Another empathetic profile of a man accused of sexual assault. I wonder whether the woman was negatively impacted by the experience--guess we'll never know. But I suppose it's okay if this article focuses its kindness and attention on the accused because Michael Powell write so may articles that explore how women are impacted by sexual violence--oh no wait--he doesn't. The jails are not full of men wrongly convicted of rape. But the world is full of women and men who were assaulted by men (almost always) who faced no consequences.
I may be naive, and ignorant as well, but why do women, or men, who claim to be victims of sexual abuse, rape, domestic abuse, etc., not go to the police instead of the schools they are attending? Why not go to the professionals -- the police -- instead of rent-a-police agencies and schools?
36
No the situation is not “perilously close” to the results of a criminal conviction, nor is this man in a “societal cell.” He is not being deprived of liberty. He does not have a criminal record. Those are facts. I wish the author would stick to them.
9
Michael Powell: Damn fine piece of open-field running through a hazardous course lined with snares, traps and dead ends. The fact that Keith Mumphery was an NFL player obviously served to shine bright lights on the injustice inherent in this Title IX process. That law has been problematic from the beginning, so much so that many women feel it is terribly imbalanced against male students.
But to this particular case: Mumphery will be cut loose from this tangle, but where will he go to get his career back? His name isn't Odell, or even Dez. He's one receiver out of dozens looking to land one of a very few positions. I hope he has expanded his horizon. He is a guy who needs a break.
15
"Texans’ coach calls him into the office: Keith, this case is a problem and we’re letting you go."
And in an opinion piece on the Times website today, another writer says that there is no such thing as political correctness.
13
Why, in our society, are colleges allowed to undertake the executive branch (law enforcement and investigation) and judicial branch (rendering a verdict and applying a penalty) functions of government?
26
Where has the NYT been for the last 5 years on the issue of college tribunals acting as judge, jury and executioner on allegations of sexual assault? What took them so long ?
It wasn't very long ago that the Times was excoriating Betsy DeVos for her decision to review the policy set in motion by Obama that created this monster of injustice.
36
The recurring lesson learned from these repetitive sagas is that: " yes does not mean yes". Approach any sexual encounter with extreme caution. Better yet, completely avoid the sex and consider celibacy as the best way to avoid the tragedy that Mumphery is now living.
17
Change the names and the locations and all of these sad stories are indistinguishable. According to the plaintif attorneys we all know, the story goes like this: an incoherent, incapacitated, blindingly drunk vulnerable female completely incapable of consent, is taken advantage of by a calculating, sober, ruthless male. Every "morning after filled with regret" has the potential to, suddenly transform into this story-line. So my advice to all men, not only college aged, is to adhere to a strict vow of celibacy. Avoid any and all encounters with women lest you face these same existential accusations only to be convicted in the court of public opinion and loose any chance of a productive and satisfying life. Let the sperm banks populate the next generation. Focus on women as your completion and eliminate their primary advantage over your: their sexuality.
13
This was a rough story. This seems to be a pretty clear example of unfairness against the accused… and it seems like the university and others are willing to cast it off as a casualty of the system finally working for the victim. It’s not good. It’s certainly not fair.. and it should certainly be corrected, if it still can be.
49
They intended to railroad his conviction, and did.The non noticing of the hearing was coordinated at high levels.
Some peon didn't dream this up.
The ones who conspired to violate Mumphrey's rights deserve the chopping block. And their retirement forfeited.
24
If YOU were charged with a sexual assault, would any competent attorney you hired let anyone with the words "Title IX" in her title anywhere near a jury?
It's not so much the standard applied, but the fact that, as far as many feminists are concerned, the accusation alone is essentially irrefutable proof of guilt. "Believe Her!!" became the rallying cry and nothing -- certainly not blurred lines or ambiguous evidence -- suffices to overcome the preordained verdict.
Consider this statement on a related issue:
"I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations. If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”
People like that are evil. They are not rare. And they tend to populate "Title IX" offices. They are the last people who should be entrusted with any role whatsoever in investigations like this.
62
Welcome back to the future, to the 1950s, when unidentifiable, unimpeachable sources ruled the roost, destroying careers and lives with accusations.
Between this and Trump pardoning Dinesh D’Souza and Joe Arpaio, what we have is a further breakdown across the political spectrum of respect for our traditional moral, political, and Constitutional values, even though these actions are not violations of the law itself.
9
I have never understood why academic institutions are allowed to self-police their communities. Why aren’t these cases handled by the local police and judiciary? I’m not saying the results would be necessarily better; I just don’t understand why this “privilege “ has come to be.
21
Ask Obama. He has the answer. I hope.
11
Sexual assaults should be handled by the criminal justice system, not universities. Period.
35
Michigan State is dammed if it does and dammed if it doesn't. Do not stand between someone who feels wronged and a large check. I think Mumphery has a case and I think universities are in a can't win situation.
4
If Mr Powell were a news reporter perhaps he would have included the information that the prosecutor who declined to prosecute Mr. Mumphry in 2015 was the same prosecutor who failed to investigate Larry Nassar when accusations were brought before him the previous year (2014). Perhaps he would also have reported that the first proceeding by Michigan State was reopened due to a finding by the Dept. of Education's Office of Civil Rights that Michigan State had failed to " address complaints of sexual harassment and sexual violence in a prompt and equitable manner."
Instead Mr. Powell asserts without irony that Mr Mumphry was "twice cleared."
15
Without the right to cross examination there can be no due process.
20
Colleges do not, and should not, need to meet a criminal standard of proof to dismiss or discipline a student for misconduct.
7
Now retired, I spent most of my life teaching at the university. The one thing I've learned is that universities are remarkably ill-equipped to deal with sexual assault. They should get out of the business and leave it to other institutions--those designed to deal with criminal behavior.
22
Sexual assault cases should be handled by the criminal justice system: not title IX offices.
17
Welcome back to the future, to the 1950s, when unidentifiable, unimpeachable sources ruled the roost, destroying careers and lives with accusations.
10
When are Americans going to hold ALL males responsible for their choices. Sad that our culture condones this behavior as long as the male is a gifted athlete.
8
Everyone has a right to due process and so does this young man. As an aunt of nephews, I don't want to see young men falsely accused or young women brutalized.
26
So, I guess it wasn't a choice for the accuser to do 12 shots, and lose control of her ability to make reasonable choices, or even remember fully what happened that night. Control yourself, and you have a better chance of controlling the situation.
30
The reporter's language, intentional or not, is very sympathetic to the athlete and not the victim. Being a victim of sexual assault and rape is a traumatizing experience that can last a lifetime, impacting psychological and physical health. No one would go through the pain of bringing about charges against someone- knowing full well what's at stake for the person- and repeatedly appeal them, unless something happened. Yet the only discussion of her POV is through a couple questions with her lawyer. Disappointing piece. Important points to be raised on due process and why universities shouldn't handle these cases, but it's clear this was written through a male lens. Bringing in Megan Twohey or Jodi Kantor to review or co-author the piece, perhaps, may have helped.
7
Why must we automatically assume the victim is telling the truth? Especially when the accused was cleared twice before being secretly run through a kangaroo court.
Further, how is Mumphery not a victim? Does he not deserve sympathy for the injustice he suffered?
Further, I resent the idea that "no one would go through the pain of bringing about charges." While far less common than legitimate assault cases, the Duke Lacrosse scandal shows exactly how such a situation can unfold.
There are some nasty people out there who unfortunately make the reporting process harder on legitimate victims.
28
And your language is not very sympathetic to the athlete. Yes. People falsely accuse others ALL THE TIME of all sorts of crimes.
20
What if the victim IS telling the truth? Why do you assume she's not? Most rape victims aren't lying, after all.
1
All of you who want the courts to decide the issue: what is an educational institution to do with someone who has been accused multiple times, but no charges have been brought? And what is the educational institution’s defense when sued by an alleged victim for negligence in allowing a serial harasser to continue to be enrolled? It’s very complicated for educational institutions these days. Not a fan of the current system, but remember that these cases are often word against word because the central issue is consent. And prosecutors are unlikely to bring charges where the issue rests solely on credibility. So is the greater good to let bad behavior go unaddressed in some large percentage of cases where either the victim is unwilling to seek criminal charges or the prosecutor is unwilling to take the charges to trial?
5
The rape and assault are probably related to brain damaging hits from his years in a dangerous sport and should be a banned sport. Will Smith had a movie on NFL brain damage and the stress football players families deal with from their failing health. A lot of aggressive bad behavior. I cannot watch a sport where grown men are giving themselves brain damage weekly . A safer sport is needed as soon as possible. The movie Mr Smith was in everyone needs to watch and quit enabling this football to continue.
1
In order for the #MeToo Movement to continue to have the credibility and respect it deserves, justice must always be the goal.
Pendulums swing, yes. But let’s just make sure they knock over only the deserving.
15
Michigan State, the same Michigan State paying $500 million for not acting on multiple claims by girls and women of sexual abuse by Larry Nassar, its sports medicine doctor?
Which doesn't exempt the school from handling its investigations properly. The school should be taking a big hit in this case for liability for violating Mr Mumphery 14th Amendment rights. Due process requires notice and the opportunity to be heard. Apparently neither happened here. How many times do we have to hear this story before assault claims at colleges are handled exclusively by officials charged with the duty to investigate and prosecute and trained to do so?
Oh, yeah, might have helped if that had been done back when for the first dozen or so of allegations made concerning Larry Nassar.
12
I agree that a person should be told when he is being charged with a crime, in this case, a reopened crime he was originally found guilty of. Everyone has the right to defend themselves. The question that I have here is why do these young men hook up with drunk women? Why do they think its ok to have sex with someone who is not fully aware of what is happening in the moment.. how did they think they are getting consent? My son recently helped a female college friend back to her room after she had too much to drink. He told me she became very flirty trying to kiss him. He knew she was acting abnormally he put her on her bed and went and found a female friend to look after her. He was aware that it was not ok to act on her suggestions to" hook up" as she was not able to make sensible decisions due to her intoxication... my son said he had quite a bit to drink also but still knew that this was wrong to act on her suggestions.
13
Thank you for a very thoughtful response. And thank you for raising such a responsible young man. If only there were more of you. Wishful thinking for now.
4
Why, if both your son and the woman in your anecdote were inebriated, and she was the one pressuring him to have sex, would the burden of culpability rest on his shoulders and not the woman’s? The previous standards were unacceptable, but the current ones have done little to make the situation more just and fair; they’ve just spread the injustice around to everyone now.
14
A travesty of justice, to say the least. Yet I remember the outcry in these pages when Betsy DeVos reversed the Obama-era policy that made this travesty possible, saying it "lacked basic elements of fairness." We have become so polarized that all we do is look at the name attached to the action (Obama good, DeVos bad) to decide its merits. We have lost all pretense of objectivity, and now there's a tragedy like this, and a life ruined.
44
You nailed it. Congratulations. Best comment of the day.
12
Fair point. But I, an Obama supporter who strongly opposes Trump and DeVos, commended her in several public forums on that decision. So, not all of us are so polarized. Some of us are trying to find common ground whenever possible.
11
This is unjust, The first time he was cleared, the second time he was cleared the third time he was charged and the University did not deem it important to stand by their first decisions and without talking to him decide to believe this woman. He cooperated with them from the beginning. They were together, she was with him, she put herself into the position of being there. Its easy to accuse someone of sexual assault since they are the only 2 who are there and there is no witness. . A man's life is ruined due to a woman who's motives are unknown. Its a long shot perhaps he rejected her advances. Everything is starting to feel like a witch hunt. The University needs to re examine their actions.This is playing with someones life who just might be innocent. You read about this in other countries a person is guilty till proven innocent, and they dont get that opportunity to face their accuser. The University needs to remember we are here in the U.S. where a person is innocent till proven guilty and he has the right to confront his accuser and stand up for himself. This is very uncomfortable.. Period.
18
If a man was drunk and had sex with a sober woman and he filed a suit with university officials, nothing would happen. Plenty of college women assertively and aggressively pursue men for sex. Let’s not kid ourselves. We never hear about that. Sometimes it’s a mistake, a one night fling that a woman or man enjoys and regrets later. Sex on college campuses is overwhelmingly normal and experimental. But now, one gender is allowed to decide after the fact whether it was consensual. God help the mothers of sons.
47
Let's not pretend that men experience sexual violence or coersion even a tiny fraction as often as women do.
8
Does the Larry Nasar case, also associated with MSU, have a bearing on this story?
He should also sue MSU for negligence and all the damage they caused him - even under title IX MSU had a duty to notify him of the appeal and they had no safeguards in place for this; one email on a system they maintain, and could have easily determined he had not used, really? - this was entirely a kangaroo court. For what it is worth ... college campuses are in the education business and should leave the criminal justice system to the cops, DAs, judges and juries - especially the felonies.
13
I continue NOT to contribute to my almae matres U C Berkeley and Univ of Michigan until all of this evil bureaucracy is swept away.
Not only this Title IX ordeal by fire, but ALL of the uber-PC multi-culti diversity nonsense.
I hope this guy gets a HUGE judgment in court against this corrupt institution.
7
It's sad that Michigan State University, the same university that permitted Larry Nassar and others to VIOLATE hundreds of girls, tries to revise issues already decided both by police and their own kangaroo court.
I feel sorry for Mumphrey because of all the cited difficulties in clearing his name. I hope he wins big against such a corrupt institution
7
Yes, this isn’t a criminal case, so different standards apply. Of course Michigan state isn’t the court system so it doesn’t have the protections the court system has either. It can and likely will be held liable for defamation and end up paying very serious damages. That should help clarify universities’ thinking when they bungle such cases
17
Excellent article. I hope that every member of the #metoomovement reads this article and makes comment upon it. I have not checked yet, but I do expect many comments to be made in terms of fairness from the members of this movement who themselves are calling for fairness in the accusatory process.
And, what was President Obama thinking when his administration imposed the new Title IX policy?
"This federal letter set a new and lenient standard for schools of “more likely than not.” Many universities quickly adopted that policy. So with a casual shrug of the bureaucratic shoulders, a chasm opened beneath the feet of the accused."
President Obama taught constitutional law at the University of Chicago. Now, one might think that he never read the U. S. Constitution.
In a 1988 Supreme Court decision, Justice Antonin Scalia was joined by the court’s liberal wing in reversing a conviction in a case in which an accused could not see a person testifying against him. “It is difficult,” Scalia wrote, “to imagine a more obvious or damaging violation of the defendant’s rights.”
