He said it was consensual. She said she blacked out. U-Va. had to decide: Was it assault?

When Haley Lind was found alone in a stranger’s bathroom, she was naked and in a drunken stupor, barely able to stand or speak, a raucous party raging around her. She awoke in her bed hours later, her head pounding, leaves in her hair, soaked in her own urine. “I think I got assaulted last night,” she texted a friend the morning after the annual welcome-back-to-school Block Party at the University of Virginia. “Something just feels very wrong.” The Washington Post reconstructed the events of the night Lind says she was sexually assaulted at U-Va. — and the turmoil that followed — through a review of internal school records, witness statements and legal documents, as well as in numerous interviews, including with Lind, the freshman athlete she accused and their attorneys.

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On That Point – Sexual Assault on College Campuses

On That Point takes a look at how sexual assault policies are being handled at Boston University and around the country.

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Federal Court Stifles the Campus SaVE Act

In an important court ruling last week, a federal judge in D.C. ruled that the Campus SaVE Act can have “no effect” on Title IX. This was a critically important victory and an important first step on the way to ensuring that no sexual assault victim on any campus is subjected to second-class justice when she seeks redress in the aftermath of sex-based violence (sexual assault, dating violence and stalking.)

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Victory! Court Rules The Campus SAvE Act Has No Effect On Title IX

Earlier today, in two long-awaited companion court rulings, a federal judge in the District of Columbia ruled that Title IX’s civil rights standards for addressing sexual assault on campus were not weakened by the 2013 Campus SaVE Act.

With this decision, colleges and universities—many of which are already under investigation by the Department of Education’s Office for Civil Rights—cannot rely on Congress’ language in the Campus SaVE Act to deviate from Title IX’s longstanding requirement that schools apply “prompt and equitable” policies and procedures to ensure the effective redress of violence against women. “Equitable” means that gender–based violence must be treated exactly the same as violence based on any other protected category such as race and national origin.

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An Open Letter To Harvard Law Professor Nancy Gertner

I’ve read your recent articles about campus sexual assault. I appreciate and respect your position as an advocate for accused sex offenders, but please stop using your gender and your status as a feminist to persuade others that you are also an advocate for women’s safety and equality. Indeed, contrary to your claim that you have fought hard to improve the law for rape victims, you have, in my opinion, worked hard to make things worse.

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Men Accused Of Racist Violence Have Rights Too

Last August, Columbia University released a new anti-racism policy and many academics are “horrified,” claiming the policy reveals a “cavalier disregard” for the rights of accused students. Remarked one, “I will never send my white son to Columbia.”

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Win In Harvard Case Will Ripple Across Campuses

A first-of-its kind Title IX complaint against Harvard Law School was finally decided at the end of December after more than four years of investigation. Women: 1; Harvard: 0. The federal complaint filed in 2010 against the nation's most powerful university sparked an extraordinary national movement against campus sexual assault, and its impact will be huge. You may have missed it in the year-end rush but let's take a moment to savor this important and hard-fought victory.

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Harvard Law School Found In Violation Of Title IX For The First Time In History

OCR found that Harvard Law School systematically violated women's rights under Title IX in myriad ways, including that it applied a burden of proof more onerous than the mandatory and equitable "preponderance of the evidence" rule and accorded accused students more rights than victims even though federal constitutional law, and federal civil rights laws such as Title IX, grant far superior legal status to students who suffer Title IX violations compared to those who commit them. The Law School was also cited for violating Title IX's promptness mandate, and for having no "timeframes" in place for resolving complaints.

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About That Rolling Stone Article

A recent Rolling Stone story about a reported gang rape of a student at the University of Virginia named Jackie has some people asking whether campus sexual assault is a true epidemic (which it is), but the real question is whether UVA itself is behind the story. Things got even weirder when it came out that the writer who penned the piece, Sabrina Rubin Erdely, focused on a story that she knew or should have known had problems, and that she recklessly failed to subject it to appropriate journalistic standards.

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Harvard Gets It Right On Sexual Assault

Recent controversies about sexual assault policies at Harvard University have produced mostly straw man debates that erect bad choices against worse ones. Angst-filled opinion pieces and protests by academics demanding “due process” for offenders have managed to obfuscate things even further, inhibiting the public’s understanding of the simple truth: Violence against women is a civil rights injury on campus, the enforcement of which has nothing to do with criminal justice. While violence anywhere is also a crime and should be prosecuted as such in the real world, the civil rights law known as Title IX is intended to promote women’s equality in education and prevent gender discrimination, the most severe expression of which is violence.

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