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NCFM Advisers John Davis, J.D., LLM & Eric Nelson, Ph.D., BIDEN’S PROPOSED CHANGES TO TITLE IX SPELL DOUBLE-TROUBLE FOR YOUNG MEN IN COLLEGE

August 6, 2022
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Hanna Sandover falsely accused her ex-boyfriend of drugging and raping her, leading to his arrest and incarceration.  Later, and only when new evidence proved she was lying did Hanna admit her accusation was false.  Hanna was furious because “Sam” broke up with her.  Hanna wanted revenge.  As prosecutor Ryan Seneviratine noted “Hanna had numerous opportunities to admit the allegations were lies, but she didn’t.”  Sam, the young man, is now afraid of women and refuses to date any longer.[1]

YOUNG MEN, you have double-trouble if you are falsely accused of rape or domestic violence on a college or university campus.  Not only do you face the judicial war on men if criminal charges are filed, in a system where feminist prosecutors and judges automatically believe female accusers and don’t believe you–but also, you face persecution on campus as well.  This can include loss of scholarships, expulsion, refusal to provide a transcript, destruction of your reputation, and a stain that will follow you the rest of your life.  Now it is about to get much worse.

As a senator and later Vice President, Joe Biden drove creation of legislation and regulations that encouraged colleges and universities to adopt a hostile environment for men accused of rape or sexual assault.  This resulted in more than 1,500 lawsuits by young men who were falsely accused, who were denied due process in campus proceedings.  In many cases, federal courts found colleges and universities violated the due process rights of innocent young men investigated under Title IX.  This federal regulation prescribes rules for handling accusations of rape and sexual assault on college and university campuses.  If institutions don’t obey, federal funding, including student loans, will be cut off.

Betsy DeVos, Donald Trump’s Secretary of Education, leveled the playing field.  She added due process rights to Title IX.  The uproar was instant.  In spite of the fact that about half of all accusations of rape or sexual assault can be proven false,[2] leftist, feminist, socialists who make up the “always believe the women” cabal were furious that accused young men were given a fighting chance to clear their name and prove their accuser was lying.  Now that Joe Biden is President, his Education Department is moving swiftly to roll back Trump’s constitutional protections, and add new rules to make Title IX even more unfair.

Wanetta Gibson falsely accused Brian Banks of raping her.  Why?  Revenge for Brian saying something that made Wanetta upset.  After serving five years in prison Banks was released.  Wanetta contacted Brian and admitted she had falsely accused him.  She refused to tell this to prosecutors because she didn’t want to lose the $1.5 million dollars she got from a “victim” lawsuit against the school where she said the rape had occurred.  Fortunately Brian recorded Wanetta’s confession.  With the assistance of the California Innocence Project Brian was exonerated.  He lost a scholarship to attend USC, the opportunity to play in the NFL, his dignity, and five years of his life.[3]

So what is due process?  The right to know who one’s accuser is, to see the evidence, to know who the witnesses are, and to question the accuser her under oath and in person.  It is also the right to gather and present evidence of innocence, to have it fairly considered, and the right to be assumed innocent until proven guilty.  Finally, if accusations are proven false, it is the right to have the accuser disciplined or expelled.

Due process rights are established under the United States Constitution.  Specifics are worked out by Congress through legislation.  Due process is not created by the president, the judiciary, or employees of federal agencies such as the Department of Education.  When Secretary DeVos put due process into Title IX she was merely bringing it in line with the Constitution.  What Joe Biden plans to do is remove due process rights from Title IX.  In doing so, Biden is ignoring the Constitution, sneaking past Congress, and disregarding dozens of federal court decisions recognizing these rights for accused students.[4]

Under the Trump-era regulations, the definition of “sexual harassment” conformed, verbatim, to the Supreme Court’s definition.  Biden plans to expand sexual harassment to all unwelcome sex-based conduct if the accuser says it created a hostile environment.

Men with disabilities are at elevated risk for false accusations.  For example, Marcus Knight, a college student with cerebral palsy, autism, mobility challenges and a speech impediment greeted a female student with an offer to “fist bump.”  This is the COVID era alternative to shaking hands.  It is regularly used by Barak O’Bama, sports stars, and even Joe Biden when he recently met Mohammed bin Salman during a trip to Arabia.  The young woman immediately reported Ricardo for sexual harassment, and  Saddleback college promptly suspended him.[5]

Nikki Yovino falsely accused two high school athletes of rape.  Why did Nikki lie?  She admitted to police that she had consensual sex with both of them in a bathroom at a party.  Later she claimed rape because she wanted to get sympathy from a man she was trying to land as a boyfriend.  Both victims lost their football scholarships.  “I did nothing wrong… My life will never be the same… I went from being a college student to… being expelled with no way to clear my name.”  Several news sources report that Nikki repeatedly smirked as the victims were sharing their impact statements prior to her sentencing.[6]

The federal courts have uniformly held that any person accused of a crime has a Sixth Amendment right to confront their accuser in a live proceeding.  False accusers do not want that confrontation because being challenged on detail and inconsistencies makes them uncomfortable and can generate evidence of perjury (lying).  Biden’s changes will remove the accuser from the room if she would rather testify by phone or video.[7]

Other changes include limiting disclosure of the identity of the accuser or witnesses if the matter is handled informally.[8]  Worse still, accusers or witnesses proven to be lying will no longer be subject to discipline, i.e., the school “must not discipline a person for making a false statement.” [9]

But wait, there’s more.  Christians, Catholics, conservatives beware.  Under Biden’s re-write of Title IX it now becomes a campus crime to refer to someone by their biological, genetic, or apparent sex.  If you refuse to call someone a “they” or “their” rather than “him” for males and “her” for females–you will face discipline or expulsion.[10]

Emma Sulkowicz falsely accused Paul Nungesser of rape.  Paul had to spend a lot of money and two years in litigation to prove the accusations were false, and to force Columbia University to admit, in writing, that he was not guilty of any misconduct.  Paul was harassed by feminists on campus for two years, and his accuser was never brought to justice.

