What Passes For Justice On College Campuses These Days
Horrifying story in the WSJ by Judith Grossman of what's become of justice on college campuses, thanks to a government directive.
I've written about this here before, but this is her son's horror story. He is a senior at a small liberal arts college on the East Coast, and was charged by an ex-girlfriend with alleged acts of "nonconsensual sex" that supposedly took place during their relationship, a few years earlier.
Grossman writes:
I am a feminist. I have marched at the barricades, subscribed to Ms. magazine, and knocked on many a door in support of progressive candidates committed to women's rights. Until a month ago, I would have expressed unqualified support for Title IX and for the Violence Against Women Act.
And then this:
It began with a text of desperation. "CALL ME. URGENT. NOW."That was how my son informed me that not only had charges been brought against him but that he was ordered to appear to answer these allegations in a matter of days. There was no preliminary inquiry on the part of anyone at the school into these accusations about behavior alleged to have taken place a few years earlier, no consideration of the possibility that jealousy or revenge might be motivating a spurned young ex-lover to lash out. Worst of all, my son would not be afforded a presumption of innocence.
In fact, Title IX, that so-called guarantor of equality between the sexes on college campuses, and as applied by a recent directive from the Department of Education's Office for Civil Rights, has obliterated the presumption of innocence that is so foundational to our traditions of justice. On today's college campuses, neither "beyond a reasonable doubt," nor even the lesser "by clear and convincing evidence" standard of proof is required to establish guilt of sexual misconduct.
These safeguards of due process have, by order of the federal government, been replaced by what is known as "a preponderance of the evidence." What this means, in plain English, is that all my son's accuser needed to establish before a campus tribunal is that the allegations were "more likely than not" to have occurred by a margin of proof that can be as slim as 50.1% to 49.9%.
How does this campus tribunal proceed to evaluate the accusations? Upon what evidence is it able to make a judgment?
The frightening answer is that like the proverbial 800-pound gorilla, the tribunal does pretty much whatever it wants, showing scant regard for fundamental fairness, due process of law, and the well-established rules and procedures that have evolved under the Constitution for citizens' protection. Who knew that American college students are required to surrender the Bill of Rights at the campus gates?
...I fear that in the current climate the goal of "women's rights," with the compliance of politically motivated government policy and the tacit complicity of college administrators, runs the risk of grounding our most cherished institutions in a veritable snake pit of injustice--not unlike the very injustices the movement itself has for so long sought to correct. Unbridled feminist orthodoxy is no more the answer than are attitudes and policies that victimize the victim.
From campus civil liberties defenders, theFIRE.org:
"The rights of all Americans can be secured only through the establishment of fair processes and with a consciousness that all are equal in the eyes of the law. Yet on many campuses, the unfortunate accused face "kangaroo courts" without fair procedures, in which the political viewpoint of the "judges" greatly affects the outcomes of trials. The accused are often charged with no specific offense, given no right to face their accusers, and sentenced with no regard for fairness or consistency. The FIRE cases listed below illustrate our fight for fundamental fairness on our nation's campuses. This generation of students must come to know that justice means more than merely the enforcement of the will of the powerful and the suppression of the views of the powerless."
Twitter was howling about this Sirot guy all night... Iowahawk, Balko and the usual suspects.
I'd never heard of him, but I'd never heard of Patrick's beloved Alex, either.
Crid [CridComment at gmail] at April 17, 2013 12:30 AM
How surprising that it took charges against her son to see the injustice that is happening all day long for so many years. Wonder whether she thought of all that when she filed false charges against any men(maybe her ex husband for all you know)
Redrajesh at April 17, 2013 7:02 AM
Absolutely reprehensible. Unfortunately, anything but new. These kangaroo-court proceedings were happening in the early 80's when I was at one of those small, northeastern, liberal arts colleges.
Fortunately, we have thefire.org and other liberty-loving, strong-willed souls that are willing to fight for our natural rights.
Jeff at April 17, 2013 7:35 AM
We have sowed the wind; we are now reaping the whirlwind.
Grey Ghost at April 17, 2013 7:36 AM
I attendend UMass in the late 80s. I cannot think of anything more hideous than campus police 'investigating' anything: they were emotional, self-focused on 'creating' justice, immature, and foolish. And to think they are party to such power ...
Elizabeth at April 17, 2013 8:55 AM
This is timely, as I now have a good reason to post here what I've been attempting to email Amy...
I live in Northern Virginia, a very very large well-populated area (so there's gobs of red tape and common sense can't possibly be used with so many DC lawyers). They are revising the student discipline guidelines & I thought you'd find a few of the proposed changes... interesting.
1.) The beginning has been changed as follows (italics = new material, parens indicate strikeout in the original):
PURPOSE
To establish a (booklet) regulation describing procedures governing...
2.) Quote from regulations:
Students may also be disciplined for acts committed away from school property
and outside school hours if the conduct is detrimental to the interest of the school or
adversely affects school discipline or if the conduct results in a criminal charge or
conviction...
*******
That last part didn't have any changes, and I'm thinking, "didn't we learn anything from the Duke lacrosse thing?" Somebody could accuse a student of rape, get charges filed, and the student could be suspended or expelled, even if the accusation was it was during summer at a camp in Canada and was proven totally wrong.
Shannon M. Howell at April 17, 2013 9:11 AM
Welcome to postmodern feminism, Ms. Grossman. This is the world you created for your son.
Cousin Dave at April 17, 2013 10:53 AM
Wait, isn't it just guys who will be branded and railroaded? In that case, nothing to see here. Just move along.
Jay R at April 17, 2013 11:51 AM
This article is the topic of a lot of discussion:
http://www.reddit.com/r/MensRights/comments/1cjau7/committed_feminist_mother_who_marched_at_the/
Jim at April 17, 2013 12:34 PM
This kind of stuff does make a guy (well, this guy anyway) kinda skittish in the dating game. "What if she gets butthurt and angry about something? I could find myself vengefully and wrongly charged with rape." You have to admit it, women regularly get butthurt and angry for bad reasons or NO reason. Then, the inherent drive to avoid accountability kicks in, she will use any means to shift the blame. From what I see, when it's down to "He said, She said", He has already lost.
bkmale at April 18, 2013 7:35 AM
I thought Title 9 was about sports?
Seems like schools can't get it right, I'm forever hearing about people getting raped and the schools not doing anything about it.
In any case, the only institutions that should be administering criminal cases are the police and the judiciary. Schools and churches should not be making the call. If you or your loved one gets raped or molested, don't report it to your bishop or principal, file a report and press charges.
NicoleK at April 18, 2013 12:18 PM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/17/what_passes_for_1.html#comment-3682946">comment from NicoleKIf you or your loved one gets raped or molested, don't report it to your bishop or principal, file a report and press charges.
But the deck isn't so neatly stacked then against the accused as it is in colleges, thanks to the government.
Amy Alkon
at April 18, 2013 3:19 PM
But the deck isn't so neatly stacked then against the accused as it is in colleges
Yet.
dee nile at April 19, 2013 3:23 AM
"I thought Title 9 was about sports?"
No, it applies to everything that universities do. The Justice Department is preparing to roll out discrimination suits against a bunch of science and engineering schools to force admission quotas for STEM programs.
Cousin Dave at April 19, 2013 12:52 PM
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