Pushback On The Removal Of Due Process From Men On Campus
Brooklyn College professor KC Johnson posts at MindingTheCampus:
In something close to a first-of-its-kind decision (in a similar case filed against Holy Cross, the judge sided with the university; comparable cases against Vassar and St. Joe's remain pending), U.S. District Court judge Arthur Spiegel has upheld much of the lawsuit filed by former Xavier basketball player Dez Wells against the university. A gender discrimination and libel case based on an allegation of rigged procedures against Wells will go forward.To review the allegation: after what he claimed was an incident of consensual sexual intercourse, Wells was accused of sexual assault. In a mere 27 days from accusation to judgment, the university concluded that Wells was "responsible for rape" after a process in which Wells couldn't cross-examine his accuser and was deemed a rapist based on a preponderance-of-evidence threshold. All this occurred while Cincinnati authorities determined that there was no basis to pursue criminal charges; prosecutor Joseph Deters deemed the Xavier process "fundamentally unfair."
In the Wells case, "justice" was swift--and unjust. So Wells filed a federal lawsuit, claiming gender discrimination and libel, and urging the court to overturn the result of Xavier's disciplinary tribunal, called the UCB. One advantage universities have in these sorts of proceedings is that unjustly expelled students often will shy away from filing a lawsuit, since the mere act of going to court will make public that their former school branded them a rapist. But in Wells' case, he already had been subjected to taunting behavior from opposing crowds--including, most shamefully, from Duke students, who should know something about procedural improprieties and rape allegations--because of the highly-publicized nature in which Xavier handled the claims.
More from Allie Grasgreen at InsightHigherEd about the removal of due process from men under Title IX:
FIRE and other groups concerned about the erosion of students' due process rights have protested OCR's requiring a lower standard of evidence against the accused than criminal courts, at 50.1 percent certainty for a finding of guilt, and a recent resolution agreement at the University of Montana that broadened the definition of harassment to include "any unwelcome conduct of a sexual nature." Such campus-specific agreements are widely considered general guidance for what OCR expects, and OCR called Montana's a "blueprint" for colleges nationwide.
via ifeminists








It's worth noting that on most campuses you don't wait for the results of legal trials for any crimes you may have committed. Not just rape. For example, drug possession, assault, etc. If the campus thinks you probably did it, you get kicked out.
NicoleK at March 14, 2014 11:47 PM
The difference, Nicole, is trying to explain to an HR department that you were kicked out of college for fighting at a frat party, or drinking underage, or smoking pot in your dorm room, and trying to explain how you were kicked out for SEXUAL ASSAULT, RAPE, OR SEXUAL HARASSMENT.
Kinda has different long term effects, ya know? In the former case, you can straighten up, wait out your expulsion or suspension, go back to school there or somewhere else, finish up and one day tell the story of youthful indiscretions and learning your lesson.
The other is a scalet A that WIll - I emphasize WILL as opposed to "can" or "may" - haunt you for
the.rest.of.your.life.
Feminists know that. You know that.
The disingenousness. It hurts.
The WolfMan at March 15, 2014 6:32 AM
""Scarlet"
The WolfMan at March 15, 2014 6:33 AM
Furthermore, Nicole, if anyone who was not apologizing for feminism were to compare any aspect of sexual assault, rape,sexual harassment or any other form of female victimization in any way to "drug possession, assault, etc." the comparison would cause every horn in the feminist calliope of moral outrage to start blowing like the death screams of a billion dying geese.
That you were not, in fact, drawing any sort of equivalence between the two would avail you nothing. You mentioned something in the same breath as the holiest of holies - you are "trivializing rape" (and only feminists can do that). And if you are a man with any position of responsibility, you better just go ahead and resign. Anyone else, watch your back.
The effects of a sexual assault on the victim, and the effects of a conviction on the accuser, more than justify a standard of adjudication that is a damn sight higher than that called for if a pasty-white-dreadlocked-credit-card-hippy gets caught with pot on the quad.
When colleges begin demanding the right to adjudicate murder through their internal procedures (I say murder because many consider rape a crime equal to, and some say worse than, murder), your analogy will have some merit. It will still be as wrong as it can be, but at least it will have a shred of credibility.