He noted that the right to confront witnesses could cause pain, not the least in cases of child abuse and rape. But, he said, “it is a truism that constitutional protections have costs.”
Justice Scalia had no problem executing an innocent man, Thomas Thompson, even though two of Thompson's constitutional rights to a fair trial had been clearly violated according to the Ninth Circuit Court of Appeals en banc.
8
I’m not going to hold my breath that anyone will ever ask Obama about this case. He is still busy with the beer summit with his pal Skip. I would like to hear him answer questions from Mr. Mumphrey. But alas, Mr. Mumphrey is not part of the elite like ol’ Skip.
8
I appreciate this article because it points out how even well-resourced universities fail to comply with Title IX requirements published by the Department of Education. However, the article omits some important requirements published in its 2014 "Questions and Answers on Title IX and Sexual Violence". (1) Regarding investigations: Title IX regs require they must be "adequate, reliable, impartial and prompt and include the opportunity for both parties to present witnesses and evidence." (2) Regarding cross examinations: Schools are "strongly discouraged" from allowing direct cross examinations by the accuser & accused. But, schools may allow accuser & accused to submit questions to a trained third party to ask questions on their behalf.
Two other points from my own research: (1) it's a form of sex discrimination for universities to set a lower standard of proof for (criminal) student code of conduct violations that do NOT involve sex (e.g., vandalism, drug dealing) -- while having a higher standard of proof for ONLY those violations involving misconduct of a sexual nature. (2) A police department decision not to investigate is not meaningful proof of innocence. If a prosecutor assesses a case as being hard to win (e.g., unsymapthetic accuser, sympathetic accused) -- they sometimes decide to drop the case.
4
When the effect of a university "decision" is draconian, and does not meet the due process standards of the criminal justice proceedings - it's just another institution protecting itself. Because our culture dismisses the value of integrity - no matter the cost! - there are only interests to protect, and they swing wildly between extremes. Private institutions MUST not replace the criminal justice system!
3
So now being expelled from university is equivalent to going to jail? Having an expulsion for rule violations on your record is comparable to having an actual felony conviction? The rhetoric you're using in this article is, quite frankly, utterly insane.
Sure, Title IX proceedings aren't held to criminal-law standards. But they don't have criminal-law consequences, either. He can still vote. He can still possess a gun. He's not legally barred from ever getting federal student aid. And of course, he's not sitting in a concrete cell being brutalized by a prison guard right now. Comparing the administrative consequences he received to the horrific treatment that felons face every day just shows you're here to push an agenda.
7
It’s about justice and fairness. His career is basically over. As it is a physical job, these are his prime money-making years. To have it detailed in this secretive, one-sided way seems unfair. This is not a punishment contest about who suffers worse.
17
You may as well brand him with the word "rapist" upon his forehead. He's permanently marked with the stigmata of shame and criminal.
10
It is clear to me that, when many legal scholars, such as the team of law professors from Harvard, agrees that the current Title IX is broken, it is time to revise the guidelines.
12
Railroad “Justice”. Get this man off of that train. By the same twisted logic let’s try teenagers at their high schools, workers by their employers and have public trials via internet polls...
11
This is not a question of whose side are you on. I agree that sexual abuse and rape must be handled by local authorities instead by a college panel. There is no doubt that rape is one of the most traumatic experiences for a woman/ girl. However, these stories, severely drunk girl meets often equally intoxicated boy, they have sex, and now it’s rape.
As a mother of a boy and a girl in college, I am equally worried for both. Being accused of rape is a very serious allegation and is no doubt life altering for the accused. Obviously, being a victim of rape is even more devastating. I do not have an answer to this dilemma, except to tell these youngsters to grow up. Having a good time and consume some alcoholic beverages is fine but getting so wasted that you do not recall a thing is extremely dangerous.
17
This illustrates how woefully incompetent universities are at handling these types of situations. From Penn State's years of shoulder-shrugging policy, to this situation which was clearly handled as it if were a nothing more paperwork issue. Who sends an email to an individual being investigated for sexual assault after having been cleared twice??? How about certified mail? The wreckage of lives laid to waste in the wake of such massive ineptness unconscionable.
Universities clearly can't, nor should, be permitted to handle potentially criminal offenses, let the professionals (the courts) handle it.
12
While Title IX is relevant, I'd also encourage folks to read up on the Violence Against Women Re-authorization Act of 2013 which amended Clery when it comes to allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking. And unlike Title IX guidance (e.g. the "Dear Colleague Letter") this is codified in Federal Regs. (34 CFR § 668.46)
1
I advise everyone in the country to stay away from Michigan State. No telling what will happen to you there. I'm also tired of reading about women who were drunk feeling they were taken advantage of. Stay in your right mind and don't go off alone with someone you barely know.
15
I always wonder why, in these sexual assault articles, is the accused's picture and life story splashed across the headlines but the accusers picture and life story never are.
Is there a law?
13
The fact of the matter is that when officials carelessly violate the rights of black people, there is no a foreboding sense of a backlash crashing down on them. The American system generally is not inclined to act with restraint when it comes to black lives. That's exactly why cops are much more likely to shoot and kill black people than whites. The American constitution and our laws might be blind to anything other than the facts under litigation, but American jury is a different matter altogether!
4
It seems to me that it was the NFL that ended this player’s career, not the university. He never went to jail, and he was eventually exonerated by MSU. So why did the NFL fire him? Strangely, this article does not even consider the the motivations of the notoriously unethical NFL in this situation.
4
Ok Mark. Now pretend that he wasn't in the NFL. Does that change your view of due process at MSU?
Didn't think so.
12
In my experience, universities seldom follow due process requirements, even in serious cases. In many universities, Title IX offices, or Equity offices, or whatever you may call them, are set up to absolve the university of any culpability, not to protect students. In my case, I brought the Office's attention to a matter involving a professor sharing a bed with male students (against their wishes), parading naked in front of students, and getting so drunk that he did not know where he was. He needed help, students needed to be protected. The university found no wrongdoing. The OCR did find wrongdoing. The institutional backlash against me for trying to protect students has pretty much wrecked my career on my own campus, where I have spent 25 years of my life.
14
I have been convinced by reading this article (and other pieces: Jon Krakauer's book, Emily Yoffe's three articles in the Atlantic, the letter from Harvard Law faculty members, and others) that the processes generally used by colleges in these cases are seriously flawed. Not only are the processes unfair to the accused, but in addition the college administrators who investigate and adjudicate these matters have serious conflicts of interest.
At the same time, I have sympathy with women who have been assaulted but who do not want to press charges in the public criminal justice system, which can be a further traumatizing experience. Moreover, prosecutors will generally not proceed with a case unless they believe that can obtain a verdict of guilty beyond a reasonable doubt, a standard that cannot be met in many situations.
Perhaps there are other intermediate measures that could be taken. For example, instead of having college administrators pursue these cases, a college could engage a law firm - a possibly more skilled and objective investigator - to do so without participation by college employees. While this would cost money, it might also help to immunize the college against future law suits. In addition, the investigators/adjudicators (not necessarily one at the same) should be making their decisions under a standard intermediate between "preponderance of the evidence" and "beyond a reasonable doubt" - possibly the "clear and convincing" standard.
4
No notice of the third "trial" means Mr. Mumphery was railroaded. There can be no excuse for the University's failure to include him in the process. None.
He must be exonerated at once, and, if the Univ chooses, they can hold a proper disciplinary hearing, with due notice to Mr. Mumphery, giving him a chance to defend himself. In what universe does an accuser get to have his or her say and the accused does not? Oh, that would be North Korea, or Iran.
19
Or, under the "Dear Colleague" guidance from Obama administration, any college in America.....
5
Take a second to compare the tone of this article to those about consent on campus. There is a discrepancy and they can't both be right.
14
The woman claims in her own lawsuit and in police reports that she was very drunk and had consumed well in excess of a dozen shots of vodka before Mumphery arrived. She insisted she could not agree to have sex.
Mumphery disputes that the woman was drunk. A police report states that surveillance videos show her walking “with a steady gait” and with no trouble keeping her balance.
Both of these statements cannot be true. The surveillance videos would appear to be incontrovertible evidence that the statement made by the alleged victim was false.
41
Unbelievable, two cases of injustice on the first page of the nytimes. I realize that my naive, idealistic belief in justice is childish and immature. Might as well call in mediums and psychics to solve cases. One would think that universities being halls of learning would be able to conduct investigations in an even more forensic fashion than even the police. But I forget that they are no longer about education, it's all money and politics.
7
Times readers should know the name Catherine Lhamos. She was responsible for the "Dear Colleague" letter the article cites.
From her Wikipedia page: "In 2013 she became the assistant secretary for Civil Rights at the U.S. Department of Education.[2] During her tenure, that office issued "Dear Colleague" letters and other guidance to school officials clarifying that a school's failure to appropriately respond to sexual violence or its mistreatment of transgender students can constitute sex discrimination in violation of Title IX, outlining how schools can ensure that student discipline complies with laws prohibiting race discrimination, and explaining how the use of restraint or seclusion can result in unlawful discrimination against students with disabilities.
In December 2016 Lhamon was appointed as chairwoman of the U.S. Commission on Civil Rights."
This woman did more damage to the Democrats in the 2016 elections than Hilary's Goldman Sachs speeches. Be sure to thank her. And Obama made her chair of the Civil Rights Commission as he was leaving office. Tremendous. Be sure to thank him.
18
Why are sex crimes even being tried in university committees? The only legitimate trial occurs in a court of law. Somehow the political left - aided and abetted by the Obama administration - concluded it has the prerogative to create "women's rights" tribunals at the university level under Title IX. But this just makes a travesty of everyone's rights. As someone who teaches at an Ivy League university, I know that university committees exist for one purpose only: to protect the university. So, anyone who is seeking justice for him- or herself in one of these tribunals will be sadly disappointed and tragically betrayed.
13
Schools don't want bad publicity is one reason. A school with high crime rates is not going to attract students. Some of the crimes are very hard to prove in a traditional court. I agree: title IX makes a travesty of everyone's rights.
Way to extrapolate a case where one University does an unnacceptable job in an investigation an assult protecting young adults.
Instead of saying obviously the university should hear an appeal you attack an entire system designed to protect victims of sexual assult. The fact that there is no criminal case here is meaningless. There is no way in these circumstances to prove beyond a reasonable doubt a crime occurred.
The fundamental here, is should an organization be allowed to find it unnacceptable to have an association with a person who likely committed a crime. That is, would you find it acceptable if after being acquitted, OJ got a job as a school gym teacher?
2
Truth,
the "person who likely committed a crime" was cleared twice in the matter and then in round 3 was not properly notified that matter was re-opened, and due to the nature of the proceedings, had no way to confront (in person or in writing) his accuser. So, not sure how you conclude that he likely committed a crime
7
I’m surprised by all the comments agreeing with the premise of this article, which struck me as biased from the start. The author repeatedly reminds us that this student got good grades and was a promising athlete, ala Brock Turner, as if that matters in a rape case. He also repeatedly compares a student getting kicked out of school to criminal punishment, which is a laughable comarison at best. This student is not going to jail, does not have to register as a sex offender — he was not even fined. He was kicked out of a school. Like employers that have recently fired prominent men after rape accusations were made against them, the school has the right to expel a student if he may have raped someone. Even if the school can’t prove it. Even if it doesn’t go to court. Even without hard evidence.
Let’s not forget rape is notoriously hard to prove. There are only two people who really know what happened. Victims of rape are traumatized and often avoid seeking criminal prosecution because of shame and other painful feelings. Most rapes are not reported, and most reported rapes are not prosecuted. And of those that are prosecuted, there is usually not enough evidence to convict the accused. So, statistically speaking, a woman that does report a rape is usually not lying. That being true, when a woman has the resolve to report a rape, it should be taken very seriously. Even if the accused is an athlete with good grades.
11
This sounds like whining to me. The due process of the law is the bedrock of our liberal democratic society. We need to use it, and defend it without fail, and without excuses. To subject an accused person to triple jeopardy, and a trial proceeding of which he is not informed is just wrong, and if we excuse this sort of stuff we will all be in deep trouble.
12
Did you even read the article? Or did you stop at the point where it said he was a good student and start your conjecturing there?
10
"Most rapes are not reported, and most reported rapes are not prosecuted. And of those that are prosecuted, there is usually not enough evidence to convict the accused. So, statistically speaking, a woman that does report a rape is usually not lying. "
While your first two sentences may be true, the third is in no way linked to them. That is, the veracity of the accuser has nothing to do with whether rapes are reported and prosecuted (successfully or not).
8
Like many (but not all) of the #MeToo scandals, in this case the "defendant" was convicted under a far lower standard than a criminal jury would require, and sentenced at a far higher level than a judge would impose.
11
The 'Process' Mr. Mumphery has been through is an outrage.
It was stacked against him, unjust, unfair and violates every single civil and constitutional norm we value and demand as a society.
I am a 54 y/o male who cheers the Me-Too movement and is glad to see the power dynamic shifting away from predatory monsters like Nassar and Weinstein and others.
'Cases' – and I use the term loosely here – like this abomination destroy our system and contribute to undermining the good work and progress we are making as a society.
College campuses with boards of inquiry, or whatever they call them, comprised of students and professors are no place to determine factual and actual guilt or innocence. They should stick to inquiry of cheating on tests.
The justice system is the only place for true evidence gathering and the seeking of facts, and where there are heavy burdens and standards in place to do the best we can to find the truth in any situation.
I hope Mr. Mumphery wins tens of millions of dollars in his lawsuit, and frankly he he should go after the Texans as well. They acted with cowardice. They should have laid out the known facts of the case, and that it was not heard in a court of law, with legal counsel, by a jury of one's peers, and the right to question and challenge one's accuser and evidence presented.
Utterly disgusting and outrageous.
4
The lack of due process here is very troubling. Defendants need to be able to cross-examine plaintiffs, and at least obtain service of process (notice of a hearing) to be able to make a defense. In a real courtroom, the whole process of this case would be unconstitutional. I fear that too many people in the U.S., on both the left and the right, have no respect for individual rights and liberties. To normalize a lack of due process in any proceeding, no matter how good intentioned, only moves us farther down the path to an authoritarian-ruled state. If the accuser here was white, this is even more egregious as it sweeps this case into a long history of gross mistreatment of black men who have sexual relations with white women.
5
It's disgusting that MSU failed so spectacularly to notify Mr. Mumphery of the hearing, but the real injustice was the decision by the Texan's to drop him. I hope this article spurs the Colts to snap him up.
