sexual%20assault%2C%20some%20students%20have%20been%20complaining%20that%20schools%20are%20going%20too%20far%20and%20trampling%20the%20rights%20of%20the%20accused%20in%20the%20process..jpg" style="height: 440px; width: 620px;" title="As colleges have been cracking down on campus sexual assault, some students have been complaining that schools are going too far and trampling the rights of the accused in the process. (Alberto Ruggieri/Illustration Works/Getty Images)" /></div><div><p>College students can&#39;t miss the warnings these days about the risk of campus sexual assault, but increasingly, some students are also taking note of what they perceive as a different danger.</p><p>&quot;Once you are accused, you&#39;re guilty,&quot; says Parker Oaks, one of several Boston University students stopped by NPR between classes. &quot;We&#39;re living in a society where you&#39;re guilty before innocent now.&quot;</p><p>Xavier Adsera, another BU student, sounds a similar theme. &quot;We used to not be fair to women on this issue,&quot; he says. &quot;Now we&#39;re on the other extreme, not being fair to guys.&quot;</p><p>As colleges crack down on sexual assault, some students complain that the schools are going too far and trampling the rights of the accused in the process. In recent months, courts around the nation have offered some of those students significant victories, slamming schools for systems that are stacked against the accused.</p><p>&quot;Schools are overcorrecting,&quot; says a student from the University of California, San Diego. &quot;People like me are always getting hurt.&quot;</p><p>The student, who was suspended last spring after a fellow student accused him of sexual assault, asked to remain anonymous to protect his reputation. He says he was shocked by the accusation and denies any nonconsensual contact. He and his accuser had been hanging out, texting, partying and studying together on friendly terms for months after the alleged assault, he says. And he says he still has text messages to prove it, including her messages asking to come over to his place and share drinks, or &quot;pre-game,&quot; together before a party.</p><p>But he says he never had a chance to make his case because the school wouldn&#39;t let him introduce his text messages as evidence, challenge the investigator or effectively cross-examine his accuser.</p></div><p>&quot;I was so angry because that was really my sole opportunity to defend myself,&quot; he says.</p><p>So he took his&nbsp;<a href="http://www.nacua.org/documents/Doe_v_RegentsUCASanDiego.pdf">case to court</a>, filing as John Doe, and won what&#39;s being called a landmark ruling against UC-San Diego. The judge said the school&#39;s process was unfairly skewed against Doe and ordered the school to reinstate him. &quot;While the Court respects the university&#39;s determination to address sexual abuse and violence on its campus,&quot; wrote Superior Court Judge Joel M. Pressman, &quot;the hearing against petitioner was unfair.&quot;</p><p>&quot;I was ecstatic at that point,&quot; Doe says. &quot;It kind of took some b**** for a judge to come out and make the decision that they made, because every single point that we raised about unfairness and lack of evidence, the judge agreed with.&quot;</p><p>&quot;A case like this makes for a really easy lesson to say, &#39;This is what not to do,&#39;, &quot; says Western New England University law school professor Erin Buzuvis, who&nbsp;<a href="http://title-ix.blogspot.com/">blogs about sexual assault</a>&nbsp;and also consults to universities on how to handle allegations. The San Diego ruling is one of a recent flurry of decisions slamming schools for systems stacked against accused students.</p><p>In the past few months, Middlebury College and the University of Southern California were both ordered to reinstate expelled students. So was the University of Tennessee, Chattanooga after a judge ruled the school was basically upending a fundamental principle of justice by making an accused perpetrator prove he wasn&#39;t guilty.</p><p>&quot;I&#39;ve looked at what a university has done and thought, &#39;Oh, gosh, what are you thinking?&#39; &quot; Buzuvis says.</p><p><img alt="" class="image-original_image" in="" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/AP_120314163508.jpg" style="height: 227px; width: 310px; float: right; margin-left: 10px; margin-right: 10px;" title="This Wednesday, March 14, 2012 photo shows attorney Wendy Murphy in the law library at the New England School of Law in Boston. Murphy, who has filed numerous Title IX complaints on behalf of victims, says colleges cave too easily in the face of threatened lawsuits from students accused of sexual violence. Most victims don't have the resources to pursue lawsuits, which is precisely why Title IX procedures on campus must work for them. That means putting a thumb on the scale in favor of victims - such as the &quot;preponderance of the evidence&quot; standard the Obama administration has said schools must use in adjudicating such cases. (AP Photo/Elise Amendola)" />Some 50 challenges lodged by accused students are now in the pipeline; that&#39;s up from about a dozen just two years ago. Even one of the more brazen lawsuits, which claims a kind of reverse discrimination in federal court, recently logged a rare (albeit preliminary) legal victory.