tv Fox News Reporting FOX News December 13, 2015 8:00pm-9:01pm PST
usu truth about sex and college starts right here, right now. >> she said, do you have a condom. she thought she gave consent. in fact they are setting up their own courts to decide when sex becomes a assault assault. but are the campus courts dispensing justice or cutting corners? you don't have the rights on a college campus. >> there is a camp sus.
sex has become deeply politicized. matters that were once commonly understood are now up for grabs. what is consent and most importantly what has been assault. the government is it be referee and far from resisting. actvift are inviting the government in and demanding it do more. we investigate how the rule book is rewritten. and what we discovered may surprise you.
a few years ago he applied to say small college. and his parents once attended. >> i liked that i got in. i liked the small liberal arts feel. >> in the first week of class says he met jane doe. >> he played on one of the sports teams and invited to initiation party. on the other side of campus, jane was partying at a soccer
match. much of the following information comes from the report obtained by john doe's attorney. jane doe would not talk to her and her lawyer was displeased that we are doing the story. back in the initiation party john drank to which. >> they had a sober member be of the sports team drive me back to my dorm room and i don't remember a lot of this. it is bits and pieces. and jane doe was one of my roommate's friend. i remember we were on my bed just talking and i believe kissing and some point, she taked off her shirt and just in her bra. >> jane's friends, took her away, back to her room on
a separate floor. before she left they exchanged phone numbers. soon jane and john were texting. >> she asked if i had a condom. and i said yes. it is great, i will be down. >> jane sneaked past the dorm advisor and headed to johno room. and on the way she vomited and a friend brought her to the men's room and she was ill again. and after that she went to john's room. >> i don't have any recollection of this. and when she walked in. she asked if i had gum and i gave her a pose of gum before we had sex. they became intimate. at one point he went to the bathroom down the hall and her friends stood outside of the room and asked her three times if she was okay.
she said she was fine. they asked her if she needed help and she said she was fine. >> i don't remember if we had more sex, at some point i decided i didn't want to continue. >> next day jane texted john if she could come by to get her belt and earring. when they met she asked if they had sex. turns out it was her first time. and after talking a few hours, they just decided to stay friends. >> the following week, jane was late for class. >> i texted her where are you? >> oh, yeah, i will be in a couple of minutes and she sits down next to me. >> to john, things seemed
amicable. what he didn't know, jane was uncomfortable about her night with him. she went to an assistant professor. dirk was a long- time activist on the issue of assault. she did not describe it as sexual assault. and dirk believes she was suffering for rape. john doe's father feels that the professor pushed for a accusation. >> tell me about the rape. and jane doe said it was not rape yet. >> she was in a strong state of denial and every rape victim feels like they were not rape. >> she learned that rapes were
going on to attack others. and dirk told her john doe fit the profile. a strong gpan in high school and class valedictorian and sports team and good family. it was this line of thinking that was the impetus to charge john doe with sexual assault. she filed a report of sexual assault. >> i got a phone call from the school title nine telling me that i had to pack up my stuff and leave my dorm immediately and there were officers to escort me off campus. >> he was taken to separate housing and he was isolated from the student body. and on campus, john was labelled a rapist. >> three guys hit me and i heard
them bragging about how they punched the rapist and i think that got me more than anything else. to hear them bragging about punching the rapist? not a rapist, the rapist on campus, that was hard. >> to jon it was a sexual encounter that was not uncommon and something to be regretted perhaps but not assault. even jane doe had not called it assault at first. he still remembers their long discussion the day after. >> we talked for nearly 3 or 4 hours and we chalk it up to a drunken mistake and she said i am sorry about everything that happen and i shared the sentiment and i am sorry as well. and i wish it was a more special
experience for everyone involved. >> but now here he was the campus rapist. >> when we return, we'll show >> when we return, we'll show you why john's story is that's definitely you. ho ho ho! shop like a pro at bass pro shops and basspro.com for great deals. like this rc truck for under $50. plus, kids can get a free picture with santa.