6
in such cases, on college campuses, there is no Due Process. It is such a hardship on those accussed. There is no easy solution fair to all, but due process is something that we have always held as sacred in this country. Let's defend the rights of the accused, and defend due process.
3
It seems that Mich State Univ bungled the handling of this matter, and this poor guy became the victim. What is wrong with replacing the university president? Nothing; Let the new president establish an office to investigate sexual accusations like this one, an office headed by legal minds and not academics. Every major college should now have such an office to at least separae PC from the matter. What really bothers me is the action of the Houston Texans in firing this poor guy without habeas corpus. It's so unfair, so heartless, to only consider PC in the matter and do what the public thought should be done. When is this PC ever going to reach a limit? PC is all for the good, but it needs to have someone in authority stand up and say something strong about the possible abuses of applying PC wrongfully.
2
If I had a son, especially one who was an athlete recruited to a college program, I would tell him to avoid casual sex like the plague. Rape has been a problem at colleges for years, and women are totally within their rights to demand accountability. The Title IX process seems very favorable to accusers, and sex between people do not truly know each intimately is a situation that can easily go wrong. Casual sex is just not worth the risk worth. I suppose Title IX has brought about a sort of equality because sex is now just as risky for men as it always has been for women.
4
Engaging in risky behavior is risky. The consequences apparently are that he doesn't get to play for the NFL. Most of us don't. The NFL used to ignore this sort of behavior, now they are paying attention to it.
Apparently he got a college education on the university's dime. Jocks have been notorious for getting away with horrific sexual offenses for decades, centuries(?).
When you do something done, and the consequences are worse than you thought, move on with your life.
3
Come on. What if he did not do it? He was acquitted twice. And then convicted at a hearing he did not know about, did not attend, could not defend himself. Are you suggesting we should callously sacrifice him for all the bad behavior that athletes have engaged in, or is he an individual who has a constitutional right to defend himself with due process.
4
The same type of college quasi-legal system that was made a mockery of by the probably guilty NFL quarterback Jameis Winston also produced a verdict of guilty against a probably innocent person in this case. It can cut both ways.
When Jameis Winston went through one of these college quasi-legal systems, the star quarterback's supporters at the college manipulated the process to make sure he was not found to have committed the rape that he likely did commit. In this case, indifferent and incompetent administrators allowed a gross miscarriage of justice in finding a person guilty of rape on the flimsiest grounds while giving the accused no opportunity to defend himself. It can cut both ways. What is clear is that these college kangaroo courts are a travesty and I'm not even sure how they are allowed to exist. I would think they are unconstitutional because they deprive accused individuals of their 14th amendment right to due process and equal protection.
Not state shall "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
1
What a travesty. Criminal allegations should be handled by the police and our justice system, not universities.
3
From the outset of this article it becomes clear Michael Powell , the journalist, has a goal to establish. That somehow ther was no violation, sexual or otherwise, of the woman here and that this was just a healthy meek honor student who would never be capable of forcing a woman to have sexual relations against her will. And if he did so , by mistake, it certainly is forgivable and warrants no career or financial consequence.
4
Do you have any facts to counter the facts presented in this article?
5
From the comments and the facts presented here, it's clear that the University isn't the appropriate venue for these important decisions.
On the other hand, I'm sure that the #metoo mob would have totally different take if the accused were a frat boy.
I hope we can try to remain reasonable, and let the system, slow and disjointed as it is, play out. It seems that we've lost our patience in the system in the current heated environment.
3
Only local law enforcement should investigate alleged sexual abuse. Academia isn't trained or equipped to deal with this, nor should it be.
It is sadly not uncommon that what was consensual sex at the time it took place is later revised in the mind of a participant to "rape."
I know several women who were initially pleased by what they saw a sexual conquest, particularly with a popular partner, who later decided that they'd been date-raped. This generally happened when she found that the episode didn't elevate her to designated girlfriend or even warrant a second date. In a couple of cases, it was because her friends didn't react positively when she crowed about the "conquest" & disparaged her judgment. Retrospectively, the episodes morphed into "rape" a few days or weeks later.
Unless someone literally pours alcohol into our mouths, we are all responsible for our own consumption. It's a choice, for better or worse. If we make bad decisions under the influence of alcohol, that's not on anyone else.
Btw, I'm female.
7
What's not reported here is that public universities have all lawyered up and have stand alone Title IV offices with a VP and AVP and support staff for them.
This is costing the taxpayers hundreds of thousands of dollars a year to manage these ridiculous kangaroo courts. Your tax dollars hard at work. It's no wonder legislatures are often hesitant to give these universities more money when they could save bundles if they deconstructed some of this nonsense. Call the police!
6
This article was so clearly written by a man, who will likely never know the life-destroying consequences of rape. Colleges have reduced the burden of evidence required precisely because so many rapes are he said/she said. But what woman would want to falsely report rape? Her life will be over, her name dragged through the mud, friends lost and her character questioned. In reality only a minuscule percentage of rape allegations are false. This article smacks of sexism, victim-blaming and male privilege.
6
Another good example of the real costs to Obama’s Dear Colleague letter.
9
So why has the NY Times suddenly changed it's tune after persecuting Jameis Winston and Florida State University for months over a "case" in which no charges were ever brought, there was no evidence of assault and plenty of evidence suggesting consent? Anyone who bothered to read the police reports would have found plenty of reasons to disbelieve his accuser, and even under the lax 50-50 rules of evidence suggested by Dept of Educations's famous letter, an experienced and impartial judge found no cause to discipline him.
Now Michigan State errs on the other side in a he-said/she-said case and you persecute them for that? I think you own Florida State and Mr Winston an apology and a retraction.
3
as a 74 year old grandmother of 5 girls I am teaching them something called personal responsibility. If you go out and get drunk and then claim he must have raped me because I was drunk or I don’t remember, that will not fly. I was taught do not blame others for your own poor choices. I am tired of the victim hood that is so prevalent these days. You can not be a strong, independent woman and cry victim when things do not go your way.
10
"Guerrant declined to comment, citing student privacy..."
I wonder what MS. Guerrant's salary is - getting paid for playing with students' lives. Incompetently.
4
Another multi-level disgrace.
First, Michigan State University. This was a knee jerk reaction to "make up" for their utter negligent with Dr. Nasser the pedophile "star" doctor.
Second, the NFL. They haven't done anything right since desegregation. To fire this man under these circumstances just proves no one is thinking over there...just spontaneous reactions that always err on the side of dumb.
America, the entire nation, is a separate but UNequal caste system - not as direct and "honest" as some - instead it is poorly disguised, right on the surface and stubborn as anything.
2
Everyone outraged by this story must read the Times article from Jan 25, 2018 describing women’s rights groups suing Sec of Education Betsy DeVos for making changes to help prevent what happened to Mr Mumphrey. Decide which side are you on, Trump or Obama.
12
It is shameful that a NYT article about campus sexual assault written in 2018 contains the sentence "He has not gotten a tryout with another N.F.L. team, and at 25 he sees his prime earning years as an athlete slipping by."
Michael Powell downplays the alleged crime (they "mess around and perhaps have sex" he writes flippantly), then bemoans that the alleged perpetrator of the sexual assault will have a "mark on his record."
Regardless of the truth of the accusation (which no one knows) or the subsequent investigations, Powell's athlete-centered and sports-biased writing is irresponsible, outdated, and further damaging to the alleged victim.
I would urge Michael Powell — and any interested readers —to read "Unsportsmanlike Conduct: College Football and the Politics of Rape" by Jessica Luther to learn how to write responsibly and progressively about campus sexual assault involving student-athletes.
7
Does anyone think Mumphrey is disadvantaged in this circus because he is black? I do.
1
I wonder what would have happened if Mumphrey was white
3
No. He was placed at a disadvantage because of the foolishness of the Obama Administrtion’s approach to Title IX culminating in the absolutely stupid “Dear Colleague” directive... What colossal idiocy....
6
I'd be willing to bet the accuser was a white woman. They wouldn't have bothered to pursue it if she were black, or if he were white.
3
If you're a white MD you can get away with real abuse for years. If you're a black athlete, you're vulnerable to having your life destroyed in a secret trial you did not know was going on. At least I am sure it may be so in East Lansing.
1
I taught at a University for 30 years. One more person saying that university personnel are not equipped to conduct these investigations is not needed....but I'll do it anyway.
But what I can offer is that Universities are well equipped to address this question: Have the Title IX procedures made campuses safer?
If there are no data supporting these "investigations," then that is yet another reason for stopping them.
And if there are no data supporting them, are Universities free to just drop their investigation panels and allowing law enforcement to do its thing? Or will there be penalties from the Feds for doing this?
Another research-oriented question I have is this: Have any Universities coded data regarding investigations (to preserve anonymity) and compared their outcomes with those of investigations from other universities? In other words, are there any research projects that have evaluated the validity of the findings of the investigations?
Did anyone on Mumphery's investigation panel disagree with the determination? Why did we not hear about this from those folks instead of in the NYT? What was silencing them?
Frankly, the whole business sounds like a mess, with people making it up as they go along. Were there any Universities with a backbone that said "We won't do this!!?"
4
To a lesser degree I was a Mumphrey, accused of an offensive sexual explicit come-on that never happened for who know what reason, eventually resulting in the loss of a job and a stain that followed me to my next position. Never allowed to confront my accuser, never even knowing who she was. Not to negate the incidence of verbal or physical assault many women have suffered, there are false accusations by disturbed women (or men) which have destroyed lives. I know.
19
How did the Detroit Free Press get the story about the appeal finding of responsible from Michigan State under FOIA? FOIA trumps FERPA? This story is yet another example of why schools should use a higher evidentiary standard. A finding of responsible guts any student's future, whether it's playing for the NFL or finishing college or attending/finishing graduate school. There is a loss of liberty, not physical but experiential. A student found responsible is no longer free to live the life he once led. This student will likely prevail because of the egregious lack of notification. I wish him well. I hope the NFL sees how wrong it was to let him go without understanding how flawed and unfair the college judicial process can be and hires him back and lets him play.
8
FERPA specifically authorizes the disclosure with this language from 20 U.S.C. 1232g(b)(6)(B):
(B) Nothing in this section shall be construed to prohibit an institution of postsecondary education disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution’s rules or policies with respect to such crime or offense.
(C) For the purpose of this paragraph, the final results of any disciplinary proceeding—
(i) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and
(ii) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.
Michigan State did not violate FERPA.
"'A lot of these cases are never prosecuted because law enforcement does not feel they can meet a burden of proof,' she said.
Yes, how tragic that a person's life can't be ruined just because of the minor technicality that there is no proof they did anything wrong.
22
great point
3
People here are avoiding the discussion of whether or not there is such a thing as 'sexual misconduct' that merits civil/social but not criminal penalties.
Colleges have adopted a 'more likely than not' standard to address social interactions that are not criminal and the punishment, exclusion from the college's community, is not judicial.
I can definitely believe that Mr Mumphrey has not committed any action that merits his treatment. But people need to talk about whether such actions should be policed and reviewed at all.
8
PS I think the answer is 'yes'
Clear and convincing is reasonable. More likely than not puts the burden on the accused of proving innocence, since we know that MOST accusations are true. Therefore any accusation is more likely than not to be true. So accusation = destruction of your life unless you can prove that the accusation is false.
1
This what happens when woke progressives govern the nation by executive order, administrative regulations, and like in this case, by offering friendly advice accompanied by the threat of cutting off federal funding.
Thankfully, the people have reacted at election booths all over the country.
11
The pendulum is going to have to swing back towards justice and due process in these matters. At the very least, MSU should have served him notice at the Texans facility. But MSU’s judgment has been sorely lacking as of late, so it should come as no surprise that they chose the route they did.
21
The reporter, Michael Powell, is an excellent example of the importance of a free press. He examined the circumstances, which led to the downfall of Keith Mumphrey based on an accusation that he committed sexual assault. Justice for alleged victims and alleged perpetrators is often uneven and unjust. I hope that Keith's hard work and accomplishments were not for naught if he is an innocent man. The people deserve a fair hearing, and it appears that Michigan State abbrocated its responsibly to Keith Mumphrey on that score.
28
While readers' indignation on this case is wholly justified, it's interesting that so many felt quite differently about the Paul Nungesser, who was accused by The Mattress Girl Emma Sulkowicz under equally dubious circumstances. He was cleared repeatedly of the assault, but still had his life destroyed publicly - with full collaboration from NYU and the media who elevated Miss Sulkowicz' efforts to eviscerate his reputation. I think it's clear universities should not be courts of law for serious crimes like sexual assault, but our standards should be the same.
45
Not that it particularly matters (NYU would have done the same thing) but it was Columbia. A premier Ivy, and one that would have been absolutely in the forefront of defending the rights of the accused, as long as the complainant was not a member of a protected group.
14
*Columbia, not NYU
This happened at Columbia not NYU.
2
The problem with Title IX is: 1) The accuser can be anonymous. 2) No statute of limitations 3) No Double Jeopardy Protection 4) The Human Stain of the Accusation 5) No Cross Examination of the Accused by the Accuser 6) Alternative Facts can lead to Unintended Consequences 7) Delineating between rape, sexual assault, sexual misconduct, sexual harassment, sexual relations on a college campus 8) College Administrators' laser focus on protecting the institution's brand.
52
There's a lot of criminals involved in this case. Mumphery is not one of them. The hate goes on.
10
The article was remiss in not mentioning the myriad problems with rape accusations involving the football team, above and beyond the Nassar tragedy. Some players left the program. Others are still going through the legal process. Some thought it might lead to the departure of the Mark Dantonio, the most successful football coach Michigan State has had in half a century. Ditto for the basketball coach Tom Izzo. So bad there were rumors of the NCAA handing down the dreaded "death penalty" if a culture of conspiratorial cover-up was unearthed. In fact MSU which perennially won double digit games tumbled to a 3-9 mark in 2016 because of all the tumult surrounding the football team.
Mumphery may very well be innocent. Didn't know about his impressive SAT score which was never mentioned in the Detroit papers as far as I know. He might have been caught up in all the chaos swirling about the "rape culture" involving the athletic program. It's in such situations that we need a competent justice system more than ever, so innocent folks aren't tarnished by the blowing winds.
4
Drunken sex is not rape. Period. It may be a bad idea, but the mere fact that a person is drunk is not evidence of anything. We need to pull back from this point. Men are being damaged. Women are being damaged as well, even more so. Because this infantilizes women. They are allowed to remove their agency from situations, retrospectively. It's wrong. And here is Example #20933 of the terrible consequences of not allowing people to make mistakes in this sexual arena.
