Irate At The Prospect Of Men Being Allowed Due Process
That's what I'm seeing on social media -- supposedly "progressive" women horrified that men are to be allowed due process -- the fair treatment any of us would want if we were accused of a crime.
Laura Meckler writes in the WaPo:
Education Secretary Betsy DeVos plans to release as early as Wednesday her much-anticipated final rules governing how schools must investigate sexual assault allegations, bolstering the rights of the accused, people familiar with the matter said.In its broad outlines, the sweeping regulation is unchanged from the proposed version released in 2018, though there were minor adjustments made throughout, according to one person familiar with the matter who was unauthorized to comment publicly and spoke on condition of anonymity.
The rules will give universities and colleges a clear but controversial road map for handling emotionally charged conflicts that often pit one student against another. They replace less formal guidance, issued by the Obama administration, that was friendlier to those making allegations.
"Friendlier" -- heh. Due process was systematically denied to men across campuses who were accused. The most outrageous case was a guy who was expelled from Amherst after he got a blow-job from a woman while he was passed out. She said she retracted consent. He was passed out and she was performing a sex act on him. But male = guilty under the Obama Title IX Dear Colleague letter. Bye, dude!
More from Meckler's piece:
Under the new rules, college students accused of sexual assault and harassment must be given the right to a live hearing and the ability to cross-examine their accusers, much as the proposed rule directed. The rules also define sexual harassment narrowly, limiting it to conduct that is both severe and pervasive, not just one or the other....The proposal came under intense fire from women's rights groups and Democrats, who said it would allow assailants and schools to escape responsibility and make college campuses less safe for women.
Why is there no concern about making college campuses less safe for men via kangaroo courts that offer Soviet show trial-style justice, with a predetermined verdict of guilty?
Of course, accusations of sex crimes belong in the justice system; they should not be "adjudicated" by some gender studies' chickie and a rag tag band of appointees from the college.
RELATED: Biden says he'll reverse DeVos' bolstering of due process if he's elected.
Disgustingly, he says he'll be "on the side" of accusers, whom he calls "survivors."
No decent human being wants a rapist to go free. However rules of evidence and other facets of due process are vital and must be preserved for any person accused of any crime. Consider Blackstone's ratio: It is better that ten guilty persons escape than that one innocent suffer.
Being justice-oriented means being on the side of due process: on the side of fair treatment for all, seeing evidence supports accusation, etc. This is the standard we'd all want if accused of a crime.








I feel like if someone is criminally sexual, it shouldn't be up to the school to try them at all. Report it to the police.
NicoleK at May 6, 2020 3:15 AM
And if someone's not a criminal, but they are enough of an asshole that you don't want them in your private institution, then refund their semester and send them off.
But for criminal charges... file the police report. Have the trial, maybe put the accused on leave while they are on trial. Then await the results.
If colleges want to have a lower bar for kicking people out then they should just make clear what the criteria are.
NicoleK at May 6, 2020 3:18 AM
Because show trials serve a purpose and there are people who want that purpose served - with both nefarious and genuine motives.
There are those who wish to increase the power of their party and philosophy - identity politics - through intimidation.
Then, there are those who genuinely want to reduce what they see as too much sexual harassment on college campuses - i.e., Animal House drunken fraternity behavior - and believe that an intimidating hyper-strict enforcement regimen is the way to reduce the undesired behavior.
Criminal sexual assault should still be left in the hands of the police. However, we do know that the police and district attorneys can only prosecute crimes for which they have proof that meets a certain standard (reasonable doubt), and sexual assault is one of the hardest crimes to prove, often involving he said / she said claims.
Frustrated by the criminal courts' burden of proof, people often look outside the criminal justice system for relief. Witness OJ Simpson being successfully sued for committing a crime of which he was acquitted in a court of law.
Dirty Harry was viewed by some critics as a conservative fantasy, born of frustration with a justice system that often fails to convict criminals. The "Dear Colleague" letter was a liberal fantasy born of frustration with a justice system that often fails to convict criminals.
However, the character of Harry Callahan was a fantasy that affected no one's real life. The "Dear Colleague" letter set loose a travesty of justice that destroyed real people's lives.
Conan the Grammarian at May 6, 2020 7:01 AM
It's better that 99 innocents suffer than to let one guilty man go free -- some feminist somewhere
Wasn't it Catherine MacKinnon who thought that a false accusation of rape was acceptable and no big deal and perhaps even a net positive? or do I have her mixed up with another?
I R A Darth Aggie at May 6, 2020 7:34 AM
https://twitter.com/charlescwcooke/status/1257996899082219520
I R A Darth Aggie at May 6, 2020 7:58 AM
"...for the law holds that it is better that ten guilty persons escape than that one innocent suffer." ~ William Blackstone (Commentaries on the laws of England, 1765)
That is known as Blackstone's Ratio. The sentiment stemmed from a long tradition in Anglo-Saxon jurisprudence that the courts should err on the side of protecting the innocent.
In his 1770 defense of the British soldiers accused in the Boston Massacre, John Adams expounded on that, "It is of more importance to the community that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished....when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever."
Ben Franklin echoed Blackstone's sentiments in a letter to Benjamin Vaughn in 1785 writing, "it is better 100 guilty Persons should escape than that one innocent Person should suffer."
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I don't know about the McKinnon question, but I have found most of her utterances to be ugly and delusional.
Conan the Grammarian at May 6, 2020 8:02 AM
IRA,
It was Catherine Comins.
Jay R at May 6, 2020 10:02 AM
There is a free-floating anger in many feminists based on the "that's not fair" argument, that life isn't fair and it is men's fault. Never mind that men suffer 95% of workplace fatalities (and most female fatalities at work are drivers) or work longer hours or die young or any of that. It is still men's fault and since we are guilty of what those in our race/class/sex have done (class guilt, blood-libel) then punishing an innocent student merely helps balance the scales. They never stop to think what if the shoe was on the other foot.
cc at May 6, 2020 11:00 AM
Wow. I looked up Comins after your comment, Jay. She's a piece of work.
"The male chromosome is an incomplete female chromosome. In other words the male is a walking abortion; aborted at the gene stage. To be male is to be deficient, emotionally limited; maleness is a deficiency disease and males are emotional cripples." ~ Catherine Comins
She's blinded by hate and anger. And yet Vassar made (and kept) her the Assistant Dean of Student Life?
Conan the Grammarian at May 6, 2020 11:57 AM
Biden is on the side of accusers? Something doesn’t compute in that mans brain.
Abersouth at May 7, 2020 7:20 AM
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