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tell your doctor about all the medicines you take, and if you're pregnant or planning to be. ask your doctor about otezla today. otezla. show more of you. >> we just saw john doe accused of assault and thrown in a system he didn't fully understand. but where did the system come from? it started with a letter. this is the dear colleague letter that changed everything. released april 4th, 2011, by the department of education of civil rights and spelled out what colleges were required to do regarding sexual assault policy. >> the issue of sexual violence is one that we brought to light in a renewed focus. >> the assistant secretary of
civil rights in president obama's. they focus on assuring that every college and university anyhow their obligation under the sieveul right's laws to assure all students were safe. that was new. >> the civil right's letter is entitled 9. and it forbids discrimination on the basis of sex. sexual assault in this theory is a federal issue because it "interfer "interferes" with a students right to receive education. >> i think obama administration hijacked title nine. >> he has represented both students and fakumenty. >> title nine was meant to open doors of all educational
institutions and requires colleges to treat men and women equally. and not give the federal government to manage them. >> it is a guidance document. but was it more than that? >> do they just offer guidance to universities >> if they don't comply with the nation civil right their funding is can be with held. >> the letter of guidance struck like a thunder bolt. all campuses was on notice and not that it came out of the blue. there was a growing movement demanding change. >> you had women's advocates and victim's advocate that claims of sexual assault were not taken seriously. >> they have written often about the issue of sexual assault on
campus. thanks to the obama administration, the incentive is flipped where it is hold more students accountable. you can't do that in the name of politics. >> there was a 2007 study that stated one in five women are threatened or assaulted while in college. indeed, this is a go to statistic for those pushing major reform. >> it is estimated that one in five women on college campuses is sexual assault during their time there. one in five. >> we know the numbers. one in five of every one of those women dropped off on the first day of school before they finish school will be assaulted in their college years. >> the number made people sit up
and take notice. it also made many question the source. >> if you go back and dive into these studies and find low response rate. and leading questions. and you have study authors making the determination if it was sexual assault whereas the person responding may not say that themselves. >> the statistics indicated much lower. and the report indicated that less than one percent of all college students are raped. they are not just measures rape, but certain types of inappropriate touching. >> there are questions of favorite phrase used by advocates that there is a "rape epidemic" on campus. epidemic suggest an increase. the rapes have been going down
and not up. >> there is a campus sexual assault hysteria going on. >> the letter insists on a low standard of proof on assault proceedings. the crim that will court requires beyond a reasonable doubt. but colleges would use a preponderance of the evidence standard. and that means those judging only need to be slightly above 50 percent certain that the accused person is responsible. >> if you are found responsible of rape, which is a violent crime, shouldn't you be begin an opportunity to have a higher and reasonable doubt measure? >> what we are talking about under title nine is whether students are safe to learn and whether they are discriminated or not based on their sex. >> the dear colleague letter was
a rev lougz and yet not based on any law based by congress. >> the dear colleague letter did not go through a review process or subject to congressional approval of any kind. it was a inner office memo that is now used to create new laws and policies and new ways to punish schools if they don't follow the policy. >> one place that got the message loud and clear was occidental college. they were facing a lawsuit with then students claiming that sexual assault accusations were mismanaged. two well known champions are carolin feldman. >> and danielle did you works. >> we have examples that are ram pant.
>> they headed the coalition. and advocate helped to create the system that decides john doe's fate. doe's fate. >> when we return, i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com [martha and mildred are good to. go. here's your invoice, ladies. a few stops later, and it looks like big ollie is on the mend. it might not seem that glamorous having an old pickup truck for an office... or filling your days looking down the south end of a heifer, but...i wouldn't have it any other way.
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>> when we left john doe, he was being investigated for sexual assault. occidental college promised their investigation would be fair. it didn't seem like that to john. he spent most of the first year to find out what was wrong with the case. jane doe filed charges with the los angeles police department.