78
The current wave of “Feminists” insists that women who drink have no agency. Go figure.
2
Thanks for this illuminating article about a very tough issue. Let's hope it helps push public discussion and policy back toward leaving the adjudication of criminal charges in the hands of the criminal justice system, as imperfect as it may be.
One issue the article unfortunately did not sufficiently illuminate, though, is that of whether and how a woman is too drunk to consent and how and whether a man is supposed to know she is too drunk to consent. There are obvious cases at the extreme, where she has passed out or it can be proven that he could tell that she was so incapacitated that she had insufficient control over her actions and body to consent. But from the article we do not know the standards and facts that applied in this instance and whether, as in so many other situations, it might fall into a gray area.
Still, as a sensitive consideration of a very flawed process, the author and article do a service to a society that has yet to strike the right balance.
7
There was a case at a California University where a football player and his girlfriend, captain of the tennis team, were horsing around. No violence or assault or anything like it. Mutual consent by both.
Someone else saw it and reported it. An investigation was started and when the girlfriend tried to stop it by saying nothing had happened she was told to keep quiet. When she refused, she was threatened with being kicked off the tennis team and possibly something happening to her scholarship.
Her boyfriend was eventually expelled even though the girlfriend went public with it all.
21
We know nothing really of the evidence in this case so there is no way to judge the decisions at any level. Certainly his not being informed is a travesty. But it does not mean he is innocent. Did you bother to look at the woman’s claims? Our colleges and our criminal justice system are both notoriously bad at prosecuting rape situations. Try reading Jon Krakauer’s book Missoula to see how athletes frequently get away with rape. Let’s not rush to judge either side without a full accounting.
8
Yes, he is indeed innocent because he was not proven gulty. Yet you are the one rushing to judge against him with your witch hunt conception of burden of proof.
6
"Did you bother to look at the woman’s claims?"
The district attorney's office looked at the woman's claims and declined to prosecute.
The Title IX panel at Michigan State looked at the woman's claims and cleared Mr. Mumphery.
What more do you want? None of the readers here have any business making a decision in the case. The institutions whose business it is let Mr. Mumphery free. Until one of them didn't.
5
All the commentators here seem convinced that this man is innocent. The woman went in to get a rape exam -- that is not something one does lightly. In date rape cases, struggling to present convincing evidence of guilt does not mean that the perpetrator is innocent. For rape victims, pressing criminal charges often means more pain for no satisfaction.
Maybe you shouldn't get to have a fancy career if there's a serious question of whether or not you raped someone.
11
Should a person's career be destroyed by an unproved accusation?
5
I don’t think these readers are convinced that he’s innocent. I think they are presuming that he is innocent. Does that ring a bell?
9
So your career should be ruined if you’ve been accused of a crime without clear evidence that you committed that crime? Do you really want to see where that logical conclusion takes us as a society? Because this what happens in dictatorships and police states. When crimes can be arbitrarily assigned without due process, it dilutes the credibility of actual victims and subjectifies justice. When the standard of objective justice disappears, then justice is dead. For all of us.
6
Michigan State University has a lot of explaining to do. A lot.
13
I have 3 male friends who were falsely accused of rape.
Thanks to the NYT for finally writing a piece that shows false accusations are actually a possibility
22
"And Justice for all...."
Get it? Get it?
Come on, people! That's the PUNCHLINE! You're supposed to laugh!
1
Young men: if you're at a party and a woman suggests that she might be interested in hooking up, go back to your room alone and either fire up your computer or call an escort. Why have the rest of your life ruined because of misunderstood "signals"?
20
Yeah, or buy a breathalizer and video tape the consent. Maybe just everyone wear body cams at all times.
3
Wonderful way to trivialize date rape which is more common by nth degrees than your snarky nonsense.
3
I have to ask again because no one seems willing to address this glaring problem- Why is the school involved at all!? It is a criminal matter the police handle it end of story. No other group office etc has any role in or legitimate reason to be involved in the case.
37
The author assumes that the woman's intent was to "mess around and perhaps have sex." If she was unable to consent due to a high BAC, then she was unable to consent by law in many states (don't know Michigan's rules).
7
What a shock to learn that black men are often railroaded by unjust court proceedings!
5
It was not a court proceeding.
1
the actual criminal justice system cleared him. it's msu that did this to him.
1
Michigan State University - you going down. Failing to act on Dr. Larry Nassar's multiple crimes while secretly prosecuting Keith Mumphrey shows a shocking lack of institutional integrity. Moody's already downgraded its financial rating of MSU, which should be a wake-up call. Perhaps replacing the entire Board of Trustees, not just the President, is necessary. At this point, Michigan State's reputation, integrity, financial health, and perhaps its very existence, is at stake in these two dramatic cases.
8
The US military used to conduct internal investigations of sexual assaults led by the command at which the incident occurred. This led to similar outcomes that we are seeing at colleges and universities. Since falling under massive public scrutiny, the military has since moved all investigations of this nature into the hands of NCIS, who are trained, equipped and comparatively objective. The college system should follow suit immediately.
8
Expecting a university to conduct a sexual assault investigation is like asking a police department to teach 19th Century Romantic French Literature. There's no reason to expect a good result.
Leave academics to the educators, and criminal inquiries to law enforcement. Let the parties do what they do best.
73
Too glib by half.
A) the police have NOT done a great job, nor have the DA's. Everyone wants WINS, and he said/she said usually results in acquittal or hung juries. Who benefits from that?
B) we all do things that are far from what we think (or know) our strengths are. Universities have above-average smart people working at them. They're definitely smart enough to know what they don't know and to hire people to get them up to speed.
Yes, there's a learning curve, and they're gonna miss some - because - face it - many of these "could go either way."
As the author of the piece said - in a throwaway sentence, but one everybody SHOULD take to heart - "I don't know what happened in that room."
More often than not, after all the testimony, evidence, etc., that's going to be true.
Most of us understand that our system's "proof beyond a reasonable doubt" DOES let some bad guys and gals "skate."
It's the old cliche - YES, if you had a daughter or sister or wife who was a victim, you'd want the perpetrator ... brought to justice.
But if you had a son or brother (or husband!) who - pure as the driven or far from it - was hung out to dry because his word carried less weight than his accuser, you'd surely hate that outcome just as much!
Try as they might, the prosecutor or plaintiff usually knows better than to ask the jury or arbitrators, "WHY WOULD SHE LIE?" It may happen rarely, but there are 3-5 plausible reasons why "she might" - every single time. That's worth remembering!
3
The dire consequences of a very weak procedurally insecure system with few checks and balances within the university system is clear. Today in the NYT we read of the horrid story of similar (in the failure of checks and balances/evidence quality) in a texas case (Joe Bryan). If a criminal legal system is that "porous" how on earth can MSU or other academic institutions imagine they could adjudicate in a sterling manner such weighty issues using such a crippled system. Perhaps being too close to the system generates a myopic lack of focus by its staff; or perhaps it is the execution of an agenda.
On a separate note the same institution has different rules for white faculty/staff. This too should gravely worry the board of governors and the state legislators.
2
It is a dirty little secret that the majority of these sexual assault complaints in colleges involve black male students. His is not the first pro football career sidelined by female lies. There was an egregious case at Long Beach Poly high school a few years ago.
5
As an MSU alum. I find this heartbreaking. MSU was so asleep and in denial about Nasser's abuses over many years, but at the same time they exhibited idiotic bureaucratic zealous political correctness on this case. They need to bring in outside real investigative professionals on staff to administer and adjudicate these complaints, and more importantly, restore basic due process rights to the accused. They should set aside their previous findings and hold a new, fair, hearing. I hope Mr. Mumphrey is given another chance by some other NFL team.
8
What a disgusting travesty of justice
6
I just finished a mystery novel by "Galbraith," a/k/a ROWLING. She's probably more likely than not to "give the tie" to a woman. But she writes into her plot a nasty woman who has had a tough life ... and sees her ONLY SHOT to be blackmail.
Yes, that's the stuff of fiction, literally, but it's also REAL LIFE. Leaving aside the 101 reasons a woman might make a false accusation - or "mis-remember," which might let her off some hook but doesn't square things with the accused - we have a situation where someone does an undeniable HUMAN thing - she (in this case) says, "He (in this case) has so much, and I have zilch.... How is that right?"
I'm going to guess that 2-5% of the cases of this type fit this profile, but we've got to - as the author suggests - have a reasonably high bar to "ruining someone's life."
I don't doubt ANY of Harvey Weinstein's accusers, but it sure sounds like even "trauma" is a stretch for a 2010-2018 woman in NYC when it comes to bad behavior.
Again, that's not to - IN ANY WAY - excuse what I join the consensus in believing is/was criminal behavior.
But things are a lot less well-defined on a college campus long on rhetoric about "consent," but short - these days - on anything like ground rules re alcohol that strike me as central to questions like "Could I have told Yes from No at that point?"
I'm with the author - however unusual, this kind of seeming injustice calls for better, more "even-handed" handling.
3
Following Watergate, all graduating law students were required to take a semester long ethics course. We are not at a similar watershed moment - and all colleges should require entering students to attend a mandatory classes on sexual and verbal harassment, bullying, abuse, rape, discrimination or retaliation based on race, color, religious creed, sex, gender (including gender identity and expression), transgender status, age, sexual orientation, national origin, physical or mental disability, and similar acts and conduct. In addition, all colleges should be required to attend mandatory training on the handling of the above, including professors, medical staff and campus police.
Is he a Republican? If so, there is a pardon waiting in the wings for him.
4
...along with Martha Stewart and Rod Blagojevich.
1
I hope all of the readers are aware of the abuse thrown toward the current Sec of Education for even questioning these Title IX committees. Much of the abuse appeared in the Times. These article is such a radical departure that it could be read as satire.
21
If Michigan State does not reopen this case, and allow a fair opportunity to present a defense, including cross-examination, then I hope they get slammed big-time with an award of damages in the civil action. This is just another stain on the once solid institution. The powers that be at Michigan State should be ashamed of themselves.
7
As the mother of a son about to enter college in the fall, I have spoken to him repeatedly about the dangers of the new hook-up culture. What was once only the responsibility of the women on campus is now thrust on both sexes. While a young woman in the past might have to deal with the ruinous experience of assault, a man can now experience the same destruction of a life because of sexual imprudence.
While I am convinced an 18 year-old can decide when and with whom to be sexually involved, I am also convinced an unwise choice or action can destroy a promising future.
8
To make sense of what's going on in today's America my week's reading list will include Emile Zola's "J'accuse", Nathaniel Hawthorne's "The Scarlet Letter," and Arthur Miller's "The Crucible."
4
Apologies to Mr. Mumphrey for this travesty of "justice".
3
So now we are just realizing that these "trials" are probably unfair? We can blame "news" outlets like the NYT for their rush to judgement in years past when reporting on this topic.
19
The Times led the way in the Duke lacrosse case and so many others. Only Obama deserves more blame than the Times hype. It was so influential that the public thinks athletes commit sexual assault at a higher rate than the general population. I suggest every Times employee be required to read To Kill a Mockingbird.
13
The letter the Harvard Law School faculty wrote to the Boston Globe also included objections to Harvard's new definition of harassment.
These are some of the things that are now included--and this is among college students:
Sexual advances, including those that don't involve any physical contact
Commenting about someone's physical appearane
Dirty ("lewd or sexually suggestive") jokes
18
This is outrageous. And not only tragic for this hard working college student athlete, but this will eventually create a backlash and many of the gains that we women have made in the fight against rape and sexual harassment will be lost if we decide that due process is no longer necessary.
21
30 year ago two classmates were accused of raping a fellow student in their dorm room. Before University hearings. For three years their accuser led rallies against date rape etc. made their college life a living hell. Finally the case went to trial. Their was enough evidence to be charged criminally which is a very very low bar. On the stand under cross examination the woman admitted she had consented and only claimed rape after her friends found out that she agree to have sex with two guys at the same time. We have a criminal justice system that wrongly convicts many people, do we really need Universities running kangaroo courts? Let prosecutors handle crimes.
39
This as presented is a sad and cautionary case. But anecdotal evidence is fairly useless. For every one of these there are ten women who were raped without receiving any justice.
14
"anecdotal evidence is fairly useless"
But is still used as data when it fits the narrative.
This is a BIG cautionary tale re 'believe all women' and why all sexual assault cases should be tried in a court of law before reputations are ruined.
Whether man or women the plaintiff needs to face the accused and defend their case under cross examination. Although often abused this is the justice we should strive for. Past wrongs do not justify current wrongs.
If all accusers knew they would have to account for their accusations in a court of law I think we would see a significant down tick of accusations in the age of #metoo.
3
What a biased article. His lawyer Miltenberg isn't "fierce and eloquent." He's a hack who loves his name in the paper and was fired by his last client for comparing him in an interview to Rosa Parks.
8
Do not send your black son to MSU.
6
Or your white OR black gymnast daughter...
The place is a sewer filled with academic frauds.
5
Campus rape is a difficult thing to fairly adjudicate for so many reasons, including proximity that exists nowhere else for people this young- bedrooms full of young people of both sexes, alcohol, students who may be inexperienced at sexual relationships meeting up with students who are experienced, different values and prerequisites for having sex, and sadly students with predatory sexual appetites.
The pendulum had to swing, because too many women were being abused with no recourse. Perhaps, in an effort to do the right thing, the pendulum went a little too far. I have three children, all daughters, so I have to consciously force myself to imagine having a son falsely accused, or erroneously accused, and being stripped of the hard-earned benefits of a college degree or a subsequent career without due process. It would be crushing.
I am just so confused though. What qualifies college staff for handling the crime of rape? Why would this not be handled by the police? I don't understand all these hearings and rules that bear no resemblance to due process. Mumphrey says they did not even have sex, and he gave a DNA sample. Sounds like a job for a crime lab, not a bunch of glorified guidance counselors.
A girl claiming she voluntarily decided to do ten shots of vodka alone in her room would not be assumed to have clear enough recall to find Mumphrey guilty. And he certainly deserved to know about and participate in the third set of procedures. This is wrong.
18
He can thank Obama's Department of Education for his problem. The "Letter" has destroyed hundreds of students with illegal prosecution by University officials carrying out Obama's Title Nine nonsense.
Sad and unconstitutional.