President Biden is returning us to the era where false accusers like Emma Sulkowicz are protected by Title IX, and universities will be quick to falsely accuse and convict young men in order to protect federal funding.  Good luck young men.


nat;ional coalition for men

 

John Davis, J.D., LLM was born in Cleveland, Ohio. He was educated at Case Western Reserve University (BA) (one of the top ten universities in the United States), Seattle University School of Law (JD), and, New York University School of Law (LL.M post-doctoral) (one of the top ten law schools in the United States). John is fluent in seven languages (including ancient Latin and Greek). He has travelled the world over, many times, and has represented clients, in his thirty five year career, such as the United States Government and the Federation of Russia. He has been a prosecutor four times in his 40 year career.  He has held positions such as Assistant Attorney General, Supreme Court Law Clerk, United States Speaker, and Deputy District Attorney. John is the author of “False Accusations of Rape: Lynching in the 21st Century” and “How to Avoid False Accusations of Rape.”  Purchase John’s books at www.amazon.com.

Eric L. Nelson, Ph.D., is an empirical criminologist specializing in police best practices for the investigation of domestic violence cases.  As a police officer Eric specialized in the investigation of domestic violence, sexual assault, and child abuse cases.  The FBI published Eric’s six step best practice method for the police investigation of domestic violence crime as a best practice.  It triples rates of prosecution and doubles rates of conviction.[11]  He is also a veteran of the Marine Corps, having served in counterintelligence and achieving the rank of Gunnery Sergeant.  Eric is the author of “The Judicial War On Men“, “Toxic Feminism” “Attorney Deposition Guide For Questioning A Domestic Violence Expert“, “Living & Working With Evil People“, and “Recovering From Toxic Masculinity Training.”  Purchase Eric’s books at https://aeqpub.com.  Follow him @ https://gettr.com/user/Dr_Nelson

Both men are advisors to the National Coalition For Men (www.ncfm.org).

[1]   Crisp, Wil (2018).  Girl made false accusation of rape after ex-boyfriend rejected her.  The Telegraph, May 28 2018.

[2]   See Nelson, Eric L. (2020).  The Judicial War on Men.  Aequalitatem Publishing.  https://www.aeqpub.com.

[3]   Unattributed (2013).  Female student who falsely claimed footballer raped her 10 years ago is forced to pay $2.6 million to school district, Daily Mail, Jun 21 2013; Unattributed (undated), Information page about Brian Banks, www.californiainnocenseproject.org, retrieved May 22 2019; Kandel, Jason (2013), Woman who falsely accused Brian Banks of rape ordered to pay $2.6M, NBC Los Angeles, Jun 15 2013.

[4]   See Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 87 Fed. Reg. 41,390 (July 12, 2022).

[5]  Keller, Megan, “This autistic student asked for a ‘fist bump’ and a selfie. He got two Title IX investigations,” The College Fix, July 27, 2018.  https://www.thecollegefix.com/this-autistic-student-asked-for-a-fist-bump-and-a-selfie-he-got-two-title-ix-investigations.

[6]   Clifford, Kristin (2018).  Nikki Yovino sent to prison for false rape charges against football players, rolls eyes during sentencing.  Inquisitr, Aug 24 2018, and, Naham, Matt (2018).  Woman who lied about rape appears to roll her eyes as she’s sentenced.  Law & Crime, Aug 23 2018, and, Tepfer, Daniel (2018).  Yovino sentenced to 1 year in false rape case.  CTPost, Aug 24 2018.

[7]   Supra, proposed changes to § 106.46(g).

[8]   Supra, proposed changes to § 106.44(j).

[9]   Supra, proposed changes to §106.45(h)(5).

[10] Supra, proposed regulation § 106.10.

[11] Nelson, Eric L. (2013c), “Investigating Domestic Violence: Raising Prosecution and Conviction Rates,” Law Enforcement Bulletin, December 2013.  United States Department of Justice, Federal Bureau of Investigation.  Available at http://leb.fbi.gov/2013/december/investigating-domestic-violence-raising-prosecution-and-conviction-rates.

national coalition for men

NCFM Advisers John Davis, J.D., LLM & Eric Nelson, Ph.D., BIDEN’S PROPOSED CHANGES TO TITLE IX SPELL DOUBLE-TROUBLE FOR YOUNG MEN IN COLLEGE

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One Response to NCFM Advisers John Davis, J.D., LLM & Eric Nelson, Ph.D., BIDEN’S PROPOSED CHANGES TO TITLE IX SPELL DOUBLE-TROUBLE FOR YOUNG MEN IN COLLEGE

  1. Dave from Oz on August 15, 2022 at 5:48 PM

    Never mind the Bill of Rights: these terms also violate Article 2, Section II, which states that crimes (sexual assault is a crime) are tried by the courts, not by campus administrative tribunals.

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