but after a two month investigation. the decision was made not to prosecute. it was determined that they may have exercised bad judgment but both were willing participants and then in december, occidental informed john he needed to prepare for a title nine hearing. >> four months of stonewalled by the administration i am supposed to show up and present it to the judge that they hire and she'll decide if i committed what they are accusing me of. >> he hired a lawyer but john was not allowed to have him with him. >> he is expected to defend himself like a lawyer? >> the school said it is not legalistic. this is our private investigation and you are not
entitled to the rights. >> he was allowed to bring in a school employee as an adviser. >> i asked the employees and they said no. understandably given the climate and representing me would not be good. >> he found an advisor, the woman who headed the cafeteria and she was not allowed to speak but only offered emotional support. they were held with john doe and her advisor and jane doe and her adviser and title nine. witnesses were brought in to present the facts and asking the questions and sitting in judgment of john was mary lou, an attorney from a los angeles you law firm. >> i was the only male in a room
and full of nine women, when a croiing teenage girl saying he raped me. and there is an emotional impact of that i can't respond to and how do i respond to that. >> he was not merely lacking a lawyer, but there was very little due process found in the court of law. >> this 18-year-old can't have a lawyer in any of the hearings? doesn't have a fifth amendment right against self recrimination or see the evidence or cross examine or confront his accuser? you think this is america and you don't have those rights on a college campus. >> much of the hearing hinged on consent. john tried to introduce the l.a. pd decision in the case. and told the panel that they
were both drunk. >> i was told it was not relevant. according to them jane only mattered. >> they are supposed to empowering woman. but under the policy, the complete opposite affect they are taking women back a decade by telling them they need a man in order to be there and product them essentially from themselves. >> according to occidental john did not protect jane that night and they contend it was the piece of gunl for gain. >> that was supposed to show him she was drinking and therefore too drunk to engage in consensual relations. >> i should have known she was
incapacitated. >> if a girl asked for a pose of gum. of course you can have a pose. >> the only argument left. while jane was intoxicated she was aware of what was happening and she was not incapacitated. >> but somehow she latched on to the gum idea and said i should have known she was intoxicated and incapacitated and she blurred the lines between those two things and that cost me my college education. >> john doe and his family heard the decision in the case. >> it was a friday evening and i went outside. and he told me that he was found responsible. oh, my goodness. i just cried and i couldn't believe it. how can they do this? >> john was banished from the school. his transcripts would be marked
expelled from sexual assault but will keep it clean while he. >> one midwest school and i took a taxi and start unpacking. >> in less than two hours he was informed that the dean wanted to see him. >> i am pretty scared. the dean said, we got an anonymous phone call earlier that you were expelled from occidental from sexual assault be and that is not on your application. i have to be honest and yeah, i was and you know, they didn't put it on my application. >> his acceptance was revoked and 24 hours, he was on a plane heading home. >> while colleges implement the
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accused. the major cause of the change was an advisory letter from obama's department of education and now a bill is pending before congress. campus accountable and codify many of the changes and making them national law. one of the sponsors is new york septemberor gillebrand. >> the president and vice-president used the vice-president one in five women are assaulted in the years in college. and you don't have that number there anymore. is that accurate or not? >> it is accurate and prevalent and real. >> this year's state of the union address she had a guest. emma was there to represent victims of sexual assault be on campus.
>> people are supporting me because we do care together. >> in making her story public emman is a celebrity. performance art carries the weight where she dragged a mattress and got press coverage. she is known as a symbol of rape survivors, some what less known is the complicated story behind. paul, raised in germany taken colombia. >> he was accepted as a john j. scholar and he and his family they were opening up to him. >> neither paul or emma agreed to talk with us. >> paul met emma as a freshman. and they were friends and sent each other private facebook messages and before the school year was out, they were sexually
intimate. >> she was explicit with him in terms of the kinds of sexual relationship and activities she wanted to have with him. >> very much see. there is an exchange where she said blank me in the butt and maybe not. i miss your face though. and she said you don't miss my lopsided blank. and the 20th of august they did have sexual intercourse together and included vaginal andanal. >> i want to see you. >> and he sends her a birthday message and she said i love you, paul. >> what was happening at that point, emma wanted to have a relationship with paul and it be exclusive. it was not something that paul was interested in. >> seven months later.