Until then, it deserves to leave skid marks on the bowl.
The WolfMan at March 15, 2014 6:50 AM
I'm gonna go on a limb and say if the college suspects you of murder you're going to be kicked out.
If colleges suspect you of being suicidal they kick you out (which will definitely cheer up a depressed person!), as I learned when my freshman roommate attempted it a week into her first semester. This put me in a bit of a bind a year later when my best friend attempted suicide (stressful college) and called me to tell her... I didn't call the ambulance because I knew if they showed she'd get kicked out, and she looked like she probably wasn't going to die. Her parents lived nearby so I called them instead. And they fucking THANKED me for not calling the ambulance. So she got to stay.
Colleges are super harsh on these things. It isn't just rape. It's everything.
NicoleK at March 15, 2014 9:50 AM
It's not that colleges are anti-male as "anti anything that might make us look bad".
Better to just kick out the depressed student than to deal with the possibility that they would commit suicide on campus, making them look bad.
Better to kick out the accused rapist than deal with the possibility that a rape might happen, making them look bad.
Don't want to ruin their rankings.
NicoleK at March 15, 2014 9:52 AM
While they do that though, the accused is stuck with "rapist" on their "life record" (public opinion), no amount of courts finding you innocent can fix it, unlike murder, drugs, etc... When a person is found innocent of murder it is usually held in high regard by the media while being found innocent of sexual assault, including rape, usually amounts to "he is still guilty, the system just let the guy get away with it, how horrible"
Of course public opinion is slower to change on an accusation of rape than the courts. This is why I think colleges need to defer legal matters to real courts since you could mess up a guy's life forever even if he did absolutely nothing wrong.
If they want to jump the gun, have them suspend the student pending trial. If found guilty, immediate expulsion, if found innocent the student will be enrolled into the next semester classes like normal using the funds from the previous classes, this would be the same, grant/loan wise as taking a semester off.
NakkiNyan at March 15, 2014 1:35 PM
Nicole said - I'm gonna go on a limb and say if the college suspects you of murder you're going to be kicked out.
Without involving the police, cooperating fully in the investigation, and honoring the results of that investigation if in fact you turn out to be innocent? Head right out on that limb, Nicole. No credible person will join you.
If colleges aren't anti male, that is something for which we can all be grateful. The rates of male attndance, rates of male completion, and comparative punishments for infractions betwen males and females begs the question - if they WERE anti male, what else would they be doing?
Nicole said - It's not that colleges are anti-male as "anti anything that might make us look bad".
Riiiight, cause kicking out depressed, suicidal girls makes colleges look....Good?
Nicole, you aren't the only person who has been on a college campus. You aren't even the only person who has been on a college campus recently. At any given time, well compensated by student fees, an army of first responders is standing by to kiss the boo boo of any coed who gets her feelers hurt. If you can't find them anywhere else, try the rape crisis center. They are not only standing by with feet in the chalks to respond instantly, they also have damn little to do. They would have talked to your roommate out of loneliness.
Nicole, its just not a credible argument. To the degree that colleges act on sexual psychodrama with draconian, totalitarian measures to the point of cruelty is not motivated by animus towards men, it is instead motivated by the fear of feminist reaction to doing otherwise. noone who repeats mindlessly the laughably untrue statistic of "one in four women will be raped in her college career" can possibly be motivated by anything else. Such a slanderous lie would never be tolerated, much less promoted, about any other identifiable group.
The WolfMan at March 15, 2014 1:49 PM
Nicole said - Better to kick out the accused rapist than deal with the possibility that a rape might happen, making them look bad.
So. You are saying we live in a society that would rather deny young men the most basic of their rights and ruin their lives than expose women to any risk whatsoever?
Wow. Patriarchy sure as hell ain't what its cracked up to be.
The WolfMan at March 15, 2014 1:54 PM
Solution is simple: Start more men's only universities, don't admit any woman, don't hire any woman. Problem solved.
Robert at March 15, 2014 3:21 PM
Solution is simple: Start more men's only universities, don't admit any woman, don't hire any woman. Problem solved.
Until the women start suing to get in.
Sosij at March 15, 2014 5:49 PM
I thought the same thing as soon as I wrote what I did.