19
This is an outrage. I thought SEC Ed Voss revoked the dear colleague letter, which produced a vast Kafkaesque system counter to the law; moreover such letters expand the power of the administrative state beyond the intentions of the Administrative Procedure Act. MSU has proven to be an incompetent, monstrous bureaucracy -- recall the sports doctor abusing the female athletes for YEARS. Moreover, Mr. Powell's otherwise excellent, balanced report fails to reveal (probably some privacy rule that has to be waived in fairness prevented) what the medical examination of the accuser showed or didn't show. A preponderance of the evidence (more likely than not) standard should never apply in the case of charges involving moral turpitude, including fraud, because of the dire consequences of an adverse finding. It seems the new legal standard is this: there is a presumption (perhaps rebuttable) that alpha males are guilty.
4
I have read the article twice and read all the comments.
Article written by a bloke. Very light on the details of the alleged assault. No substantive information provided from or about the accuser regarding their description of events.
Majority (~ 90%) of comments complaining of issues with Title IX rules since 2011, moaning about President Obama, questioning the ability of universities to investigate these types of cases,; and generally feeling sorry for the accused.
Nobody mentioning the fact that the accuser is steadfast in her claim of assault. First to the police and then to MSU twice. There's mention that the accuser filed a lawsuit but no information about it - against who/what for? The accused has also file a lawsuit against MSU for not allowing due process and wrecking his career.
This article doesn't provide enough detail. On the surface, yes, the university should not have reached a conclusion without having the assurance that the accused knew about the appeal in order to make his arguments. It's not a court of law, so is due process a right?
The prosecution declined to prosecute the case in the first place. Is this another example of bias against sexual assault victims? I don't know about this case in particular but there has been long-running bias. That's why we have #MeToo today. The accuser says she was traumatized. Understandable. Did the prosecution give her enough time before declining? Why did she not return calls?
Need more.
28
I think you might have missed the point of the article, which is that Mumphery was denied basic civil rights in a pseudo-legal proceeding whose authority has been sufficient to ruin his life. Even if he were a murderer, he would not forfeit his civil rights. This is why law professors are increasingly lining up against Title IX. Robbing defendants of their right to due process is wrong when they are accused of sexual assault, just like it is wrong when US and UK governments do it against terrorism suspects.
39
" No substantive information provided from or about the accuser regarding their description of events."
Tommy Robinson cannot be reached for comment. Heck, news outlets were barred by law to even report on his arrest. From the land of Orwell...
4
Definitely agree. The article isn't incorrect, per se--there's little it actually gets wrong, besides sensationalism--but it's focus on one (admittedly problematic) aspect of this whole process leaves many questions unanswered.
4
Hillary Clinton said the woman is to be believed. They don’t lie. This article is quite the reversal for the Times. I’ve read the exact opposite of this article at least 30 times in the last 4 years in this paper. Every time villifying anyone who dares to challenge the Dear Colleague directive. Why the change? Just to blame the NFL? Michigan State?
19
In one of several ill thought through efforts by the Obama Department of Education which parenthetically were supported by the Nytimes - goo.gl/Wm4hdF , they used the DOE considerable weight to reinforce TITLE IX's requirement for as university to mete out it's own form of justice. The alternative which is for the university to be under an obligation to report to authorities accusations and for professional law enforcement and prosecutions to take responsibility for investigation and adjudication is not allowed by Title IX. During the Obama administration, they targeted universities failure to comply with requirements under Title IX. Universities have simultaneously been complicit in covering up sexual assault while being overzealous. Title IX should be changed to require immediate and public reporting of complaints, an affirmative obligation to cooperate, clarity on access to student records, and be removed from the ridiculous requirement to be judge and jury (without either being in place)
8
This excellent article deserves to not be buried in the Sports section. It is a "front page" or "op-ed" topic: it has little to do with "sports" and everything to do with fundamental justice and fairness. I wonder if it is too politically incorrect for the Times' editors to run the piece where it deserves to be?
As to the substance: why on earth are schools involved at all? If a crime has been committed, the police and prosecutors should be investigating, arresting and prosecuting aggressively. The amateur sleuths and judges operating in a parallel system with different standards are more likely to interfere with justice than provide it.
19
The Times has been supporting these star chamber panels since Obama encouraged their use. The article should have interviewed the editors of the Times.
13
This and many others are just fine examples of why Universities should not be adjudicating any felony accusations.
9
The kangaroo courts of American universities have been very unforgiving for perceived crimes against the "protected" which includes gays, African Americans, women, and Muslims. Only when an African American male ended up in the jaws of academic justice often crafted by those with an angry and radical world view did those who choose "All The News That's Fit to Print" pull their heads out of the sand and pay attention.
11
Very disturbing. His life is ruined...and for what. So sick of the feminist agenda...now further perverting our justice system. This is an absolute travesty. And yes, I've been following this case well beyond this well written article.
6
And you no doubt follow the myriad cases where women have indeed been raped but had their accusations ignored, dismissed out of hand or ridiculed? Try reading John Krakauer's Missoula if you are so fair and open-minded. Spoiler alert: You're not.
6
I am ashamed for my country that such a miscarriage of Justice can be perpetrated by the State. It is just as reprehensible that the Texans didn't consider the circumstances before terminating this young man.
This is not justice this is just another Witch hunt!
3
So, MSU ignores complaints dating back 20 years against white physician Lawrence Nassar but hastily and secretly and rushes to judgement, without notice against black athlete and good student Keith Mumphrey who, by the way was twice exonerated.
This smells of maliciousness.
11
Disappointed that the author didn’t interview Bill O’Brien, the Texans head coach. Did he take the time to understand the particulars of how the case was handled before he fired Mumphery? Or did he simply look at the judgement and decide it was not worth the trouble? If it’s the latter then the issue is as much with him and the NFL as it is with Michigan State.
14
I think the coach was just the messenger of the decision from the team owner. Coaches can't terminate players.
I think you're correct. His career can't afford the luxury of justice. Recall that Bill O'Brien took over Penn State football after the (very real) Jerry Sandusky episode.
The Texans made a bad judgment call. But, then again, the NFL seems in general to make bad judgment calls. The NFL doesn't seem to have a mission statement or anyone on staff who can study an issue and come up with the right answer. Instead, it's all knee jerk, gut reaction, ignorance, and fear that guides the NFL's decisions. Crisis management rarely ends well. The owners and the management are like the Keystone Kops in better suits.
I hope Mumphery wins this review and is able to play pro football again. I also hope every single NFL player walks out on the field on opening day and kneels when the anthem plays.
3
What a horrifying situation. So many mistakes made.
The article says, "the woman claims in her own lawsuit and in police reports that she was very drunk and had consumed well in excess of a dozen shots of vodka before Mumphery arrived. She insisted she could not agree to have sex. Mumphery disputes that the woman was drunk." She says, he says.
Unfortunately, until very recently men/boys positions took precedent over girls/women in all sexual abuse cases. The police and courts tended to blame the victim - the girls/women.
Yes, there are a few cases where women lie for whatever reason. But in the vast majority of cases it takes real courage for girls/women, especially school-university aged, to speak out.
The real answer is for girls/women to take the situation out of the university/school universe immediately. Report the incident to the local police, your family and friends, women's organizations, rape help lines and use #MeToo to get your incident out to the public.
Time's Up, boys and girls who think "boys will be boys". Time to teach boys that women/girls are not their property, chattel and built-in man-ego builders.
Times' UP.
7
I absolutely agree. Men never have a right to treat women abusively. All complaints of such behavior should be received and investigated with total seriousness by the police, and only by the police. And when there is evidence that meets the usual legal standard, charges should be filed. And when there is not such evidence - as appears to have been the case with Mumphery - no charges should be filed. That we're created this exception to our usual standards of legal investigation and evidence with Title IX is truly problematic. It is bad enough that we do not observe the legal rights of accused terrorists.
2
Why has the constitutionality of these Title IX "prosecutions" not been challenged in court? Universities should not be in the justice business.
16
They have been challenged in court, and not infrequently, Universities have come up on the losing end...
1
So if a young man at a college or university is repeatedly found not guilty of rape, the accuser can simply re-accuse him again and again until his life is a shambles and his career destroyed?
A graduate student can find he's been expelled although he was found not guilty?
He has no legal protections against triple jeopardy?
The accuser has 14 shots but appears completely coherent in texts and on video, and uses the 14 shots to say she could not legally have given permission?
This is insanity.
64
As has been pointed out, locating Mr. Mumphery was not hard. Without speaking to the likelihood of the allegations against him being factual, he clearly was treated unfairly and the university needs to be held accountable. Given his academic record and the discipline he has shown in maintaining his pro sport physical readiness, surely there are other avenues he can pursue, even if they are less lucrative (and less likely to leave him with a chronic brain injury by the time he's 30). Small comfort in the face of such injustice.
8
Call me cynical. But given MSU's spectacular track record of failure in the sexual assault business, it is really hard to not see the timing of this turn-around story as suspicious, at best. You have to wonder if the Provost's Office would have bothered with a third look it they weren't already under fire for decades of malfeasance.
6
Where would we be if the roles were reversed? What if he had claimed to down 12 shots and unable to consent? The problem is a lot deeper than just sexual assault.
.
5
A sham and a convenient scapegoat...
2
So far, I see no comments correlating this indignant account of damage to a man’s life with the Times’s celebratory reporting and uncritically women-believing commentary on the #MeToo movement. Any thoughts about that?
As a strong supporter of the social change sought by #MeToo, I welcome this reminder that the movement depends on due process and critical thinking to keep from discrediting itself. I just wonder how many Times readers (and writers) notice that they’re being reminded.
2
Michigan State drops the ball again. Looks like the folks in Ann Arbor have been right all along.
1
East Lansing.......
This appears to be a complete miscarriage of justice. This man's life is completely ruined by a spurious allegation of sexual misconduct.
4
I amazed by the comments. It’s as if nobody has heard of this issue before. I’m not sure how a Times reader would be unfamiliar with the Title IX process.
1
But why was the accuser unhappy with how thecase was handled? The article ought to explain this, since it’s avery interesting point hat she was not pleased even though he faced harsh consequences. Please explain.
4
If these are complete facts, this isn't right.
4
This article reflects the liberal bias of University administrators. Beware if you are accused of a political incorrect offense.
2
The modern definition of sexual assault is not accessible to the criminal justice system or most other investigative method.
If a victim alleges non-consent and there is no physical injury or camera/witness evidence then by definition we have contradictory statements of two individuals engaged in a sexual act.
Therein lies the problem Title IX rules try to prove what is not provable by definition.
That for centuries men have abused this grey zone is obvious. Are we thus as a society agreeing with a system that is in want to correct past failures by giving the benefit of the doubt to the accuser?
That conflicts of course with the legal definition of guilt - which must be without reasonable doubt.
3
Your conclusion is far too timid!
This is an utter outrage.
"MeToo" should (actually must) include railroaded men, especially when those who punish them, see a young African American man. "Who'll notice?" We all better.
If the mere fact of accusation can result in destruction of lives, let's toss out the "innocent till proven guilty." It is utterly meaningless.
Coming on the heels of a police killing an African American man, after he closed his garage door on them ("what else to do except to shoot 4 bullets through it?), and his kids and soon to have been wife $4, which given the 1% blame attributed to the police, resulted in a 4cent award to them, one really has to wonder what kind of a monstrosity of a country we live in.
12
This article is both factually and legally incorrect. Shame on the NYT!
From the start Powell assumes the woman involved was lying: the students met for a "hook up" and "perhaps to have sex". The woman immediately reported the crime, she had bruises and gave specific detail. Women who suffer sexual assault are traumatized and scared; they are often unable to immediately pursue criminal proceedings. The prosecutor's decision not to proceed was not a determination of the truth and no "double jeopardy" applies.
Anyone who follows football (or gymnastics) knows that universities have a dreadful record when it comes to removing athletic stars accused of assault. Michigan reopened this case because it was ordered to do so by the US Department of Education which found its prior procedures to be inadequate. A fact not mentioned in the article. The order was prompted by the University's exoneration of two other football players accused of rape.
The victim here was not seeking money, or notoriety, she was asking only that Mumphry be barred from campus while she finished her undergraduate studies.
Mr Powell shares the values of the judge in the Brock Turner case: It is a shame to derail the career of an intelligent man, a successful athlete, just because he made one mistake. That an anonymous woman's life has been destroyed is just not nearly as important.
17
Regardless of Mr. Mumphrey's guilt or innocence, there is still this little thing called due process, which was clearly not followed here. Therein hangs the problem.
25
1. The reporter did not assume the woman was lying: he doesn't claim to know the truth. Of course there's a difference.
2. You report the woman's details and fear as if you know the truth.
3. In a strictly legal sense, prosecutorial discretion (not to proceed) may not be exoneration. But in a practical sense, it does.
4. If MSU was forced to reopen the case because 2 other football players were exonerated, this is guilt by association.
5. The victim wanted Mumphry barred, but that requires labeling him a sexual predator, which does much more.
6. The Brock Turner case is not a touch stone. Here there's no confession.
7. Elevating the woman's trauma to "life destroying" lacks sense.
12
I agree that Powell messed up, but there are a few ways in which you're mistaken. The Ed Dept. never intervened; it was the OCR, and their finding was that in two earlier cases, the university had not been timely enough in returning two (fair, impartial) judgments. They didn't find that MSU had erred in their judgment in any given case. (Proof: https://msu.edu/ourcommitment/news/2015-09-01-agreement.html)
As such, MSU wasn't commanded to review cases. However, it seems that in response to being investigated by the OCR and a few articles in the Lansing State Journal, it created a new office and started overhauling its procedures (https://msu.edu/ourcommitment/news/2016-12-15-statement.html). Presumably, Mumphery's case was reconsidered as part of that process. So it was of the university's own initiative that they granted an "appeal" to Mumphery's accuser.
So where does Powell mess up? Well, you're right that "Chapter 1" isn't really "jeopardy" at all, so the headline shouldn't read "triple jeopardy." And the context of the OCR's investigation into MSU's Title IX process matters, and should have been mentioned. Both of these are somewhat glaring errors.
But Powell doesn't "assume the woman involved was lying," or imply that she was "seeking money or notoriety." He just lays out the facts: they agreed to meet, something happened (either sex or rape). And it seems that the "double jeopardy" label fits--his case was heard, he was found innocent, and then they did it all over.
9
Keith Mumphery is not the only one who has been railroaded by the 2011 Obama era “Dear Colleague” letter which mandated that colleges apply the "Preponderance of evidence" standard (instead of the "clear and convincing" standard many colleges had up to that point) for proof in college sexual assault hearing. There is Caleb Warner, Kwadwo “Kojo” Bonsu, Alice True’s son, or the anonymous victim in the case which caused Judge F. Dennis Saylor to state “If a college student is to be marked for life as a sexual predator, it is reasonable to require that he be provided a fair opportunity to defend himself and an impartial arbiter to make that decision.”
