Joyce Krawiec serves in the North Carolina Senate. She represents Davie County and Forsyth County, NC. Christian, wife, mother, small business owner, and conservative.
Remember the infamous Duke LaCrosse case? Promising athletes were falsely accused of rape and were not given a fair hearing. After filing a lawsuit, the students won the case in court, but their lives were changed forever.
The stunning lack of due process on university campuses today is why I have filed a bill in the General Assembly that should protect students. It sets guidelines for how university students can be disciplined, especially in cases of sexual misconduct. Action is long overdue.
During the course of working on this bill, I have met families and have heard some horrifying and heartbreaking stories. I had no idea how many people have been punished and had lives destroyed over accusations that were later proven to be untrue. Here are a few:
* Ciaran McKenna turned down a pro contract to play professional football to attend Duke University. After being falsely accused of rape, he was expelled for two years. He won a lawsuit but his career was destroyed.
* An Appalachian State University football player charged with rape was found not guilty. A social media campaign by the accuser caused the university to open a new hearing. He was again found not guilty, but moved to Colorado to finish his football career while going through the arduous legal process.
* Allen Artis was indefinitely suspended from UNC-Chapel Hill’s football team after being accused of sexual assault. He was found not guilty.
These are just a few of the very high profile cases reported in the media. There are hundreds more regarding students who were not star athletes and did not get media coverage. I have met with these families and some have devastating stories. One family told me of their son who was an outstanding student. He was a bright young man with a tremendous future ahead. After being falsely accused of rape, suspended, and humiliated, his life fell apart. Later he was vindicated but the damage was done. He turned to drugs and has attempted suicide three times. His family lives in fear everyday.
In North Carolina, K-12 students facing disciplinary proceedings where suspension is at stake are properly provided due process rights by statute. Our state does not have a statute that provides university students these same due process protections.
Our universities have inconsistent and varying policies that govern what constitutes sexual misconduct, how allegations are investigated, the rights an accused student has and how cases are adjudicated. The legacy of mishandling cases has resulted in injustice for students across our state.
Title IX is the federal equal access law that bans sex discrimination in schools receiving federal funds. It is no longer recognized as an equal access education law. Instead it’s called by students, “the campus sex police.” Students claim that the Title IX office violates the law in the rush to punish sex offenders. Accused students claimed “fabricated evidence was withheld from me until the very last minute.” They claim that staff is trained to presume guilt.
The Trump administration made changes requiring due process rights for students. President Biden signed an executive order on March 8, declaring his intent to roll back the due process protections. This legislation is badly needed to protect students and our universities from further lawsuits.
There are over 650 pending lawsuits filed against universities by student plaintiffs. Courts have increasingly intervened in cases regarding student sexual misconduct. Courts are startled by the lack of due process at universities.
Sexual assault is a very serious matter and should be treated as such. The system suffers when false accusations happen and due process is not given. It is unfair to young women who are truly assaulted (and we know it happens on campus) and their claims are looked at with skepticism when investigations are seen as unfair. Investigations should be fair to both sides and the proof should be clear and convincing evidence.
The university experience should be a memorable time that students look back on as one of the best times of their lives. It shouldn’t be a nightmare to be re-lived for the rest of their lives.
I will be working hard to push this legislation and to see that it becomes the law. All students should be treated fairly and should be given their right to due process.
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Joyce Krawiec serves in the North Carolina Senate. She represents Davie County and Forsyth County, NC. Christian, wife, mother, small business owner, and conservative.