Posted on 07/15/2015 3:13:43 AM PDT by rickyrikardo
A California trial court judge in San Diego has determined that a college student found responsible for sexual misconduct by a university disciplinary board was not given a fair hearing by the school. The student, who faced a year’s suspension, was not given an adequate chance to challenge the findings of a university investigator or to cross-examine his accuser.
While the decision may or may not have wider legal application, it comes amid a wide debate about the procedures used by universities to adjudicate complaints of sexual assault, which generally give the accused much less leeway to defend themselves than is required by the courts.
John Doe and Jane Roe — students of the University of California at San Diego referred to in court documents by these pseudonyms — had a number of sexual encounters in early 2014 when they were both undergraduates. Some were consensual; some allegedly were not. In June, Roe complained about Doe to the university, alleging assault as well as retaliation. Doe was found responsible by the university for digitally penetrating Roe the day after they had allegedly had sex for the first time.
The investigator believed Roe.
(Excerpt) Read more at washingtonpost.com ...
Colleges should simply not handle rape cases. A college is not a court.
Western Culture, for lack of a better term, is becoming the Thing it left behind to be better than.
GD right.
or that sex traumatizes women
The ease with which a girl can destroy a man using the college system, makes men too vulnerable to unstable women who get enraged when broken up with.
Liberals hate due process.
For males accused of sexual misconduct.
Women don’t lie about these things.
Except in the case of Bill Clinton.
Wow, a rational decision from a judge. Given recent Supreme Court decisions, this is nice to see.
“Colleges should simply not handle rape cases. A college is not a court.”
Agreed, but also believe that colleges have a responsibility to prevent abuse of power within their hierarchy - and this they have a very poor record of doing.
What you too often see is that the universities/colleges will find against students, but not against abusive faculty and leadership. Just like in DC, where the big fish are let off the hook, and smaller fish are readily sacrificed (e.g. Scooter Libby).
I have very personal experience with this, and believe me, when a sociopath in a position of power and influence wants to ruin your life, they have a lot of opportunity to do so.
I think they'd make a college education something that's only available to women if they could. So far they're having to settle for quotas that make it as difficult as possible for them to be accepted, and rules that make it as easy as possible for them to be expelled before they can graduate.
There, much more accurate...
“when a sociopath in a position of power and influence wants to ruin your life, they have a lot of opportunity to do so.”
Sociopaths in positions of power and influence include women who like it on top during AND after the (f)act.
This is not how men should contribute to the empowerment of women.
They should make the penalty for false rape accusations the same as the penalty for rape.
The legislature could require the universities to remove themselves from what should be criminal justice matters.
Feminism ensures women that they will never be held responsible for their behavior.
The male is always guilty. Anything he says is used against him. Women never lie. Women never get carried away by their emotions.
Given the persistent, bothersome fact that men tend to be more financially successful than women (due to men being more willing to put in longer hours, spend their lives on the road, aggressively go after their goals, and other factors which feminists are loathe to admit), if you can't MAKE women be more successful, well then the only thing to do is cripple the careers of the men.
“A college is not a court. “
At a Fortune 500 company where I had worked for over ten years with a sterling record I was tried in secret by a tribunal that did not allow a defense or even notify me I was a suspect. The crime was sexual harassment. When I was informed of the verdict, by which I would be fired, I was then notified of the charges and that I had “lost” on appeal. This was all news to me and my bosses made no effort to help me. I emailed the company lawyer and pointed out one huge flaw. The alleged transgression had taken place at a restaurant at a going away party where I hosted a celebrity roast. When contacted the woman was appalled and stated to me and later to the management that no harassment had taken place. That didn’t matter as, according to an unreleased company policy the fact that actual harassment had not taken place was not relevant. What counted was that an uninvolved third party thought harassment had taken place. Their reason for extending this policy to off-site was that I’d used company email making it a company sponsored event. I pointed out that if it was a company sponsored event then the company would be liable for other events, say at bars, set up email. If somebody killed a person on the way home then the company was liable. The lawyer killed the whole thing. But it was a scary event and could have ended my career.
I think it did end my career, though it took a year to lay me off in a big, general layoff. My relationship with management changed and I felt I had a target on my back from then on. But they laid off lots of people. The fact that I was able to create and fund my own jobs should have saved me, but each time I did so, a manager would take the job and charge number and give it to somebody else. The writing was on the wall and the hammer fell shortly after.
This looks like a new type of Judicial system trying to bootstrap itself up from liberal Universities.
And then your left with universities cranking out a bunch of SJW "studies" majors who think "militant" is a job description. Any wonder businesses are screaming for more H1B visas so they can hire people that actually went to school?
After Justice Thomas was confirmed, my company (Fortune 70) went on a huge sexual harassment training binge. They bombarded us with memos, posters, training sessions, etc. They examined all the office space for inappropriate materials like posters of women.
This episode lasted until Bill Clinton took Office. Now managers were trying to hire the hottest secretaries and the managers started sleeping around the office.
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