There are a lot of things the current administration has gotten wrong, but Betsy DeVos was 100% in the right when she rescinded that Dear Colleague letter forcing colleges to not honor Blackstone’s foundation when looking at campus rape cases. The very liberal Governor Jerry Brown of California agrees with me—he vetoed Senate Bill (SB) 169, which would had reversed DeVos’s decision in California.
Rape is a serious crime. We should not force colleges to mark someone as a “rapist” without a process where we are certain that is exactly what happened. Otherwise, we will continue to have travesties of justice like what happened to Keith Mumphery.
12
This is a direct result of the MeToo witch hunt. Seems the pendulum has swung a bit too far one way. Before long women are going to wonder why men no longer wish to have sexual relations with them anymore. Laugh all you want but that's where this is headed at this point. It is getting to the point where men will just not want to date women anymore because of the constant possibility of being accused as a sexual molester. Who needs it?
1
Why is it okay to have a much lower burden of proof in a college than in the law?
There is no question that there is rape and sexual misconduct (whatever that is) on campus and something needs to be done to protect women, but that something is not defaming men based simply on one person's word - especially when there is so much conflicting evidence.
There certainly was a crime here, but the victim appears to be the accused!
5
Another demonstration of sloppy indifference by Michigan State. It's become noticeable as this country passes through its most serious turmoil since the Civil War, that university presidents are absent from the discussion.
On MSU campus, as on others, the president is merely a fund-raiser and ersatz financial czar, and other administrators are equally absent, spending their days in thickly carpeted offices shuffling papers.
Too bad, really, for this man.
I hope he sues MSU and wins enough to compensate him for what appears to be a miscarriage of something other than justice.
6
So the previous two times he was cleared = rigged investigations (where he wasn't even allowed to cross-examine her)?
1
Who should we really hold responsible for the unfair damage to his life that has been done? To me, the major culprit looks like his graduate school and the Houston Texans. They should be able to understand that due process was not followed, that a drunk encounter with no violence and no sex should not ruin a person's life. I don't know why the article doesn't assign a larger portion of the blame to the people who actually took direct action against Mumphery.
4
The NFL has been frequently criticized in the press and on social media for not taking sexual assault and domestic violence seriously enough. Their policy now seems to be to treat any allegation as truth and dismiss the accused. Is this fair, and due process? No, but don't blame the NFL, they run an entertainment business that must keep the public happy. The press and the public have forced this stance on them. Many public companies are adapting a similar policy to protect their interests at the cost of respecting the rights of the accused.
4
I am encouraged to see the NY Times publish a well-researched, well-written piece that focuses on an inconvenient truth that is counter to liberal/progressive orthodoxy.
5
The differences between the Nasser case and this one seem clear to me:
Nasser was a professional and seen as a part of the in crowd, not some poor kid who no one knew.
The school had a major financial interest in hiding Nasser; not so much with just one more undergraduate jock.
Nasser's case finally got lots of light and air, mostly through media coverage; they didn't even bother to send the kid's warning with a "return receipt requested"
Overwhelming proof on Nasser with hundreds of victims; who really knows how valid the proof is on Mr Mumphery.
The school got outed badly by the Nasser mess; this was the chance to slip one past the public. Shame onMSU
This young man deserves his day in a real court with real legal representation.
This whole process smacks of ol' Jim Crow to me.
I hope an attorney with some experience steps up to help this kid.
2
Quasi-legal proceedings and tribunals like this are at home in totalitarian states, not democracies. Beyond title 9, human rights bodies have the exact same unaccountable grotesque nature.
Progressives heads must be exploding. Obviously the facts are secondary....but they must be torn between a woman’s accusation which must always be believed, and the fact that the accused is black. Which virtue should be most loudly signalled? The dilemma must be paralyzing. If only one of them was transgender, to help tip the balance make it clear who they need to cheer for!
4
What bothers me the most about this story is the University’s pathetic method of providing notice, which was simply to shoot off an email and call that good enough. They knew perfectly well how to reach him- he was a professional football player, for heaven’s sake. This is not due process.
5
Why is it that a woman can be relieved of responsibility when she claims to have had too much to drink, but a man cannot?
7
Rape allegations must be handled by the police. Period. Universities have all different kinds of conflicts of interest on both sides.
That said, a note to young men and women - getting so drunk that you have no idea what's going on is NOT safe. Drinking 10 shots of alcohol could be lethal, even if you're alone in your room!
4
This lack of justice in this case is not unrelated to SCOTUS 5/21/18 ruling that allowed employers to force workers who have been victims of unfair labor practices into private arbitration to address their claims. And, on 5/15/2018, UBER did not abandon forced arbitration agreements for employees, riders and drivers who made sexual assault claims against it because they were concerned with justice...they only did it to protect their image. Somewhere along the line, the US began privatizing justice.
2
One thing often overlooked in these discussions is that, while it is true that preponderance of the evidence is the standard in most civil cases, defendants in such cases have many more procedural protections and rights than accused students do. In an ordinary civil case a defendant would have the right to extensive discovery (e.g., deposing the plaintiff), the right be represented by a lawyer, the right to cross-examine. Furthermore, in a civil lawsuit between accuser and defendant, the burden of going forward would be on the accuser, as plaintiff--drafting and filing legal pleadings, and, as did not happen here, proving that the defendant had been served with the important documents.
In a campus sexual assault case the accuser has the benefit of a campus administrator acting as quasi-prosecutor. Yet the standard of proof is that used in civil cases, not criminal. And the defendant lacks even the protections that an ordinary civil defendant would have.
8
The one party that could do the right thing today would be the team that released him. They could do their own review with their high priced legal and PR folks and decide to correct this injustice on his career.
3
Actually, MSU could do the right thing too.
It would be very difficult for the Texans to reinstate this man when MSU says he is a rapist.
2
The author is incorrect when he says that "many" schools used a standard higher than preponderance of the evidence prior to 2011. A survey of universities found that about 85% of schools were already using the preponderance of the evidence standard; the Model Code of Student Conduct updated in 2004 asserted that the preponderance standard as the level of proof to use, as we are running administrative processes--and I'll remind folks, the majority of civil cases (like OJ's civil case) used the preponderance standard. Being expelled is a very hard thing and has really difficult consequences, but no college can throw someone in jail, so why would we use a criminal standard of evidence? It's so high because the consequences are so high--are we really saying that expulsion is the same as jail time? More than that, I don't see an outcry over the miscarriage of justice happening over the students who are adjudicated for theft, hazing, physical assault, and all of the other behaviors that violate community standards, all using the preponderance standard. I am deeply concerned about this outcome (and have zero faith in Michigan State, post-Nasser), but inaccuracies about the Title IX landscape and the realities of student judicial processes that surround these conversations prevent us from having an honest conversation on what is going on.
2
I noticed that the university failed to answer your question about their policy, specifically what procedural standard was used to constitute proper notice and what standard they used for the ultimate determination of guilt or innocence?
If they used the "more likely than not" standard in a proceeding where the defendant was not present, had no voice and no opportunity to contradict any evidence against him, then "more likely than not" became a mear rubber stamp of guilt.
It amazes me how great universities that have law schools, ignore the advice that they could easily get simply by walking across campus.
13
My comment can only be based on the reporting in this article. Based on what I read, this looks like an overreaction on the part of authorities seeking to avoid any perception of leniency in response to sexual violence or intimidation. The case against this man appears to be very weak, and indeed he has been subjected to, in effect, triple jeopardy. A thorough reinvestigation of the facts is very much in order.
Although we should not and cannot ease up on the societal pressure misbehaving men are finally receiving, up to and including prosecution for violations of the law, we must guard against the type of overreaction that appears to have occurred here. "Collateral damage" like this cannot be permitted, and the wrong, if there is a wrong. must be righted.
7
As someone who was investigated for child abuse based on circumstantial evidence, and a previous anonymous false report against my wife by a toy store employee that she filed a complaint against, I have come to following conclusion. The justice system must balance the right of the accuser to get justice against the right of the accused to defend themself against false accusation. In. The past the scales of justice have been tipped in favor of the accused at the expense of the accuser. It has been moving toward a balance but runs the risk of being tipped in favor of the accuser at the expense of the accused. Title IX prosecution shows what happens when the scales are tipped heavily toward the accuser at the expense of the accused. When there is no definitive evidence, like a video of the act, it becomes a case he said she said.
.
6
When someone "takes the law into their own hands" and punishes someone so much as to change their life, or in effect end a dream of a particular kind of life, it is, in my opinion tantamount to a "lynching." I use this dramatic term not to suggest racial bias; I happen to be white. But this clear injustice could happen to anyone. As to the merits of the original case brought by the woman who claimed to be so drunk she couldn't give consent, even if true, would she not have also been so drunk that her memory of the events preceding the alleged assault would be suspect? According to the police and the findings of the first two University hearings that appears to be the conclusion. There are serious cases where women have been brutalized, and where justice has been fairly meted out, but based on the details of the article this is not one of them.
15
Northwester University law students have taken cases where an individual has been wrongly imprisoned; this is a case they should consider taking and proving wrong doing on Michigan's part in failing to contact him. This is immeasurable wrong. Michigan Univ. does not have a spot free record.
Good article. I'm at a loss that after Mr. Mumphrey was found not guilty on two occasions, he had a third trial at the hands of the University. Especially in light of the fact that the trial took place without Mr. Mumphrey's knowledge. In other words, this was a behind the door, closed trial, without the so called perpetrator of the crime being advised that he was being tried for a third time. What the heck happened to democracy. Whether he was guilty or not how can someone be tried, have his career ruined and go through life as a tainted individual without his knowledge that the proceedings were taking place? I certainly hope that University conviction is overturned and he receives compensation for this misdeed of justice.
17
I don't know whether he's guilty or not.I do know that being tried and convicted in a kangaroo court is not the way to decide someone's future. This insane policy promulgated by the Obama administration needs to be rescinded. Anyone who is assaulted goes to the police or the civil courts. This is not prosecution it is persecution.
11
Further evidence that "Innocent until proven guilty" is no longer a basic attitude in this country. The USA is now a country where trial by press is the norm and guilty if accused by a woman even if proof is lacking, is lauded as doing the "right thing". It is a sickening decline of rights and freedom.
11
A complete miscarriage of justice. Former President Obama and Vice President Biden should be asked to respond as well.
14
Would the author be so dismissive of the accuser had his daughter been raped?
Sports are over-emphasized in universities. A 1240 on the SAT? How about students denied academic opportunities with 1500 and 1600s? It's interesting that the author does not mention a GRE exam for a graduate student.
Colleges should move to the model that students participate in athletics as an outlet and not an occupation.
We are currently in a trade dispute with China. Perhaps if we valued scholarship over athletics we would be in a better position
4
Would you be so willing to have your son thrown under the bus by this system?
Nothing you wrote, James, has anything at all to do with the facts of the case at hand, as we know them. Nothing.
Indeed, your description of the tone of the column as "dismissive of the accuser" suggests that you haven't understood the author's intent and the main idea of the piece. Please re-read and reconsider.
8
Just to be clear, Mumphery was not accused of rape and in fact he and his accuser did not have sex.
4
Lets see, twice, after interviewing both parties, the woman's accusations were determined to be unsupportable. The third time, after a feeble attempt to contact the accused, they were found to be true? this is not American Justice. If there had been a court trial with an acquittal, it would be all over. The "College legal system" is corrupt.
44
Only thing missing from this piece:
Blackstone's formulation from 1765: "It is better that ten guilty persons escape than that one innocent suffer"
11
If a serious crime is alleged to have been committed on university property, the university should be required to turn the matter over to the police. Anything else is abetting the alleged crime. It is not a university's role to enforce the law. They are clearly not up to the task and have no business taking on a complex criminal investigation.
27
I'm sorry to be unfeeling toward the woman the case, but as a society, we cannot just say that a woman's feelings are unquestionable and that no male punishment will ever be enough.
This man deserved a defense instead of a default judgement. All 3 investigations were sloppy for both sides, and even that we allow continual retrial after dismissal conflicts with double jeopardy standards of fair criminal process. These cases need to be removed from colleges and given constitutional rights of a fair process.
And punishments should ultimately meet the offense, given a fair trial. Not all accusations involving misconduct should result in full career ending decisions. We as a society seem to be accepting this right now, but we must question it. Is it female empowerment to be able to make an accusation and end a man's lifetime career, to take that from him? Does that punishment match up to the female trauma or alcohol induced remorse?
30
So clearly the police thought not to prosecute the case as did the University. I am sorry and maybe I am insensitive but certainly she agreed to meet him and maybe ‘hook up’. Again we don’t know what happened in the dorm room but the time to tell a guy no is before anything happens, not as a result of regret. From the guys perspective I tell my nephews this, if a girl is trashed, the answer should always be no, even if she is saying yes in that moment.
18
"the time to tell a guy no is before anything happens".
You apparently weren't listening to yourself when you said we don't know what happened in that dorm room. You don't know what she said or didn't say, or what he may or may not have disregarded. Personally I would err on the same side the prosecutor and board did in this case but I think this type of well-intentioned overreach came about in the first place because of exactly the attitude you espoused just now. Your advice to your nephews is meant to protect them, but you have an opportunity to also teach them respect and care for others. It could go a long way.
2
Mr. Powell's careful reporting and writing is impeccable. Thank you.
I am trying to understand the "dis-ease" that sparks in me after reading this story.
My our shared humanity is often a war zone of unfairness, brutality, ignorance and occassionally, hopelessness-and all are victims here.
Meanwhile, institutions, already caught out through entropy and worse, entrench and build walls so no light gets in to serve others.
Institutions of light - education, in this instance-cast shadows of fear, ignorance, greed and sabotxage those they are chartered to help.
5
It's unclear why the writer shows so much sympathy towards Mumphrey - his loss, his difficult upbringing, his lack of backpacking experience - given that the accuser's side is not represented here.
If the article is about inequities in the investigative process, why not give equal space to both people involved?
13
I would be very surprised if she was willing to speak on the record about this case.
1
Apparently the accuser is anonymous ... another problem with the system where the accused have no opportunity to defend.
11
It's about a stark inequity in the *design* of the process. He's bringing attention to that potential ongoing flaw, not the details of the investigations done in this case. This is only one case, but how universities process these cases will affect many.
