
PPEcel
cope and seethe
★★★★★
- Joined
- 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:
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?
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?