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Discussion Sexual assault and due process on American campuses (burgercels, studentcels, politicalcels GTFIH)

Is rape an issue at colleges and universities?

  • Yes

    Votes: 1 3.7%
  • No

    Votes: 6 22.2%
  • It's not rape if you're Chad

    Votes: 20 74.1%

  • Total voters
    27
PPEcel

PPEcel

cope and seethe
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Oct 1, 2018
Posts
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Poll for shits and giggles. Here's the serious bit:

I'm doing a bit of research into due process at colleges and universities.

Let me give all of you some context. In 2011, at the behest of the Obama administration, the Department of Education's Office of Civil Rights (OCR) published what is now commonly referred to as the "Dear Colleague" letter. The "Dear Colleague" letter required private and public academic institutions in the U.S. to institute a plethora of policies to combat "sexual assault".

The two policies that are of most interest to us included:

1. Administrative hearings should use a “preponderance of the evidence” standard to determine if a student is guilty of sexual assault. This means we need to only be 50.1% certain that someone is guilty in order to declare him guilty. This is a lower evidentiary bar than the "clear and convincing" standard previously used, and far lower than the "beyond a reasonable doubt" typically used in criminal law trials.

2. The alleged perpetrator is not allowed to directly or indirectly cross-examine the alleged victim, in order to prevent "intimidation and trauma".

Failure to abide by the OCR's new rules could result in the denial of federal funds to the offending institution -- research grants, government-backed student loans, et cetera. This effectively scared the daylights out of university administrators across the country.

We know based on incidents like the Duke lacrosse rape case and Rolling Stone's retracted University of Virginia story that this is fueled by an unfounded, SJW-backed hysteria that foids are regularly victimized on campuses. Nevertheless, universities created sprawling bureaucracies simply to cater to the whims of every delusional, attention-seeking femoid.

Administrative proceedings may not have the force of a criminal conviction, but being publicly accused and expelled from a university for sexual assault is a career- and life-changing consequence. Now, untrained university administrators can effectively declare someone "guilty" by nothing more than the vague hunch that "he looks pretty guilty to me". This is effectively the "presumption of guilt" for ugly men, and they don't even have the right to question their accuser.

OCR's rules resulted in the expulsions of hundreds of innocent students (many of them people of color), and in turn, hundreds of lawsuits filed by students whose due process rights were violated. Here's one court opinion written by a currycel judge (Amul Thapar) at the United States Court of Appeals for the Sixth Circuit. I've attached the full opinion below, but here is a third-party summary of the opinion:

During her freshman and his junior year at the University of Michigan, John and Jane met at a fraternity party, drank, danced, and eventually had sex. Two days later, Roe filed a sexual misconduct complaint, claiming that she was too drunk to consent. For three months, the school’s investigator collected evidence and interviewed John, Jane, and 23 others. John stated that Jane did not appear drunk, that she was an active participant in their sexual encounter, and that he had no reason to believe that his sexual advances were unwelcome. Jane claimed that she was drunk and told Doe “no sex” before she “flopped” onto his bed. Almost all of the male witnesses corroborated John’s story; all of the female witnesses corroborated Jane’s. The investigator concluded that the evidence supporting a finding of sexual misconduct was not more convincing than the evidence offered in opposition and recommended closing the case. The Appeals Board held closed sessions (without considering new evidence or interviewing any students), and reversed, finding Jane’s narrative “more credible” and her witnesses more persuasive. Facing possible expulsion, John agreed to withdraw from the university, 13.5 credits short of graduating. The Sixth Circuit reversed the dismissal of John’s suit against the University. If a university has to choose between competing narratives to resolve a case, it must give the accused student an opportunity to cross-examine the accuser and adverse witnesses in the presence of a neutral fact-finder.

Basically, the based Sixth Circuit shits on the University of Michigan for denying the male student the due process that he deserves. It was an immensely satisfying read.

What does everyone think?
 

Attachments

  • Doe vs. Baum 2018.pdf
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Anyone who votes for anything besides number 3 is pic related
 
Rape is fault of women who walk like sluts, they are asking for it.
 
Rape is just sex with a nonchad.
 
The power to ruin a mans career prospects, reputation and future with the rule essentially stating that an ugly man is guilty until proved innocent.
 
this shitt mostly affects normies so i dont care
 
The power to ruin a mans career prospects, reputation and future with the rule essentially stating that an ugly man is guilty until proved innocent.

If you look the wrong way at a foid, you get screwed over by Title IX administrators who somehow has as much power to ruin your life as a judge and jury does.
 
Cringe, it’s all about US colleges.
 
Cringe, it’s all about US colleges.

It's because UK universities are based in terms of the way they handle accusations of rape. Since UK schools depend much more heavily on tuition from international students (as tuition fees for UK and EU students are capped by law), PR is of the utmost importance. Chances are, they'll set up a quiet internal investigation where is absolutely no pressure to declare you guilty.

There's also the fact that based on the UK's Higher Education Act of 2004, student complaints go to the Office of the Independent Adjudicator. They have pretty limited powers and can't even fine or punish universities. Whereas the U.S. DoE's OCR can literally kill a university merely by declaring that it has run afoul of anti-discrimination federal laws and stripping it of federal funds.

So for these reasons I'm focusing on the burgercels instead, because it's less boring. That, and I'm not familiar with other countries' systems.

@Anonymous MG you're probably even more familiar with the American side of things. Care to comment?
 
Last edited:

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