2
do not have sex with anyone from your school- it's just too risky for men- colleges are financially pressured to "convict" every accused male and the whole "always believe the woman" mindset is an invitation to lie.
14
Really?! - what is the conviction rate versus charges or accusations?
'impeccable feminist credentials' That we value certain opinions as more important because of some purity point system is exactly part of the problem to begin with.
17
That 1240 SAT score would have been out of 2400.
2
@thomas Martin, the best possible SAT score is 1600, not the 2400 you claim. (I have a current high-schooler now and am acutely aware of standardized test scores.)
9
No, it's back to out of 1600, so he's pretty smart.
4
The problem outlined here shouldn't be impacted in any major way by Mr. Mumphery's SAT score of 1240. But since it's been mentioned, here's some background:
The the average SAT score in 2011 when I assume he graduated high school was 1500. "The NCAA admits that almost 30 athletes in sports that make revenue for schools were accepted in 2012 with very low scores -- below 700 on the SAT composite, where the national average is 1000." (https://www.cnn.com/2014/01/07/us/ncaa-athletes-reading-scores/index.html)
In that light Mr. Mumphery's score is above average among his peers and respectable among Michigan State students, especially considering Michigan State (today and probably 7 years ago as well) ranks 10th lowest for college football SAT scores. (https://www.cnn.com/2014/01/07/us/ncaa-athletes-reading-scores/index.html)
From that same article:
Nationwide, "football players average 220 points lower on the SAT than their classmates. Men's basketball was 227 points lower.
University of Florida won the prize for biggest gap between football players and the student body, with players scoring 346 points lower than their peers...
All 53 schools for which football SAT scores were available had at least an 88-point gap between team members' average score and the average for the student body...
Football players performed 115 points worse on the SAT than male athletes in other sports."
3
I lay this at the feet of the NYTs and other media outlets that have fanned the drumbeat call for persecution of any man that a woman has felt mistreated by and who has a public persona. Let's reel this activism back in to real issues of discrimination based on sex, and true instances of real sexual assault. This " believe the woman regardless". Ethos has wreaked havoc in our culture and will continue to do so if the media does not take a stand against it.
43
Agreed!
2
No one has ever said "Believe the woman, regardless" of all evidence to the contrary.
1
Thank you to the journalist. I hope your work helps clear this mans name on multiple levels
8
Don’t let the Texans off the hook - stay on them to disclose the process they adopted internally to render their decision. I am sure that your readers would like to know if and how the Texans communicated their actions to the NFL, and the how the league responded. Keep pushing - this case needs to be vetted further.
11
I have 3 daughters, teenagers.
I have a brother that is a deputy sheriff.
I have already taught my girls that campus or university police may have an extra bias. And that bias is to protect their institution. And that bias may be orders from above.
If you feel you have been wronged, immediately go to the local police/sheriff/constable force. If you feel they have not responded appropriately, go to the next higher person, immediately. IMMEDIATELY.
No one is going to look out for you but yourself.
25
Surely it is time we recognize that universities and colleges have neither the experience nor the expertise to try and to judge criminal offenses such as rape.
We have a highly-developed legal system that is designed to handle rape and other criminal offenses with due process and with protection of the rights of both the accused and the accuser.
Cases like that of Mr. Mumphery clearly belong in the legal system, not in the hands of university bureaucrats.
24
Mon Ray - Actually, we don't have a,"highly-developed legal system that is designed to handle rape and other criminal offenses with due process and with protection of the rights of both the accused and the accuser."
If we did, the Title IX boards would have never been created. Our criminal justice system has been a dismal failure for victims of sexual assault.
3
I acknowledge that our existing legal system has room for improvement. However, it is far better than the Title IX boards, which are populated with administrators and faculty who are generally clueless about legal matters and the rights and obligations of accusers and accused.
I think we will make greater progress in this matter by seeking to reduce any shortcomings in the legal system than by trying to improve the boards.
There is no question that accused rapists. if found guilty, should be punished to the full extent of the law.
Sorry about that NFL career, but he's a student.
It's ridiculous that so-called "scholars" attend college with the goal of playing professional sports.
As for how universities handle rape, yeah, that needs to be revised. But a big chunk of the problem is having college-athlete "celebrities" and the hard-partying atmosphere that surrounds them.
It's really interesting that very few of the folks caught up in rape charges (whether alleged victims or alleged assailants) are studying, say, ancient Greek or quantum physics.
Let universities go back to being universities and move the football-party-hardy-tailgate atmosphere somewhere else.
7
How many working professionals also attend graduate school? Your notion that his career shouldn't matter, because he's a student falls flat when you look at the number of people who both work and attend degree programs in business, education, public administration, counseling, etc.
4
Plenty of non-athletes get caught up in accusations of sexual misconduct. I don't know where you are getting your sense of statistics here. Also, he's both a professional athlete and a graduate student. He's not a graduate student in order to become a professional athlete.
6
It never ceases to amaze, how educational institutions that are supposed to employ smart people time after time make boneheaded decisions.
9
There is nothing new here. In fact, when Columbia University turns a blind eye to a student carrying a mattress, even to the class graduation, the atmosphere in college is skewed heavily against men/boys. Even when both parties have been drinking alcohol the boy/man will be found by rule to be the perpetrator of a criminal act.
Worse yet the feminist narrative that any consumption of alcohol by the female equates to the presumption that there is no capacity to provide consent. What we see in this case is the successful agenda of feminist which is to criminalize male sexuality and the shield women from any accountability.
33
Agreed. Wonder why there is similar presumption that there is no capacity for a man to provide consent if he is drunk.
7
Criminal matters like sexual assault should be investigated by law agencies. The University is responsible for campus safety and has the right to discipline or even expel students for violating codes of conduct. The university does not have the right to be judge and jury regarding criminal matters. Expelling a student after due process can change the course of the students life - let the court system handle the legalities.
10
Mr Mumphreys has had his constitutionally guaranteed civil liberties violated. Michigan State should be held responsible for trying a man without providing him the chance to defend himself. Clear his name a restore the life he has worked so hard to achieve.
10
Mr. Mumphreys is free to sue Michigan State if he feels he has been harmed. I don't see how his constitutionally guaranteed civil liberties have been violated.
1
He was denied the ability to question his accuser, as guaranteed in the constitution. That’s a clear violation of civil rights. Unfortunately, it’s not actually a criminal case, so while the consequences are severe, he’s not actually imprisoned. So I’m not sure it matters.
2
You're referring to rights guaranteed in the constitution for criminal trials as if they apply to a university deciding to expel a student.
They expressly do not, just like you don't have a right to a speedy trial and a free lawyer when your employer fires you for misconduct.
the NFL dropping a player for such a faulty charge is almost amusing. Had he just punched her out on security camera he would have been fine. No mention was made of if he took a knee or not so he must not have because that is even worse in today's version of Bizzaro World.
7
I voted for Obama twice, this was his worst mistake. Schools shouldn't be in this type of situation. Criminal law for crimes, civil law for money damages, what is wrong with that concept. Why doesn't the victim in this case sue the attacker, he has money, he is a pro football player. The reason she doesn't, she would lose in court, with a jury, with discovery and cross examination. It is easier to go to title IX and sue the school, win,lose or draw. Trump if you want to do something good get Betty DeVos to withdraw that goofy guidance letter and let the schools get back to education and sports.
9
I've got a phone and a pen."
Yet another example of how BHO weaponized the administrative state (EPA, IRS, DofEd, NLRB) without any consensus legislation
1
Consider this.
1) MSU's Office of Institutional Equity, which was tasked with handling this investigation, has 14 staff members. Every single one of them is a woman.
2) The Title IX director at the time, has now been promoted to associate vice president in charge of a larger effort to enforce Title IX.
3) The head of the OIE is not a lawyer.
4) 86% of the lawyers in that unit went to low ranking law schools or non-ranked law schools.
5) 71% of the lawyers in that unit graduated from MSU's law school.
6) 74 investigations in 2016-17 44 found a violation. That's about a 60% rate. 45% of the students found responsible were dismissed from the school.
12
Where is the common sense in investigating allegations of misconduct today? As a father of two (2) daughters, I support the many avenues available today to proceed with criminal and civil procedures against men who commit these heinous crimes BUT I believe that everyone should be afforded due process and a place of higher learning should have been able to properly notify this young man of the appeal. I believe that the NFL is negligent in honoring their commitment to this player by dismissing him without affording him a chance to file his appeal in not receiving his due processes. But most of all, I would like to say, where is the African American community, artists and civic leaders for not requesting that attention be brought to this matter and force an opportunity to clear this young man's name and reputation.
8
The only correct place to deal with a criminal accusation is in the Criminal Justice system. Ditto Civil Actions. Schools have no place even discussing such things unless it is to teach the young Adults that attend their school that they should not be getting themselves involved in events where they can end up in a he said she said situation. Otherwise it is for the real police not school police even if they are deputized, to handle the complaint.
1
Having been a police investigator for over 25 years and having worked in SVU for some time, I realize that the only true way of determining justice is in the Criminal Courts. Justice was not served in this circumstance and I believe that that any allegation of a criminal offense should be presented to a Grand Jury and later tried by a jury of his peers not a group of college administrators.
1
Also everyone here fails to understand that college disciplinary committees don't just handle plagiarism or vandalism. Sell drugs to a classmate who overdosed? Steal a car? The police may decline to prosecute these crimes but the school still can (and does) expel students for this behavior--after a hearing. If schools expel students for some behavior that violates the school conduct policy but never does for sexual misconduct (which disproportionately affects women) it's DISCRIMINATION.
3
Sue schools like this for damages in civil court and the slipshod behavior will end. That goes both ways: for the wrongfully accused (and punished) and the victim who fails to get justice.
2
The bureaucrats in charge of these inquistions are often ideologically motivated (aka social just warriors), educated in humanities departments like gender studies that are devoid of internal dissent, and have zero training in, understanding of or interest in due process. They finally have their chance to exact revenge on the patriarchy. Yet we expect they will administer justice fairly?
11
Do you have proof of any of these accusations? Proof that’s the case here? Proof gender studies doesn’t allow dissent? Proof that “most” of these cases come from students with social justice on their minds? Or is this just how you “feel?”
3
Actually, its how most of us feel
As was previously mentioned universities are forced to deal with these allegations due to Title IX regulations. Note there is no perfect system and whatever process is followed there will be complaints.
1. If the case is handled in civil or criminal court the victim's reputation will be dragged through the mud.
2. If the case is handled through the courts and people are not happy with the result, then there will calls for the league to impose additional sanctions ( for example Ray Rice and Michael Vick).
The problem is with the people of this country who will need to decide how many different issues will be handled.
Pat,
The language you use in your comment, ie, that "the victim's reputation will be dragged through the mud" may be part of the problem. Referring to a "victim" assumes a crime has in fact occurred, and, thereby, that there is a guilty perpetrator, before due process has been carried out. It defies the very basis of our justice system. This is not to disregard or belittle victims what so ever, and I can only assume that it must indeed be a terrible experience for a victim to face her offender in court, but perhaps we should be more careful to use the more appropriate language (as the NYT does in this story) of "accuser" and "accused."
9
It is remarkable and welcome to read this story in the Times. That said, it is late in arriving.
As the article notes, in 2011 the Obama Department of Education imposed a collection of standards on colleges and universities for the adjudication of charges of sexual harassment and assault. These standards supported alleged victims, but at the expense of the rights of the accused. In effect, they enshrined the principle that since most accusations are (likely) true, the accused should forfeit their right to reasonable due process. This including mandatory application of the inappropriate "preponderance of the evidence" standard for establishing guilt. As this article notes, a finding of guilt, though not a criminal conviction, has very major consequences for the accused, whether he (its almost always a "he") is guilty or not. Most advocates of women's rights strongly supported the new paradigm.
And now, there is a welcome and appropriate backlash. President Trump's Secretary of Education has revised the federal mandates, and already revised them. More revisions, and balance, may be forthcoming.
As "metoo" cases are adjudicated in the press, we must remember that those who do not learn from history are condemned to repeat it. Many, perhaps most, of those credibly accused by multiple accusors may be guilty. But not all. And the accused are still entitled to due process and their day in court.
16
Many push the notion that "hooking up," drinking/drugs, etc., are rights of passage or practices that we should all engage in, but engaging in these activities never ends well.
It's never a good idea to "hook-up" with someone for sex and never a good idea to drink and lose control of your cognitive faculties. Simply thinking about actions and not just following base desires, can save your life, in more ways than one.
10
Part of the problem in my opinion is the 21 vs. 18 drinking age that forces college social occasions involving alcohol underground.
3
Never a good idea to "hook up" with someone for sex?!? Do you actually walk this earth or are you floating above it on a cloud of divinity?
--
People 'hook up' for sex all the time, always have, always will. It can be fun, safe, healthy. Problems occur when (as you note) too much alcohol or drugs are involved, or when it's not fully mutual. 'just don't have sex, all problem solved!' may be what's taught in Catholic school, but even there it's not adhered to. :)
4
I hope some NFL owner takes a chance on this young man, I hope someone helps him to write a book about this so that perhaps the Title IX policy changes, and I can only hope he is successful in suing MSU for $100,000,000... what happened to him is not justice
31
I've noticed in many of these cases that it's an overzealous university employee running a Title IX case in a semi-illegal manner, with a huge chip on their shoulder attempting to fix things with mob justice. That's why we need a higher standard of evidence- to protect innocent people from mob justice.
39
Michigan State? What a strange sequence of events relating to MSU sports and MSU officials. Now this story. I don’t know what happened in this particular case, but it doesn’t pass the smell test.
In fact, this type of unaccountable star chamber process is not uncommon in our colleges and universities. Someone says they are a victim, and due process suddenly goes out the window. A bureaucratic morality play ensues, often with a predetermined outcome. Facts don’t seem to matter. “Truth” becomes the least implausible lie that manages to get repeated over and over, undermining common sense and reason. People are guilty until proven innocent. Lives are shattered or destroyed. Hope is crushed.
The dirty little secret is that institutions like MSU are primarily concerned with protecting what it perceives to be in the institution’s best interests at a given point in time. That can easily change. A costly bureaucracy makes sure this happens, if only to justify its existence, manage perceptions, and report the most favorable statistics, however corrosive and cynical this process might become.
30
The process MUST be taken out of the university (church, synagogue, residential camp, school, human service agency, group home, gym) and put into the hands of the police when a criminal investigation is needed. The concept of self-monitoring and self-investigation is an oxymoron.
