KC Johnson is a history professor at Brooklyn College and the City University of New York Graduate Center. He is the author, along with Stuart Taylor, of The Campus Rape Frenzy: The Attack on Due Process at America's Universities.
The bizarre procedures of Yale’s sprawling sexual assault bureaucracy may well be the worst in the nation. We have come to realize this because Yale is the only university to publicly document all campus allegations of sexual assault, the result of a 2012 agreement with the Obama administration. Reports issued by Deputy Provost Stephanie Spangler […]
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Some politicians and media outlets seem to believe that college and university campuses are beset by a culture that is indifferent to rape and that the procedures for investigating and adjudicating claims of sexual assault are so one-sided as to constitute gender discrimination against female accusers. In reality, schools for decades have denied meaningful due […]
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With the demise of the Friedrichs case, with the post-Scalia Supreme Court giving a 4-4 victory to organized labor, it seems likely that the faculty unions that currently exist at public universities will survive. At the same time, the increasing number of adjuncts creates a potentially awkward situation: should faculty unions equally seek to represent […]
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Friday morning brought important news from the Second Circuit, which vacated a decision from Judge Jesse Furman in the Doe v. Columbia U. case, giving the accused student a rare new chance to prove his university denied him a fair proceeding. It was the first decision by an Appeals Court to deal with campus sexual […]
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Monday’s Chronicle of Higher Education featured an article by Sarah Brown, a very one-sided article, on a gathering dealing with campus efforts to cope with sexual assault. It reviewed a federally-funded program, the National Center for Campus Public Safety, to better train colleges in adjudicating allegations of sexual assault. “I want to get this right,” […]
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University of Virginia dean Nicole Eramo’s lawsuit against Rolling Stone has produced hundreds of pages of documents on how the botched article about University of Virginia came to be published—and how UVA employees handled sexual assault claims. Last week, Rolling Stone filed affidavits and notes from the key people involved in the project. I’ve provided […]
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Both campus rape activists and their political allies—such as Kirsten Gillibrand—have consistently championed “campus climate surveys,” which they claim are necessary to provide more data about the purported epidemic of violent crime sweeping the nation’s campuses. It’s hard to argue against more data. But these surveys always are incomplete—they never ask about campus attitudes toward […]
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Yale has brought controversial charges against two star athletes in recent years, both on the eve of their biggest games: quarterback Patrick Witt in 2014 just before the Yale-Harvard game (and when he was up for a Rhodes scholarship) and Jack Montague, captain of the Ivy-League championship basketball tram just before this year’s rare appearance […]
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In a recent op-ed in the Washington Post Stuart Taylor, Jr. and I discuss the Brock Turner case at Stanford. We argue that the case proves that campus felonies like sexual assault are better handled by the criminal justice system than by campus tribunals—in no small measure because the public can have confidence in the Turner verdict […]
Read MoreAmong the many anti-campus due process groups that have appeared in the past five years, the most prominent is Know Your IX, co-founded by two self-described sexual assault victims, Dana Bolger and Alexandra Brodsky. The group has an active presence on social media; trains activists to crusade against due process at their home campuses; and […]
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In a Commentary essay earlier this spring, I argued that universities’ response to the 2015-2016 campus protests can be seen, in part, through the lens of faculty and administrators sharing the protesters’ diversity-obsessed goals, if not agreeing with them on tactics. A recent protest from Dartmouth confirmed the point. Sometimes, campus speech issues are complicated. […]
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Calls for additional or new “campus climate surveys” have been a regular feature the post-2011 war on campus due process. The White House has produced a template that colleges can copy. The Gillibrand/McCaskill Campus Safety and Accountability Act (co-sponsored by such Republicans as Marco Rubio, Charles Grassley, and Kelly Ayotte) contains a provision seeking to […]
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The prospect of the Office for Civil Rights (OCR) being sued has been much in the news lately. Talk began with an announcement from FIRE—on the fifth anniversary of the issuance of the “Dear Colleague” letter—that it was soliciting an accused student to sue OCR. Attorney Andrew Miltenberg then filed two such suits, on behalf […]
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Max Stern, the lawyer for the expelled Yale basketball captain Jack Montague, has spoken out, announcing that he will sue Yale on behalf of Montague in April, and clarifying some details in the case, including a very surprising one: that the aggrieved female did not file the sexual misconduct complaint. In his telling, Montague had […]
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Jack Montague, captain of Yale’s basketball team, has been expelled from the university on some sort of sex charge and the story continues to get uglier. Since his family has basically declined to comment (for understandable reasons) and because Yale chooses (for incomprehensible reasons) to employ “a more expansive definition of sexual assault” than state […]
