While due process in campus sexual assault cases is definitely an issue, it should also be noted that campuses do occasionally protect rapists.

Greg Piper at The College Fix has the story:

Student Privacy Law Wrongly Used To Shield Convicted Rapist

While much of The College Fix‘s legal coverage has focused on colleges denying due process to students accused of sexual assault, we’re also on the lookout for schools’ mischievous (or just ignorant) misuses of student privacy law – to hide their own misdeeds or avoid embarrassment.

Courtesy of the Student Press Law Center’s FERPA Fact project, we hear about an unusual case that melds these two issues – Title IX and the Family Educational Rights and Privacy Act (FERPA).

The College of the Desert in California refused to confirm whether it had expelled a student, Jesse Timothy Lara, who was later convicted – in court, not public opinion – of sexual battery against two fellow students. Lara was just released on parole after a year because of “credits for time served” and now must register as a sex offender.

KMIR News reports:

When asked today if Lara was expelled and when, COD issued a statement saying the college “is unable to confirm any information regarding this case. COD has not been cooperative releasing information to KMIR News about this case. All of our student’s privacy rights continue to be protected by FERPA (Family Educational Rights and Privacy Act).”

How thoughtful of the school. Except it said a year ago, when police first spoke to the victims, that the attacks involved “unwanted touching” and the college was “moving forward to have the student expelled,” according to KMIR.

FERPA Fact says:

If there was any actual FERPA violation here, it occurred when the College put out a statement following Lara’s arrest announcing its intention to expel him. Somehow, the College has convinced itself that announcing plans to expel someone doesn’t violate privacy, but announcing the outcome does. Really, guys? If you’re going to be ignorant, at least have the redeeming virtue of consistency.