A male student accused of sexual harassment committed suicide after campus officials denied him due process.
Ashe Schow reports: If every other egregious example of a male student denied due process after being accused of sexual misconduct gets ignored – this one should not be.
A male student who was accused of sexual harassment committed suicide just days after the University of Texas at Arlington ignored its own policies in order to punish him. The accused student’s father, a lawyer acting as the administrator of his son’s estate, is now suing the school for violating his son’s Title IX rights.
College administrators, as well as members of the media and legislators, would do well to remember the name Thomas Klocke. Klocke, a straight male, was accused by a gay male student of writing anti-gay slurs on his computer during a class. Klocke vehemently denied the accusation, and administrators who investigated the incident acknowledged there was no evidence to support the accuser’s claims, yet Klocke was still punished.
The accusing student, who is being sued by Klocke’s father for defamation, claims that in May 2016, Klocke made a comment during a class about “privilege,” and then proceeded to open his laptop and type “gays should die” into his web browser’s search bar. The accuser (who is not being named because Watchdog was unable to contact him for comment) claims he typed into his own browser search bar, “I’m gay.”
The accuser next claimed that Klocke feigned a yawn and said under his breath: “Well, then you’re a faggot.” The accuser says he told Klocke he should leave the class, to which Klocke allegedly responded: “You should consider killing yourself.”
The accuser claims he was made so uncomfortable by the exchange that he waited until the end of class and spoke to the professor, who allegedly told him to contact student support services. There is no documentation to suggest the professor was interviewed in the course of the investigation in order to corroborate the accuser’s claims. The attorney for Klocke’s father, Kenneth Chaiken, told Watchdog the professor never provided a witness statement, suggesting he was never asked what he saw that day.
Not following procedure
Klocke insisted that what happened in that mid-May class in 2016 was completely different than what the accuser claimed. Klocke said his accuser made unwelcome sexual advances toward him. Klocke rejected the advances, telling his eventual accuser that he was straight. The lawsuit suggests that this rejection led the accuser to make up his story, possibly out of fear that he himself could be accused of sexual misconduct.
Instead of seeking support services, the accuser reached out to Associate Vice President of Student Affairs Heather Snow, with whom he had a friendly relationship. The accuser was close enough to Snow to refer to her by her first name at times, and Snow quickly became the accuser’s advocate, helping him to draft a complaint against Klocke and conducting the disciplinary procedure without following the school’s Title IX policies.
The lawsuit alleges that UTA’s Title IX coordinator was not informed of the allegation, even though Snow suggested it constituted sexual harassment. This is a violation of UTA’s policies regarding sexual misconduct, which state complaints “should be made to the Title IX Coordinator or Deputy Coordinators.” Snow was neither.
Further, UTA’s Title IX policies state that the Title IX coordinator is responsible for overseeing the investigation and assigning an investigator. The investigator must then produce a report based on facts gathered and present it to the Title IX coordinator and deputy coordinator before any hearing.
Klocke received no hearing, even though he contradicted his accuser’s claims. Had Snow properly reported the complaint to the Title IX coordinator, Klocke would have received necessary protections from the school. By doing things on her own terms, Snow was able to deny Klocke his rights as stated in UTA policy.
Snow took control of the disciplinary procedure that involved a complaint she wrote herself. She enlisted the help of UTA’s associate director of academic integrity, Daniel Moore, and had him tell Klocke he was immediately prohibited from attending the class where the incident was alleged to have occurred. Klocke was completing the course as part of a short, pre-summer semester in order to graduate that summer.
When Klocke was informed that an accusation had been lodged against him, he was not told the name of his accuser. Klocke was also informed that he could not contact anyone in the class, directly or indirectly, effectively denying him any ability to find witnesses to corroborate his story.
His accuser was able to remain in the class and find witnesses. He found only one, who didn’t corroborate his account but did say he overheard someone say “you should leave.” This could have been said by either Klocke or his accuser in either of their stories.
Klocke told Moore he needed to attend the class and asked for more information about the accusation against him. Moore ignored this request but sent Klocke a “summons letter” on May 20. The lawsuit alleges Moore never informed Klocke that this was a Title IX investigation (as Moore usually handled academic issues) or Klocke’s rights under Title IX.
Moore also never told Klocke that he would not be allowed a hearing. He was never informed that Snow – who was not an impartial party – was running the show, even helping Moore determine a punishment. Read the rest of this entry »
TOKYO — John Matthews writes: In January 1999, a Shinto priest unofficially married two men in a shrine in Kawasaki, an industrial city near Tokyo. Literally “the way of the gods,” Shinto is officially the state religion of Japan, but it does not influence modern Japanese life the way that Christianity dominates in the United States. Rather, it’s more a matter of a shared culture — of ritual practices and belief in spirits — against which some people define themselves.