But, as long as it doesn't take federal or state money, the plaintiff wouldn't have a legal leg to stand on. I'm sure women would sue, some are just not happy unless they can be around men.
Robert at March 15, 2014 7:04 PM
White males aren't a protected class. Just like a gym can't be male only.
So as soon as they make a single exception the doors are open and they are screwed.
Jim P. at March 15, 2014 7:21 PM
So. You are saying we live in a society that would rather deny young men the most basic of their rights and ruin their lives than expose women to any risk whatsoever?
***
No, I'm saying we live in a society where colleges don't want to take the risk on people who might do something that makes the college look bad.
And yeah, kicking out depressed suicidal girls makes them look bad, but not as bad as a suicide on campus would.
As for rape charges sticking with you... simple solution. "I was having personal problems which I have since worked through". That answers everything from sexual harassment to suicide attempts to drug use to violent crime. If you've got no criminal record then you don't have to act like you do.
As for colleges not involving the police for rape cases, how is that bias against males? That seems more like bias FOR males. Hell yeah they should involve the police. If a rape has happened it should be reported.
NicoleK at March 16, 2014 10:09 AM
Nic ole said - As for rape charges sticking with you... simple solution. "I was having personal problems which I have since worked through".
i don't even know where to start. Rape? A personal problem you have since worked through? A minor descent into violent, perdatory sexual behavior you have since put behind you? Here's an experiment, equally simple - try it. Apply for a job, or have a male friend apply for a job, tell them you were kicked out of school for rape, but "it was a personal problem you have since worked through." Lemme know how that works out for ya. My god. I can just see it? "Soooo, what about this...rape charge?" "Just a personal problem I have since worked through." "Oh. Okay. No problem then. Because we (unlike the gender eagalitarian universities in Nicole's fantasies) don't have to worry about liability, or about our company looking bad, so we'll just go ahead and hire someone who has been branded a rapist by a university because, well, "it was personal problem he has since worked through. Thanks for clearing that up."
Nicole said: If you've got no criminal record then you don't have to act like you do.
Umm, Nicole, that works fine when applying for a job at a convenience store, or an entry level clerk position, or garbageman, or fry cook. Ya know, those jobs feminists have no problem seeing men "disproportianately represented" in. When applying for a professional position they kinda want to know why you, for example, you walked away from a professional position for a couple of years, only to reemerge suddenly in the job kmarket. "Well, I left to go to law school." Oh? Are you a lawyer? No. Didn't really want to do it, so I left school. No problem. We need your transcripts. See where this is going, Nicole? I don't know what you do for a living and I don't care. But if you are in the professional world, and absolutely if you work in the field I do, you are going to submit transcripts for every period of education, and the only other option is make up a lie about dropping out of sight for two years. And once they get that transcript, and see "involuntary withdrawal" you get to explain it. Want to make it worse? Lie. Yep. Tell them some bullshit, and then let them do some digging and find out you were convicted, by a campus kagaroo court, of rape.
Nicole said: As for colleges not involving the police for rape cases, how is that bias against males? That seems more like bias FOR males.
Riight. Because handling this behind closed doors, where the university makes up the rules, sets the standards, dictates all the terms and decides what rights you do and don't have (hint: Male = none) is sooooooooo much more fair than involving police, who have loads of experience in this sort of thing, with investigative standards, the ability to collect and document evidence, an impartial approach, and an obligation to protect the rights of the accused.
Your responses remind me of something that struck me like a blow (in the middle of a rain of blows) during my lynching -
Its a war. To them, it is a war, and my genital's make me the enemy. War is a zero sum game, and they don't care if I'm innocent or guilty, only that I am a man they are in a position to hurt.
Really, Nicole? I don't meamn to be insulting, but to be this disingenous is to be very insulting. And if you aren't being par-for-the-course-for-a-feminist-disingenous, you are being remarkably obtuse.
Perhaps par-for-the-course-for-a-feminist-obtuse.
The WolfMan at March 16, 2014 11:03 AM
Here's a thought experiment:
Drunk boy has sex with drunk girl. Who gets expelled, and why?
I R A Darth Aggie at March 17, 2014 6:57 AM
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