{"id":569854,"date":"2021-06-21T17:52:10","date_gmt":"2021-06-21T21:52:10","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=569854"},"modified":"2021-06-21T17:52:19","modified_gmt":"2021-06-21T21:52:19","slug":"appeals-court-finally-determines-that-bias-against-accused-might-really-bias-against-males","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/appeals-court-finally-determines-that-bias-against-accused-might-really-bias-against-males\/","title":{"rendered":"Appeals Court Finally Determines That Bias Against Accused Might Really Bias Against Males"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fappeals-court-finally-determines-that-bias-against-accused-might-really-bias-against-males%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=569854&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/06\/GettyImages-1129733491-1200x800-1.jpg\" class=\"ff-og-image-inserted\"  style=\"display:none\"><\/div>\n<p>Two appeals courts have found that the excuse used by colleges and universities that they aren\u2019t biased against male students, but biased against <em>accused<\/em> students, who just so happen to be almost exclusively male, is a farce.<\/p>\n<p>Earlier this month, the Eight Circuit Court of Appeals ruled that black male football players at the University of Minnesota were victims of discrimination due to their gender. The university argued it was merely biased in favor of accusers, not any particular gender. The Eighth Circuit rejected the university\u2019s argument, writing (emphasis added):<\/p>\n<blockquote readability=\"16\">\n<p><em>Considering as we must the totality of the allegations in the Amended Complaint, we conclude the Does stated plausible claims that the University discriminated against them on the basis of sex during the misconduct investigation and disciplinary proceedings. The district court concluded that a university\u2019s bias in favor of the victims of sexual assault does not establish a reasonable inference of bias against male students, citing Doe v. University of St. Thomas, 240 F. Supp. 3d 984, 991 (D. Minn. 2017).\u00a0<strong>While the circumstances here also give rise to a plausible inference of bias in favor of sexual assault victims rather than against males, \u201c[s]ex discrimination need not be the only plausible explanation or even the most plausible explanation for a Title IX claim to proceed.\u201d<\/strong>\u00a0Schwake, 967 F.3d at 948; see Columbia Univ., 831 F.3d at 57. Thus, we reverse the district court\u2019s dismissal of the Does\u2019 Title IX discrimination claims.<\/em><\/p>\n<\/blockquote>\n<p>This week, the Tenth Circuit also determined that bias against accused students can constitute bias against a particular gender.<\/p>\n<p>\u201cWhile a one-sided investigation, standing alone, might only raise a reasonable inference of anti-complainant bias,\u201d Chief Judge Timothy M. Tymkovich\u00a0wrote in the <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-1359.pdf\">court\u2019s opinion<\/a>, \u201cwhere there is a one-sided investigation plus some evidence that sex may have played a role in a school\u2019s disciplinary decision, it should be up to a jury to determine whether the school\u2019s bias was based on a protected trait.\u201d<\/p>\n<p>As defense attorney Scott Greenfield <a href=\"https:\/\/blog.simplejustice.us\/2021\/06\/17\/has-the-victim-bias-bubble-burst\/\">wrote<\/a>, the massive amount of pressure directed at colleges to find students responsible has made it impossible to ignore how unfairly the Title IX inquisitions have become:<\/p>\n<blockquote readability=\"15\">\n<p><em>The combination of public pressure, from Joe Biden who was disingenuously the main cheerleader in the federal \u201cIt\u2019s On Us\u201d campaign, on down to the Take Back The Night marches, the trauma-informed investigations that provided a ready excuse for every evidentiary failing of an accuser, the false statistics about false accusations and even the ubiquitous use of the word \u201csurvivor\u201d to describe an accuser before any determination was made that misconduct occurred, has served to destroy a great many lives. Courts resisted and deferred to campus excuses, but as the number of students harmed as grown, the railroading is no longer being ignored or rationalized away.<\/em><\/p>\n<\/blockquote>\n<p>Schools have, for the past decade, argued that they aren\u2019t biased against male students, just accused students. But the whole point of using Title IX to force colleges to adjudicate allegations of sexual assault was that, by not punished the accused, schools were creating a hostile environment for women, who are the vast majority of accusers. Many of the services and support offered to accusers is provided through campus women\u2019s centers, making any notion that this is about anyone other than women impossible to accept.<\/p>\n<p>The accused, meanwhile, are mostly men, demonized by those who claim sexual assault is rampant on campus and that accusers must be believed no matter what.<\/p>\n<p>If not punishing the accused is sex discrimination against women, then refusing to allow the accused to defend themselves from even obviously spurious allegations <em>should<\/em> be considered sex discrimination against men.<\/p>\n<p>These two circuit courts have essentially agreed.<\/p>\n<p><em>The views expressed in this piece are the author\u2019s own and do not necessarily represent those of The Daily Wire.<\/em><\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0<\/em><a href=\"https:\/\/www.dailywire.com\/subscribe\"><em>member<\/em><\/a><em>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Two appeals courts have found that the excuse used by colleges and universities that they aren\u2019t biased against male students, but biased against accused students, who just so happen to &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2280907,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/06\/GettyImages-1129733491-1200x800-1.jpg","fifu_image_alt":"Appeals Court Finally Determines That Bias Against Accused Might Really Bias Against Males","footnotes":""},"categories":[],"tags":[],"class_list":["post-569854","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/06\/GettyImages-1129733491-1200x800-1.jpg","fifu_image_alt":"Appeals Court Finally Determines That Bias Against Accused Might Really Bias Against Males","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/569854","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=569854"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/569854\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2280907"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=569854"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=569854"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=569854"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}