There's A Reason We Don't Consider Universities Part Of The Justice System
Really worried about the direction things are headed on campus per due process -- and affecting mostly men.
We have these bedrock rights: Innocent until proven guilty and a requirement for due process, among them. The Biden administration appears poised to toss them out -- again -- after Betsy DeVos brought respect for individual rights back (in the wake of the egregious "Dear Colleague" letter from the Obama admin that removed them previously).
There have been hearings on Title IX and the important changes DeVos made, reports Alexis Gravely at Chronicle:
Those regulations made several notable changes to higher education Title IX practices, such as requiring institutions to allow live hearings and cross-examinations and limiting the scope of off-campus misconduct complaints colleges must act upon to those that occurred in locations used by officially recognized student organizations.The latter change received pushback during the hearing from separate comments given by two former students, Delaney Davis and Sara Jane Ross, who graduated from the University of Texas at Austin. At colleges like UT Austin, many students live off campus, leaving them without protection from sexual misconduct, said Davis.
"Off-campus sexual misconduct is no less disruptive to a student's education than misconduct that occurs on campus," Davis said. "What is the point of even having Title IX if we are picking and choosing which survivors are worthy of protection?"
Ross said that if her Title IX claim had been processed under the new rule, it wouldn't have been investigated, because she was raped off campus.
"It's those off-campus places -- like apartments, parties, bars, sporting events and frat houses -- that are hot spots for abuse," Ross said. "Allowing universities to ignore over 80 percent of conduct simply because it didn't occur on campus is neglectful."
Again, assaults must not be ignored, but there's a place for that to happen, and it is not in the halls of Cap 'N' Gown U, but the justice system.
It is vital also that the accused be allowed to face and question or have their representative (lawyer) question their accuser and the evidence through live hearings that some are callig to have eliminated:
Benjamin North, a recent graduate of Case Western Reserve Law School, called it "the most important procedural protection" and explained that cross-examination allows both parties in an investigation to effectively advocate for themselves."Both respondents and complainants benefit from this procedure -- despite the emotional difficulties it does indeed present -- because the alternative is allowing the school to decide the case unilaterally with little input from the parties," North said.
The fairness you should advocate for is the fairness you'd want if you were accused of a crime -- maybe falsely accused. We need to care that there is sufficient evidence and due process before ruining the accused's life. Sometimes, this will mean criminals go free, but as Blackstone's ratio advocates, better that we err on the side of not imprisoning the innocent.
"At colleges like UT Austin, many students live off campus, leaving them without protection from sexual misconduct, said Davis."
There's a qualification for the loony bin: the presumption that the campus is a magical place -- and that somehow, savages live outside with no laws.
Radwaste at June 9, 2021 3:50 AM
It's unreasonable to expect colleges to be responsible for the off-campus behavior of adults.
NicoleK at June 9, 2021 4:07 AM
Most campuses are overwhelmingly female in both the composition of their students and administrators. About 70% - 75% of spending by schools on academic programs, 'health & safety' and other budget areas directed to supporting students goes to female students. On top of that, something like 80% of student aid goes to women and female-only aid is vigorously defended by schools that have actively purged any aid seen as favoring men, even when that's intended for racial minorities. And obviously the messaging, campus programs & activities + their content, and other 'student life' activity at most schools appear to be from a planet where only women exist.
So it's fair to say that higher education has been captured by women, is established primarily for the benefit of women, and seeks to reduce and suppress the influence of men.
That's the real motive for these 'sexual misconduct' policies. They enforce to men, and women, that males are subordinate and inferior in the eyes of the institution and society at large.
I know that sounds extreme and conspiratorial, but if you've had a chance to visit schools outside the US and other Anglo countries like CA, you'll recognize how extreme the US system has become along with its society generally.
pat at June 9, 2021 5:18 AM
"There's a qualification for the loony bin: the presumption that the campus is a magical place -- and that somehow, savages live outside with no laws." ~Rad
Well . . . it is Austin. Savage land of hippies and politicians. ;)
Ben at June 9, 2021 6:08 AM
> I know that sounds extreme
> and conspiratorial
Naw. If you wanna sound extreme and conspiratorial, ask why these people aren't concerned about the safety of women who don't go to college.
Crid at June 9, 2021 7:17 AM
The root cause of the so-called rape epidemic (actually an epidemic of false accusations of rape and harassment) is bogus definitions of consent that assume that women don't have agency. The fact that you had sex and regretted it does not mean that the guy did anything wrong.
jdgalt1 at June 9, 2021 7:54 AM
We don't consider Universities part of the justice system, unfortunately they desperately want exactly that.
If we abolish or even cut back the police, the college kangaroo court will be the new model. Activist non-police/ social workers, psychiatrists ( like the now infamous Dr Aruna Khilanani and her many supporters) will run these 'courts' to a new form of 'justice'. Basically formalized lynch mobs.
Joe J at June 9, 2021 8:33 AM
It sounds like the proponents of this are arguing for a reinstitution of the women's dorm rules from the 1960s that the sexual revolution set about abolishing:
- house matrons
- curfews
- signing in and out of the dorm
- no boys except blood relations into the dorm
- separate married housing for married female students
Perhaps they just don't know how to say that the changes caused by the lates 60s protestors engaging in cultural capture of the institutions were bad.
El Verde Loco at June 9, 2021 9:51 AM
A great many (most?) of the "assault" on campus are comprised of drunk sex, regret, boorish boys, and breakups. These girls want to punish the boy for the "crime" of not being a white knight on a horse. The girl giving testimony claimed that her "rape" would not be investigated off-campus, but the police do investigate, which sounds to me like her rape was not really rape. To get her revenge, these girls are using a brutal tool: the whole university, which can destroy the boys: take away scholarships, expel them.
cc at June 9, 2021 11:24 AM
Separate housing for married students makes a lot of sense, actually...
NicoleK at June 9, 2021 1:09 PM
Well, it is only fair that the young college men of today pay dearly for the supposed sins against women allegedly rife in generations past.
And of course, the idea that any female would ever selfishly and cruelly exploit a perceived advantage over a male is just ridiculous, seeing as how women are sugar and spice and everything nice. Just ask any feminist -- they'll tell 'ya.
Jay R at June 9, 2021 2:14 PM
@Crid: Naw. If you wanna sound extreme and conspiratorial, ask why these people aren't concerned about the safety of women who don't go to college.
_____________
I've done that, so some pretty blank and often offended looks. What kind of a parent would encourage their daughter to go to a place where she has a 1 in 4 chance of being raped?
These people don't even believe their own lies, they just say anything to grab power.
Trust at June 10, 2021 10:06 AM
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