</p><p>The case, against Washington and Lee University, argues that overzealous administrators, who are using Title IX to crack down on gender discrimination and sexual assault, are actually violating the federal law at the same time by systematically discriminating against men. Most such cases filed in federal court have failed to get out of the box, but a judge allowed the claim against Washington and Lee to at least survive a first hurdle.</p><p>At the same time, the public conversation around campus sexual assault is beginning to put more focus on due process for accused students, and many campuses have been adding new protections for accused students &mdash; like the right to an attorney.</p><p>Joe Cohn, who&#39;s been advocating for the rights of the accused with the Foundation for Individual Rights in Education, says he&#39;s heartened that two new bills on campus sexual assault include robust due-process protections. (The bills are the&nbsp;<a href="https://www.congress.gov/bill/114th-congress/house-bill/3408">Fair Campus Act</a>&nbsp;and the&nbsp;<a href="https://www.congress.gov/bill/114th-congress/house-bill/3403">Safe Campus Act</a>.) He says he also sees it as a victory that he &mdash; as an advocate for the accused &mdash; was invited to testify at a recent congressional hearing. But once there, he says, he was struck by how much more the pendulum has yet to swing.</p><p>At the hearing, Democratic Rep. Jared Polis of Colorado wondered aloud why campuses don&#39;t decide cases using a lower standard of evidence. &quot;I mean, if 10 people are accused and under reasonable likelihood standard maybe one or two did it, it seems better to get rid of all 10 people,&quot; he said. Polis has since walked back his comments, saying he &quot;went too far by implying that I support expelling innocent students from college.&quot; But Cohn says he continues to be dismayed that the comment was made and that it drew applause.</p><p>&quot;We are a ways away from reaching the kind of equilibrium that will provide fundamental fairness to everyone involved,&quot; Cohn says.</p><p>In some ways, advocates say, accused students are following much the same path that victims did: first suffering silently, thinking they&#39;re the only ones, then slowly connecting with others, then with attorneys and eventually becoming a force to be reckoned with.</p><p>&quot;The irony isn&#39;t lost on us,&quot; says Sherry Warner-Seefeld, founder of a group called Families Advocating for Campus Equality. &quot;The parallels are uncanny, frankly.&quot;</p><p>Warner-Seefeld started the group a year ago after her son was suspended for sexual assault and then won on appeal. Now, Seefeld says, she can barely keep up with calls from guys in the same situation. Many accused students see themselves as victims, she says, and they feel as traumatized as victims of sexual assault.</p><p>&quot;If we dare to suggest such a thing, there are a number of people that go pretty hysterical about that,&quot; she says. &quot;But we know for a fact that there are huge amounts of depression [among students who have been accused and punished after a hearing they claim was unfair].&quot;</p><p>Warner-Seefeld says she&#39;s encouraged by what she sees as a new trend in the courts. She says there&#39;s no question that schools have historically had a problem: automatically doubting and blaming accusers. And she&#39;s quick to add that it&#39;s still an issue. But schools need to fix that, she says, without creating a new problem by automatically doubting and blaming the accused.</p><p>&mdash;<a href="http://www.npr.org/2015/10/15/446083439/for-students-accused-of-campus-rape-legal-victories-win-back-rights?ft=nprml&amp;f=446083439"><em> via NPR</em></a></p></p> Thu, 15 Oct 2015 10:31:00 -0500 http://www.wbez.org/news/students-accused-campus-rape-legal-victories-win-back-rights-113350 Morning Shift: July 10, 2015 http://www.wbez.org/programs/morning-shift/2015-07-14/morning-shift-july-10-2015-112387 <p><p><iframe frameborder="no" height="166" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/214538029&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_artwork=false" width="100%"></iframe></p><p><span style="color: rgb(51, 51, 51); font-family: Arial, sans-serif; font-size: 14px; line-height: 22px;">Illinois State Senators talk about the stalemate with the budget, Chicago Public Schools will be doing more to ensure there&rsquo;s no discrimination when it comes to girls and high school school sports and we get a preview and plan of how to conquer Taste of Chicago.