The Protections We'd Want If We Were Accused
The Biden Department of Education is reviewing and seeking to change Title IX fixes made during the Trump administration. These stopped the egregious violations of due process -- almost always men's due process rights -- instilled by the Obama administration's "Dear Colleague" letter.
The Daily News Editorial Board gets it right on due process -- on fairness for both accusers and the accused in sexual misconduct investigations:
Monday, Biden signed an executive order directing newly-confirmed Department of Education Secretary Miguel Cardona to review all DOE policies and consider whether any should be suspended, revised or rescinded, if they don't comport with the DOE's mission to guarantee students safe educational environments free from sexual discrimination and harassment.Critics argued that DeVos's regulations privileged rights of alleged harassers or assaulters above the long-ignored rights of victims, who've faced decades of legal and institutional obstacles to reporting sexual harassment and misconduct. Critics argue too that false reports of sexual assault are extremely rare, suggesting focusing on rights of the accused gives outsize attention to an overblown problem -- that of false or inaccurate accusations.
Even if false accusations are exceedingly rare, administering justice for sexual assault victims shouldn't be a zero sum game that turns every person accused of misconduct into collateral damage, regardless of their guilt. Safeguarding due process, a principle so dear it's enshrined in the Constitution, isn't chauvinism. Biden and Cardona's revisions, revocations, and rescissions of the Trump-era Title IX changes should retain due process protections for the accused.








The "real" courts will adopt campus-style trial rules within 10 years.
dee nile at March 11, 2021 3:53 AM
1) File criminal charges. Schools shouldn't be in the business of solving criminal cases.
2) The accused takes time off pending the results of the trial. Alternately, they can do an exchange at another school. This keeps them from running into each other.
3) The accused either comes back or doesn't depending on the results.
In the case of legal but obnoxious expelable behavior, do it case by case with witnesses and the like.
NicoleK at March 11, 2021 4:51 AM
1) File criminal charges. Schools shouldn't be in the business of solving criminal cases.
2) The accused takes time off pending the results of the trial. Alternately, they can do an exchange at another school. This keeps them from running into each other.
3) The accused either comes back or doesn't depending on the results.
In the case of legal but obnoxious expelable behavior, do it case by case with witnesses and the like.
NicoleK at March 11, 2021 4:51 AM
The reason schools got into the business of being judge, jury and executioner, is because the evidentiary standards in a real court of law mean these *he said, she said* cases will rightly never see the inside of a courtroom.
Don’t ever forget that our legal system is ruinously expensive and unfair. The process is the punishment. It really is barely one step above settling grievances by dueling at dawn.
Isab at March 11, 2021 5:31 AM
Schools, like socialists, are more interested in the regulation of behavior and thought than they are in the solving of criminal cases. This is not about regulating criminal activity, but about ensuring the social and cultural dominance of left-wing identity groups.
Conan the Grammarian at March 11, 2021 10:26 AM
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