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The case of Yale basketball player Jack Montague, who was expelled from Yale, allegedly because of a rape charge, has gotten a lot of press in the last few days. At this stage, I know nothing of the facts of the case, but I do know that Montague has lawyered up and his father told […]
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Yale is the only university that regularly issues reports on its handling of sexual assault complaints, the result of a 2012 resolution agreement with the Office for Civil Rights (OCR). The university is also unusual in reporting so many sexual complaints, the result of its peculiar decision to broaden the campus definition of “sexual assault” […]
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By KC Johnson The University of Cincinnati has a fascinating response to a recent lawsuit filed by two students alleging serious misconduct by UC and several of its administrators in sexual assault proceedings: “Even accepting Plaintiffs’ allegations as true, they received constitutional due process protections.” Since UC informed them of the charges, and gave them a hearing, […]
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By KC Johnson The Chronicle of Higher Education has received a good deal of attention for putting together a website cataloguing all the Title IX complaints currently pending with the Obama administration’s Office for Civil Rights (OCR). But the site should mostly be seen as a concrete demonstration of how little we know about these […]
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Befitting its vision as one of the nation’s great universities, Duke declares that it grants tenure only to the best. Tenure at Duke, according to the university’s official policy, “should be reserved for those who have clearly demonstrated through their performance as scholars and teachers that their work has been widely perceived among their peers […]
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The Supreme Court will consider two key cases relating to higher education this term. Fisher could curtail the use of racial preferences in admissions. Friedrichs could require higher-education unions to represent only those members who agree with the union’s usefulness. As currently structured, public employee unions, including those at colleges and universities, must refund the portion […]
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A good rule of thumb when considering campus due process matters: If the Senate’s two most ardent foes of campus civil liberties, Kirsten Gillibrand and Claire McCaskill oppose something, the measure is probably worth a good look. The Safe Campus Act, which recently received criticism from the two senators, deserves more than a look. It […]
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The often-debunked statistic on campus sexual assault, that one in five women can expect to be attacked, has reappeared, inflated once more–this time to 23 percent–in a survey by the Association of American Universities (AAU), with the expected headlines from the expected quarters, such as The New York Times. The general critiques of previous campus […]
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Last week came two more court decisions involving due process and campus sexual assault. The first, which involved a student at Case Western Reserve University, had Judge Christopher Boyko (a George W. Bush appointee) ruling that it was plausible the accused student was innocent and the CWRU had manufactured inculpatory evidence—but there was nothing he […]
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At a House oversight hearing last week, Representative Jared Polis (D-Colorado) seemed deeply troubled by two arguments raised by FIRE’s Joseph Cohn: that trained police, rather than campus bureaucrats, are better equipped to investigate felony offenses; and that the current campus tribunals deny meaningful due process for students accused of sexual assault. In response, Polis […]
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On Friday, a federal court filing revealed that University of Michigan had settled its lawsuit with Drew Sterrett. The case, first exposed by Emily Yoffe in her sensational Slate article, featured Michigan branding Sterrett a rapist despite overlooking critical exculpatory evidence (including from the roommates of Sterrett and the accuser) and very troubling conduct by […]
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However harmful the effects of the “Dear Colleague” letter to colleges and universities from the Education Department’s Office of Civil Rights, the document is a floor, not a ceiling, to OCR’s efforts to weaken campus due process. Resolution letters between OCR and various universities have allowed the agency to go well beyond the “Dear Colleague” […]
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The College Board’s new AP U.S. history standards (APUSH) remain in the news. A recent piece by Stanley Kurtz suggests that despite the revisions, the standards remain unsatisfactory and will prevent the instruction of more traditional topics in U.S. history. A piece in EDWeek, on the other hand, has quotes from historians mostly praising the […]
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Earlier this week, Tennessee Chancery Court Judge Carol McCoy overturned the University of Tennessee-Chattanooga’s decision to brand one of its students, Corey Mock, a rapist. The case attracted an unusual amount of attention. Mock had been a star wrestler for the UTC program. His accuser, Molly Morris, had gone public with her version of events […]
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Since 2011, as part of its settlement with the Department of Education’s Office for Civil Rights, Yale has published biannual reports that provide brief summaries of each sexual assault allegation at the university. (Yale is the only university in the country to have such an obligation.) I’ve analyzed each of these reports, issued by the […]
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