</span></p></p> Fri, 10 Jul 2015 13:46:00 -0500 http://www.wbez.org/programs/morning-shift/2015-07-14/morning-shift-july-10-2015-112387 Title IX rules hit Chicago http://www.wbez.org/programs/morning-shift/2015-07-14/title-ix-rules-hit-chicago-112383 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/146165203_a231642c3d_z (1).jpg" alt="" /><p><p><iframe frameborder="no" height="166" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/214535761&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_artwork=false" width="100%"></iframe></p><p><span style="color: rgb(51, 51, 51); font-family: Arial, sans-serif; font-size: 14px; line-height: 22px;">It&rsquo;s parade day in New York to celebrate the US Women&rsquo;s Soccer Team World Cup win. There&rsquo;s no doubt lots of young girls have gotten the soccer bug due to the World Cup excitement. But if you&rsquo;re a Chicago Public Schools high school student there&rsquo;s a chance you didn&rsquo;t have an opportunity to play on a girls soccer team. That&#39;s because according to a lawsuit filed by the National Women&rsquo;s Law Center, CPS discriminated against female students on the basis of sex when it came to interscholastic sports.</span></p><p><span style="color: rgb(51, 51, 51); font-family: Arial, sans-serif; font-size: 14px; line-height: 22px;">CPS has agreed to up its game as part of an agreement with the US Education Department, in accordance with Title IX rules. Here with more on the agreement and why it was needed in the first place is Fatima Goss Graves, Vice President for Education and Employment at the National Women&#39;s Law Center.</span></p></p> Fri, 10 Jul 2015 13:23:00 -0500 http://www.wbez.org/programs/morning-shift/2015-07-14/title-ix-rules-hit-chicago-112383 The Title IX Olympics http://www.wbez.org/blogs/cheryl-raye-stout/2012-08/title-ix-olympics-101782 <p><div class="image-insert-image " style="text-align: center;"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/US%20women%27s%20basketball%20grabs%20their%20fifth%20straight%20gold%20medal%20in%20London.jpg" title="The U.S. women's basketball team grabs their fifth straight gold medal. (AP/Dusan Vranic)" /></div><p>If I leave the 2012 Olympic Games moment with any one particular memory, it&#39;s of the resounding triumph of &nbsp;America&#39;s women. Their excellence coincided with the 40th anniversary of Title IX, which brings an old phrase comes to mind: &quot;You&rsquo;ve come a long way baby.&quot;&nbsp;</p><p>Of course, most of the participants probably don&rsquo;t remember that Virginia Slim&rsquo;s tag line. But those of us from that generation recall an era where we couldn&rsquo;t participate in most sports; nor did we have the opportunity to go to college on an athletic scholarship. That&#39;s one reason these games mean a lot to women like me. Title IX, which gave women equal rights to earn NCAA scholarships, was signed on June 23, 1972 &mdash; one month after I finished high school. There were no athletic scholarships for me or any of the other women in my graduating class.</p><p>Compare that the women returning to Chicago after toppling France and earning America a fifth-straight gold medal in Olympic basketball: Chicago Sky players Swin Cash and Sylvia Fowles. Each has now won two gold medals; Cash earned her first at the 2004 games in Athens and Fowles won in Beijing in 2008.</p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/Swin%20Cash%20at%20the%20gold%20medal%20ceremony%20in%20London.jpg" style="width: 300px; height: 167px; float: right; " title="Swin Cash, center, receives her gold medal in the 2012 Olympics. (AP/Eric Gay)" />Both Cash and Fowles paid homage to the law that gave them the chance to play the sport they love. Fowles gave credit to the women that paved the way for her and hopes to become a role model for other young women in turn. Cash acknowledged that Title IX was instrumental in the success of women athletes, especially at these Olympic games. &ldquo;When you invest in women, we can give you the same production as men,&rdquo; she said. It showed in the viewing numbers: the women&rsquo;s basketball games were almost on par with the men&rsquo;s basketball games. We <em>have</em> come a long way, baby!</p><p>Both Cash and Fowles said the Olympic experience in London was terrific. Despite tough practices Fowles took advantage of the city with visiting friends and family. &ldquo;I took a tour with my mom,&quot; she said. &quot;I liked Big Ben, Piccadilly [Circus] and the palace.&quot; The lack of a language barrier was a comfort for her too. Cash also saw the sights, shopped and went to watch the beach volleyball games, which she said was &ldquo;amazing.&rdquo; She compared being in the Olympic venue to being on the &ldquo;White House lawn or Rose Garden.&quot;</p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/Sylvia%20Fowles%20in%20the%20gold%20medal%20game%20versus%20France.jpg" style="width: 300px; height: 358px; float: left;" title="Sylvia Fowles in the gold medal game versus France. (AP/Julio Cortez)" />Even though they had limited time together, the 12 women on the U.S. team developed a close bond. &ldquo;We all had a selfless mindset. We understood what our goal was; we were not just representing ourselves but for our country,&rdquo; said Cash. The experience was humbling for the 32-year-old player since she missed the Beijing Olympics due to an injury. It was also the last time she will ever stand on the podium as an Olympic medalist since this was her final Summer Games.