colombia notified paul he was charged with sexual misconduct. she claimed when they had intercourse after returning to school he was violent and hit her and choked her and pushed her knees on the chest and grabbed her wrist and penetrated herranally. and paul wanted to introduce their facebook messages and they were disallowed. they were put in separate rooms and testifying through video monitors. and the standard of proof was a preponderance of the evidence. despite all of this, paul was exonerated. >> her story kept changing in front of the panel and she lacked credibility. >> she foiled a criminal complaint. >> the new york county district
attorney office said there was no probabable cause. >> she started a campaign of single handedly to destroy paul by carrying around her mattress until he leaves the campus. >> the media flocked. and she revealed his name in an interview. paul was known around the paul as emma's rapist. >> paul felt threatened and emma said it is not safe for him to be be on this campus. and some of her supporters posted facebook message. i am only pist that i am not in new york to cut his throat myself. >> she got credit for herthesis
and graduated magna cum laude in 2014. everyone including colombia university was caught up in this frenzy and in this onslaught of being afraid to stand against the that while rape is incredibly devastating, so are false allegation. >> ema brought the mattress to her graduation and released an explicit eight empty video. it is not a reenactment. but it takes place in a campus courtroom and mirrored her description of rape. >> most rapes happen in freshman year. >> i brought emma, a survivors and i was moved by her story.
>> what message did you want to send by bringing her. >> survivors if they have strength and encouragement to come forward they should be heard and hold campuses accountability and demand a process that is fair and they are not alone and people believe them. >> they went through the process and he was found to be not responsible by the campus and law enforcement. >> i believed emman and for all of the cases and survivors, it doesn't always result in a conviction. >> we'll return and see how
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a friendly environment. like 22 friendly. >> i felt comfortable with the city. i felt comfortable with the roommate and it just felt rooid right. >> they developed a platonic relationship and one weekend corey invited molly to come to a party and she said yes. she arrived late and had a drink and then a few more. after a time molly felt dizzy and sick and headed to the bathroom. corey went to check on her. >> he was patting my face away and molly look at me. >> she said stay with me. and we talked for a bit. >> corey walked her to the bed room. and we started kissing and was like a hook up.
she didn't feel right about what happened. >> there's no way i would have slept that i was not interested in or had no relationship with. at the situation of her roommate she went to see the counsellor sarah peters, the director of the university women's center. this is not an official report and i will not give you his name and all i will say he's on the wrestling team. molly got a call from peters who said there was another alleged assault involving a different wrestler. >> i didn't recognize the names, but that's when molly agreed to report corey for sexual assault. the school investigation took four months and afterwards a hearing was held in june of 2014. the adjuteicator was a accounting professor who was
trained as a hearing officer. >> i remember my attorney said you will be all right. it is not that big of a deal. >> august 4th. the adjudicator found that what happen was not sexual assault and noting that both students had acted irresponsibly, and 17 days later, the school asked her to reconsider her decision and sure enough, even though there was no new evidence, the decision was reversed and the now finding, corey had violated the student code and would be expelled. and i called the attorney and asked if they could do this. >> the family believed that it was overturned because of a title nine lawsuit from molly. >> they risk being investigated
by the federal government because the accuser will go to the department of efd sxaegz said they mishandled the case. >> molly was meeting with a noted activist named annie clark. >> i had gone over to title nine. >> corey appealed the reversal. but the chancellor upheld the expulsion. >> the corey mock would have had to had obtained consent. >> he a polled the decision to the state court to determine if the process was legal or fair. >> the tennessee court said it was a rare case of a college sexual assault constructed under the guide lines and evaluated by a source outside of the educational community and the
process was found wanting. the judge carol mccoy reversed the decision by the university. stating that the college improperly shifted the burden of proof by requiring he disprove the accusation. >> i came home and checked my e-mail and everything was overturned and next day, i found out i had passed all of my classes and got my graduation. it was a good week. >> corey's outcome is rare but becoming less so. it represents a growing trend. there are to date three other cases of a university's process not holding up to judicial jute skrutine. >> we will look at
. the idea that college campuses across the nation have been infected by a culture of rape has taken firm root in popular perception. there was the rolling stone feature about gang rape at the university of virginia that caused an outcry until the story collapsed and had to be retracted. there have been books and documentaries that denounce the lack of safety and concern at colleges. amidst this flurry, state legislatures are getting into the act. governor jerry brown of california and governor andrew cuomo of new york signed laws that create a statewide yes means yes standard. from now on, all sexual activity
on campus would require explicit affirmative and ongoing consent. but critics question the effect of the law. >> the only way that consent really works under these policies is through a question and answer game between couples. may i touch you here? yes. may i kiss you here? yes. may i kiss you like this? yes. nobody has sex that way. >> it will just create potentially a vast new set of cases that don't involve sexual assault that will have to be handled by campus bureaucracies. >> the ultimate irony according to some is that the evidence will still come down to he said/she said. >> there's no way to prove that this question and answer session occurred outside of a videotape because all that has to happen is an accuser says, i didn't say yes. >> as all this is happening, young people we've profiled on this show go on with their
lives, some less happily than others. >> stayed at home for almost a year after that, just because no one would really take me. >> it took a while, but john doe is now attending a new college. >> obviously there is an issue of rape and sexual assault within society that exists today, and i think that the movement to help combat that and try to make strides against that is a good thing. the problem is that pendulum has swung so far the other direction now. >> john doe is planning to sue ok okaycy dental. >> we're looking at two to five years of legal battle to clear his name. >> so far, john doe's family has spent $120,000 in legal fees. as for jane doe, she left occidental and entered therapy for post-traumatic stress disorder. she is now back at college.