The ceremony took place at Kanamara Shrine, best known for its annual Festival of the Steel Phallus, during which participants pray for easy childbirth or protection from sexually transmitted diseases. Hirohiko Nakamura, the priest who performed the rites, told local media then that this was probably the first time a wedding ceremony had been held for two men in Japan. “This may become a call to seriously think about the diversity of sex,” he said.
“In Shinto, it says make many children, expand humanity, and be prosperous. And yet, it’s not explicitly written anywhere that homosexuality is wrong or a sin.”
— Hisae Nakamura
Fast-forward 16 years. On June 26, the U.S. Supreme Court legalized gay marriage in all 50 states, overturning decades of often active and religiously motivated government discrimination against a minority of Americans. In Japan, gay marriage remains illegal — except for in one district, or ward, in Tokyo, which began recognizing same-sex marriages in March. A month earlier, conservative Prime Minister Shinzo Abe, who has been arguing for revising Japan’s Constitution to allow a more assertive military, said that reforming the Japanese Constitution to allow for gay marriage would be difficult.
Across Japan, opinions about gay rights diverge. Technically, homosexuality is legal, Kazuyuki Minami, a lawyer in Osaka, reminded a journalist from the Associated Press, “but the atmosphere is such that most people feel homosexuals should not exist.” Reuters, citing a mid-2013 poll by the research firm Ipsos, reported that while 60 or 70 percent of people in most Western nations say they know someone who is lesbian, gay, bisexual, or transgender, only 5 percent of Japanese do. Kanae Doi, the Japan director for the advocacy organization Human Rights Watch, told Foreign Policy that while many Japanese are not opposed to homosexuality, “they don’t really see it.”
And while Shinto doesn’t have a clear stance on homosexuality, it “advocates that it’s not natural,” as one Shinto priest told me in Tokyo’s prominent Meiji Shrine in early June, a few weeks before the Supreme Court ruling. The Association of Shinto Shrines, the administrative body that oversees Japan’s estimated 80,000 shrines and 20,000 priests, tend to be conservative on social issues, the priest said. Read the rest of this entry »
WASHINGTON (Reuters) – Lawrence Hurley reports: Tensions are building inside and outside the white marble facade of the U.S. Supreme Court building as the nine justices prepare to issue major rulings on gay marriage and President Barack Obama’s healthcare law by the end of the month.
Of the 11 cases left to decide, the biggest are a challenge by gay couples to state laws banning same-sex marriage and a conservative challenge to subsidies provided under the Obamacare law to help low- and middle-income people buy health insurance that could lead to millions of people losing medical coverage.
Many legal experts predict the court will legalize gay marriage nationwide by finding that the U.S. Constitution’s guarantees of equal treatment under the law and due process prohibit states from banning same-sex nuptials.
The four liberal justices are expected to support same-sex marriage, and conservative Justice Anthony Kennedy, the expected swing vote, has a history of backing gay rights.
In three key decisions since 1996, Kennedy has broadened the court’s view of equality for gays. The most recent was a 2013 case in which the court struck down a federal law denying benefits to married same-sex couples.
During oral arguments in the gay marriage case on April 28, Kennedy posed tough questions to lawyers from both sides but stressed the nobility and dignity of same-sex couples.
The healthcare decision is tougher to call. Chief Justice John Roberts, the swing vote when the court upheld Obamacare in 2012, said little during the March 4 oral argument to indicate how he will vote. Read the rest of this entry »
This is good news. Not surprising, I read about this when it the lawsuit first emerged, and was impressed by how solid Adams’ case is, his rights clearly violated, in a provable way. Which is not always very easy to demonstrate, and helps explain why there aren’t more cases like this.
The Daily Caller‘s Robby Soave reports:
First Amendment enthusiasts are thrilled that Mike Adams, a criminology professor at the University of North Carolina-Wilmington, won his lawsuit against administrators who denied him a promotion because of his conservative, Christian views.
“To be able to speak freely without retaliation is a principle that should be a reality on campus and the jurors reassured that.”
— Travis Barham, attorney with the Alliance Defending Freedom
Adams joined the university in 1993. He was an atheist at the time. By the year 2000, he had converted to Christianity and become an outspoken political conservative. He eventually wrote columns for Townhall.com.
In 2006, he was denied a promotion. Administrators were retaliating against him for his conservative views, he claimed.
The jury agreed.