There is no self-interest in any of the above-mentioned agencies to have an honest finding. Each of the above lose business/reputation/members/trust. Just look at Ireland' church membership for a stellar downfall when self-reporting and self-investigation is the norm. Cover up and denial are the obvious response and this is easily remedied in terms of due process and fair outcomes.
40
I agree with you 100%. All these internal investigations mean one thing, let's bury the issue. All criminal behavior without exception should be reported to the police and handled by the courts. Anything else is a ploy to cover up and damage control.
5
As a former college public relations officer I can assure you that colleges cannot be fair arbiters of these cases. They pose too much reputationl risk. Moreover, students involved with such proceedings are heavily influenced by the administrator in charge, whose continued employment and promotion depends on their ability to protect that reputation as deans and presidents determine is best. Criminal charges should be handled by our justice system, not colleges.
158
This feminist is generally a fan of Barak Obama and Eric Holder. I think their Justice Department erred gravely with the "Dear Colleague" letter. It's most blatant faults are well reported here. They are compounded by many of the individuals running these hearings processes at individual schools not having a healthy respect for due process.
The subject needs to be revisited by what remains of the career people at the DOJ. A "clarification letter" could be issuued enumerating some elements of due process for the accused that should be mandatory; this article cites several that were missing at MSU and are widely reported to be missing elsewhere. That letter could revisit the burden of proof issue and impose a "clear and convincing evidence" standard. It also could make clearer that there will be cases where the 60 day resolution rule is not practicable.
As the article makes clear such a move would find widespread support in the legal community, especially in law school faculties many members of whom are alarmed at the adjudication processes now in place on their own campuses.
74
The "Dear Colleague" letter was issued by the Office of Civil Rights (OCR) within the Department of Education. The Department of Justice was not involved.
6
The kangaroo courts that allow this to happen are because of people who carry the label you choose to. This is 100% a result of feminists. "Listen and believe" you cultists scream.
5
53 Thank you for the correction! Apparently my reading skills are deficient and I should have remembered the the Title IX stuff us administered by the DOE. Not sure whether Betsy DeVos is the right person to fix this thoughtfully but peobably no worse than the DOJ.
A very well written and thoughtful article. Regardless of guilt or innocence due process matters. It is bedrock to the fairness of any judicial system.
Michigan State is a public institution and it's administrative tribunal performs a judicial function in cases such as this. Adherence to procedural standards at least to the level of those required of a civil court (clear and convincing proof) are entirely appropriate. The quotes from opinions by Justices Scalia and Frankfurter are quite apt.
40
Universities have no business being involved in any criminal prosecution. Universities have a conflict of interest in such cases because any crime happening on their campus can effect enrollment......business.
MSU is a state university, so criminal cases should be handled by the State Police. In cases where a university is not a state university, such investigations should be handled by the county sheriffs department, and not local/town police because they are too often tied to the universities.
77
I don't like the idea of universities exercising quasi-judicial authority and processes. I recognize the communal aspect of an educational setting and understand that some issues like plagiarism and cheating are appropriately addressed internally. But actual crimes, such as assault, are dealt with by law enforcement in every other environment. Would we want Macy's or Gold's Gym to establish tribunals? There are valid reasons why our judicial system has its safeguards and procedures in place. Yes, it has its flaws and bad results, but it's the best validated system we have. It's certainly better than a bunch of independent groups deciding to establish comparably vague procedures that may be lacking in protection for all the parties. The other end of the spectrum seems to be Florida State which has had instances where the accused appears to be exonerated with minimal justification. Educational institutions are not part of the judicial system and should not be in the business of mimicking it. If universities are required to investigate such occurrences, then either the requirement needs to be changed or the outcome should be referral to law enforcement for deliberate assessment rather than a verdict rendered in what approximates a star chamber process.
87
Continuing to allow universities to pursue sexual assault allegations under the highly flawed Title IX framework makes about as much sense as also asking them to take up forensic analysis or investigative duties for the local constable.
If sexual assault is serious and worth being treated as such, it should be treated as such by the criminal and civil justice systems. They have robust guidelines and precedents to guide us and protect the rights of victims and defendants.
Title IX and the fuzziness of assault on campus represent a slippery slope for many students and universities alike. Time to move criminal prosecution away from essentially the same panels that handle honor code violations.
74
"allow" is incorrect. The universities are mandated to do this.
1
Sexual assault allegations should not be handled by universities. They should be referred to the civil authorities, period. Neither the accused nor the accuser is well served by the current system.
609
I agree completely. Surely it is time we recognize that universities and colleges have neither the experience nor the expertise to try and to judge criminal offenses such as rape.
We have a legal system that is designed to handle rape and other criminal offenses with due process and with protection of the rights of both the accused and the accuser.
Cases like that of Mr. Mumphery clearly belong in the legal system, not in the hands of university bureaucrats.
241
If the accused had been a star quarterback like Jameis Winston, someone who helped generate millions for both the university that recruited him and the NFL franchise that drafted him, he would have been treated completely differently.
Winston's accuser had bruises after the alleged attack and DNA samples from her underwear came from this star quarterback.
The system found Keith Mumphery more valuable as a scapegoat than as a professional football player
Justice often bends to the power of money.
179
If this story was one of Shakespeare’s plays, would it be considered one of his Tragedies? Or a Comedy? Apparently, we’ll have to wait for Act IV — which opens with our players assembled in a Federal Courtroom — to find out.
4
I'm sorry, but this whole idea of turning "rape' and "assault" (aka criminal matters )investigations over to a "University" is just crazy stupid. Just as bad is the apparent reduction of the level of proof: In a criminal case in the judicial system it is "beyond a reasonable doubt." In these quasi-judicial cases it is something much less. apparently, and there is no end of the matter. It is all just wrong.
Just as bad is the creation of a "criminal" case or claim that knows no end and is poorly managed.
There's more wrong with all of this, of course, but one other thing truly bothers me: why does anyone insist on punishing someone by making sure they cannot even work? If you truly want "damages" from someone for an injury you suffered (the civil remedy for such a claim), why take away the one way they could generate funds to pay you? How stupid/vengeful can anyone be? And why is the NFL Football team buying into this?
And if someone thinks I have no care for the poor woman who was assaulted... It's not so clear she was assaulted, not from this story, as presented here. There is apparently some part of this that suggests it was consensual. As I read it this is just another story based on "I believe the woman..."(Not really a very good plan...) except that in this case the woman is not particularly believable.
227
This is an outrageous miscarriage of justice. I hope he wins his appeals against MSU, collects damages, and has his NFL career restored.
If he were found guilty in a court of law, things would be different.
346
i think Keith Mumphrey is the victim here.
The University should be standing by it's original decision. Since the woman already sued the university, it makes me wonder if the fear of another law suit is affecting their ability to do what is right by Mumphrey in standing by their cleared decisiion
124
Keith Mumphrey surely is a victim of this unjust process. But the accuser may be a victim as well. I think that her dogged pursuit of this complaint makes it likely that, in her perception, she has been sexually abused. If we all knew everything, it is quite possible that many would agree with her perception and many would disagree. But we will never know what happened.
I'm not sure I share the consensus that the legal process would have produced justice, but I surely agree that what did happen is a travesty and that Kieth Mumphrey deserves better.
The woman's appeal of Mumphrey's 'not responsible' verdict was heard while MSU was the center of attention for NOT providing sufficient protection to the U.S. Gymnastics Team athletes in its care. Many believe that the decision to find Mumphrey responsible on appeal was, in part, an attempt to prove the school had learned its lesson and was now taking such accusations seriously. That is, the outcome in Mumphrey's case was dictated by the desire to appear tough on the accused in the hope this will help in the Nassar sexual abuse case law suits that have been and will be brought against MSU. If that's true, there's no chance MSU will reverse its decision.
2
It would appear that MSU and the Texans are equally guilty of depriving Mumphrey. Ms. Truszkowski's seeming lack of concern that innocent guys "get caught in this net" underscores the problem with trying these kinds of cases outside the judicial system. Anyone accused of a crime for which a conviction might fundamentally change their lives deserves a fair trial. I thought our constitution guaranteed that, but as this article shows, it evidently doesn't.
282
This case illustrates the weakness of the in camera university processes, which have very few of the basic protections offered by the criminal justice system. We'd all be better off if these campus rape complaints were dealt with by calling the police and letting the criminal system handle it -- rape is a very serious criminal offense, not a dispute between students, and should be handled that way.
When the prosecutor decided the evidence did not warrant prosecution that should have been the end of it. Michigan should not get another bite at the apple. And if the university proceeded with a hearing without giving the accused the opportunity to speak (without serving him, as appears to be the case here), its civil liability should be astronomical.
143
Please note that the university in question is Michigan State University not The University of Michigan, often referred to as Michigan. This is a big difference.
53
If the prosecutor doesn't bring the case the victim/victim's family can always try bringing a civil case. Without a conviction though it can be very, very hard.
4
When are universities going to see that sexual assault is a matter of criminality, and turn those cases over to police forces and district attorneys, and get out of a function that they are terrible at and cannot do right, by either party? This young man's case is a travesty, yet major universities are doing nothing to extricate themselves from a function they have no capability to do right.
397
It is not the University's prerogative. The US Dept of Education insists that schools do this as a condition for receiving title IV aid. While the protections for the accused have improved in the last year, the requirement for colleges to investigate have not.
52
You seem to be saying that "justice is for sale." Unfortunately, it seems to be true.
I hope this article serves to prompt the university to re-visit the case and at least one NFL team to reconsider not adding him to the roster until he is indeed found guilty in a fairer process.
58
What I don't understand is why the Houston Texans took the action they did knowing full well, presumably, of the 2 investigations that found in favor of Mumphery and the doubtful procedural of the third. I mean they should stand by their players and perhaps, just perhaps, demand a higher mode of conducting hearings from Michigan and until that happens refusing to reach any personnel decision which would have such devastating consequence. The Houston Texans are at fault here. And just thinking isn't there a clause in the constitution about cruel and unusual punishment? Although it seems what is presented here is getting more usual it doesn't make it any less cruel. Due process can be a safe guard indeed.
137
When a team goes along with the court imposed punishment and does not impose additional sanctions, i.e. Ray Rice and Michael Vick, then the public is also in an uproar.
5
The NFL stand by its' players. Don't make me laugh.
6
I agree. The Texans jumped the gun and should either recall him or pay up in court.
12
As in most legal cases in the Divided States of America, being a black man does not bode well, especially in cases like the one cited in this article.
MSU, under scrutiny for conveniently overlooking the misdeeds of Nassar, now overreact to a case which has been reviewed by prosecutors and essentially dismissed.
University officials, like all politicians, look first at what is the most expeditious solution for themselves at the expense of everyone and everything else, including justice. This case merely mirrors the larger social issues of the DSA, which are firmly rooted in institutionalized racism.
It is what it is and won't be disappearing anytime soon.
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While the university (in this case MSU) needs to do a preliminary investigation of a compliant of sexual misconduct (harrasment, rape) quickly to determine its validity, if there's reasonable proof of a criminal act it needs to be turned over immediately to the local police department for its investigation. Both sides need to be infomed of the decision of the university.
This is not an academic infraction which can be adjudicated by the university, it's a criminal matter which should be handled as any other criminal case. Why should a U student be treated differently than any other person/adult?
Lastly, it seems that MSU has a lot of housecleaning to do.
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Michigan State had to pay $500 million to 332 victims of Dr. Larry Nassar because MSU didn't believe their accusations. What goes on in the brains in East Lansing?
14
It is unconscionable that colleges and universities are permitted - required, in fact - to conduct these kangaroo courts that treat sexual assault, a violent felony under any circumstances, as though it were cheating on a chemistry quiz. These extrajudicial proceedings neither secure justice for the victims nor protect the rights of the accused and must be abolished. Investigating and prosecuting sexual assault is properly the purview of the criminal justice system, not college faculty or administrators.
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Sexual abuse, rape and related violent behaviors are criminal. The adjudication of these crimes belong in the criminal system, not a university system. Whether it is the procedural due process failure discussed in this article or the failure of USC to prosecute criminal behavior on the part of its student clinic doctor, the system is just not equipped for the complexities. We need to take complaints of this behavior to the police, let the DA decide whether to charge and then allow for adjudication before a jury of one's peers. This would have stopped the egregious abuse of athletes we have been reading about all year in the university context. It would likewise give crucial due process to "defendants." Losing everything is akin to losing liberty. Adjudication of crimes belongs in the criminal justice system. Period.
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This point has been made over and over again, and this unjust process still goes on. This is not fair to either men or women students.
40
Perhaps you haven't heard? There is no justice system. The American criminal justice system has lost all credibility since pretend president obama, his corrupt administration undermined, subverted the system to spy on the Trump campaign, to remove a duly elected president. Fact is, the radical left has pretty much destroyed any semblance of impartial justice. Yes, it has come to this..
4
The problem is not that the colleges are using the preponderance standard. First, this is the same standard used if a college student were in trouble for fighting, hazing, drug use, racial discrimination, vandalism or cheating. Why should that standard be reasonable for an offense like cheating but not sexual assault? Second, a student found guilty under this standard is not fined, as in the "clear and convincing" standard, or locked away, as in the reasonable doubt standard, they're just expelled.
The problem here is that he wasn't given the opportunity to defend himself at the campus hearing and that the Titans took this ruling based on the preponderance standard, which was unfairly applied, and fired him.
47
The problem IS that the colleges investigate things that are criminal in nature. Imagine somebody being investigated for a murder and expelled after state finds him not guilty due to DNA evidence, but college lacks the properly equipped lab?
If the offense is criminal, then college should turn the case to police/juidiciary and just follow their findings. That's all.
19
The reason that these types of assault cases were handled inside the university to begin with is that in most cases there is no corroborating evidence to establish what really happened, they are classic "he said, she said" situations where both parties have been drinking. In an outside courtroom where "beyond a reasonable doubt" is the standard the women would almost never be able to get a conviction. This is not on its face a travesty of justice, it is exactly what justice requires. These are actually situations of bad judgement, hazy memory, and sudden remorse where one party, by wishing they had not done something start to believe that they must not have said yes. But remorse and drunken memories do not equal rape. Also, these cases are so common on college campuses that there is no court system anywhere that is equipped to handle the entire load as outright criminal trials. So the university system was set up to speed up the process, not overburden the courts, and keep all parties out of the criminal justice system, a place that destroys reputations and futures no matter what the outcome of a case. That is why the universities lowered the standard of proof and why they try to address these situations as learning experiences for students without having their lives destroyed. The naïve change ordered by the Obama administration upset this system and created the kangaroo court system that we now see.
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