cory mock exonerated by the courts is currently applying to graduate school. incident alley, his father lost his job as head wrestling job at university of north carolina. he feels because he started a controversial blog where he defended his son and attacked the campus process of investigating sexual assault. >> i heard the school was getting a significant a. of pushback on this about me and people wanted me fired. >> the college says he was let go based on his performance. ♪ molly morris is back at home attending the university of new mexico. >> i wanted to start revoking silence because i saw a need. >> she has started her own organization for rape survivors, revoking silence. >> to me it's an endurance performance. >> emma is already a star in the art world. when we called for an update, she told us that she was
continuing to pursue her art and that she was hani ihanging up t phone. paul nunguesser is suing columbia claiming they violated his title 9 rights by allowing him to be ahaharassed. the university has filed a motion to dismiss. paul has moved back to germany living with his mother and father. it should go without saying nothing in this show suggests that rape is anything but a horrible crime, that sexual assault isn't a serious problem. it should go without saying. unfortunately, this issue has become so politicized that some partisans want to claim, unless you back their solution, you just don't care. you're insensitive. you're not taking the problem seriously, triflializing the experience of the victim. but if we're going to essentially turn college campuses into criminal courts, treat due process as if it were
a pesky nuisance and punish what in some cases is considered common place sexual relations, then we better ask a lot of questions and make sure we fully understand the problem that we are trying to solve. we're told women would never lie about this sort of thing. certainly they should be heard and taken seriously. but women can lie. they can exaggerate. they can misremember. they can be confused. they can misinterpret. me can change their mieek reven. and they can feel regret. not because they're women but because they're human beings. most of us have sisters or daughters we want to make sure they are safe. but we also have brothers and we have sons. advocates say we've got to think of the victim. we've got to do more for the victim, and they are absolutely right. we do have to think of the vict
victim. that's why in every case the first question should always be, who is the victim? that's our program. that's our program. thank you for watching. i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com some of these experimentse're notmay not work.il. but a few might shape the future. like turning algae into biofuel... ...new technology for capturing co2 emissions...
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if you have moderate to severe ...isn't it time to let the... ...real you shine... ...through? introducing otezla, apremilast. otezla is not an injection, or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase... ...the risk of depression. tell your doctor if you have a history of depression... ...or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. side effects may include diarrhea, nausea,
upper respiratory tract infection, and headache. tell your doctor about all the medicines you take, and if you're pregnant or planning to be. ask your doctor about otezla today. otezla. show more of you. >> right now on justice, standing firm. donald trump talks like a frontrunner despite a poll showing him and his unfamiliar position in iowa trailing behind senator ted cruz. >> he will never get anything done. that's the problem with ted. >> plus, talk about a missed opportunity. immigration officials reportedly don't even look at social media profiles when doing fiancee visas. guess what they may have found if they looked at hers? it's a packed hour of politics, fighting terrorism and some fun on the streets. >> you may have a black belt, but at the end of the day if he's got a gun then you got a black belt, who