</p><p>Cash, however, hopes to be a broadcaster for the 2016 games in Brazil; she believes she&#39;s made enough sacrifices &ndash;&nbsp;personally and professionally &ndash; for her career in the WNBA. Her long term goal, she said, is to be married and have children. &ldquo;As women those are things we have to think about,&rdquo; Cash said. &ldquo;Our male counterparts don&rsquo;t have to think about that.&rdquo; Her teammate Sylvia Fowles, however, would love another opportunity to play in the Olympics. &ldquo;If my body stays the same, hopefully, I will be in Rio,&rdquo; she said.</p><p>Now that both ladies are home and the WNBA is returning to business, both would love to do something for the Sky and their fans: get into the playoffs. With a month off, injured players were able to get healthy, or at least get rested. Fowles, Cash and Epiphanny Prince will be key to helping their team make their first post-season appearance. Cash did not play as much in the Olympics and said it will take a couple of games to get into shape.&nbsp;</p></p> Tue, 21 Aug 2012 08:00:00 -0500 http://www.wbez.org/blogs/cheryl-raye-stout/2012-08/title-ix-olympics-101782 A closer look at Title IX: The pros and the cons http://www.wbez.org/episode-segments/closer-look-title-ix-pros-and-cons-0 <img typeof="foaf:Image" src="http://llnw.wbez.org//women bball_0.jpg" alt="" /><p><p>In early November, the National Women&rsquo;s Law Center filed a complaint against Chicago Public Schools, saying CPS was in violation of Title IX. That&rsquo;s the 1972 federal law prohibiting sexual discrimination in federally funded education programs. According to the complaint, the disparity between the number of female students and the number of female athletes is 33 percent. We recently presented two opposing viewpoints on the effectiveness of the law. Angelina Williams was a two-time all-state basketball player at George Washington High School. She then went on to have a great career with the Illini, in the WNBA and in Europe. She told &quot;Eight Forty-Eight&quot; how Title IX made a positive difference in her life. The alternative view came from Professor Richard Epstein of the University of Chicago Law School who argued that a law designed to level the playing field has actually resulted in inequity</p><p>There&rsquo;s been a 940 percent increase in women's sports participation since the 1972 passing of a federal law prohibiting sexual discrimination against female athletes in federally funding schools. Under the <a href="http://www.nwlc.org/" target="_blank">National Women&rsquo;s Law Center</a>'s suit, Chicago Public Schools are allegedly the worst offenders. Under the law, sporting opportunities for girls should be proportionate to their overall enrollment in the school. </p><p>&nbsp;</p></p> Tue, 21 Dec 2010 20:46:00 -0600 http://www.wbez.org/episode-segments/closer-look-title-ix-pros-and-cons-0 A closer look at Title IX: The pros and the cons http://www.wbez.org/episode-segments/closer-look-title-ix-pros-and-cons <img typeof="foaf:Image" src="http://llnw.wbez.org//women bball.jpg" alt="" /><p><p>There&rsquo;s been a 940 percent increase in women's sports participation since the 1972 passing of a federal law prohibiting sexual discrimination against female athletes in federally funding schools. But, <a href="http://www.nwlc.org/" target="_blank">National Women&rsquo;s Law Center</a> recently file a Title IX complaint against a dozen school districts. Chicago Public Schools are allegedly the worst offenders. Under the law, sporting opportunities for girls should be proportionate to their overall enrollment in the school. By that measure, CPS has an average participation gap of 33 percent.</p><p>But those programs have given us athletes like <a href="http://www.wnba.com/playerfile/angelina_williams/" target="_blank">Angelina Williams</a>. She was a two-time all-state basketball player at George Washington High School on the far South Side. She scored more than one thousand points as a forward at the University of Illinois. After graduating she spent two years in the <a href="http://www.wnba.com/" target="_blank">WNBA </a>then went overseas to play pro ball in Europe. Last year Angelina was sidelined by a foot injury but she joined Eight Forty-Eight to talk about how Title IX made her journey possible.<br /><br />And for another point of view, <a href="http://www.law.uchicago.edu/faculty/epstein" target="_blank">Professor Richard Epstein</a> explained why he thinks Title IX creates inequities.</p><p><em>Music Button: Thunderball, &quot;Runaway&quot;, from the CD 12 Mile High, (ESL) </em></p><p>&nbsp;</p></p> Tue, 16 Nov 2010 14:04:00 -0600 http://www.wbez.org/episode-segments/closer-look-title-ix-pros-and-cons