Second Thoughts Among Foes of Due Process? by KC Johnson

May 29, 2014

The National Center for Higher Education Risk Management, whose stated purpose is advising colleges on how to avoid legal liability, has earned a reputation as a foe of campus due process, especially on matters related to sexual assault. (In 2011, after FIRE criticized the “Dear Colleague” letter, NCHERM president Brett Sokolow responded, “FIRE is sticking up for penises everywhere.”) But a few weeks ago, Sokolow produced a “tip of the week” recounting how he had recently worked on five cases that he believed had produced a wrongful finding of guilt against a male student. And now the group has produced an open letter at war with itself—describing even more miscarriages of justice on campus, yet praising the OCR and anti-due process activists for their work.


The letter lists eight cases in which female students made false or dubious allegations of sexual assault. (It’s not clear if these eight cases are in addition to the five that Sokolow listed in his April document.) In the event, the four NCHERM authors concede they could “go on and on” with a listing of such events, none of which would seem to fit a definition of rape as the term is commonly understood.


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