Posted on 11/23/2018 8:18:17 AM PST by reaganaut1
Colleges and universities need rules defining unacceptable behavior and how students accused of infractions of those rules will be treated. Because determinations of guilt can have serious, long-lasting consequences, schools ought to ensure that their procedures are fair, approximating the due process of law accorded to defendants in our courts.
Crucial to due process is the right of the accused to have the assistance of legal counsel. An attorney knows far better than the accused individual how to find and present evidence, how to detect holes in the case against the defendant, and when to object to unfair procedures.
Unfortunately, there is nothing like the famous “Miranda rights” for accused students and this can lead to miscarriages of justice. Frequently, accused students have to defend themselves in proceedings that are geared toward finding guilt rather than eliciting the truth.
In their recent Federalist Society Review essay, “The Student Right to Counsel,” Mike Adams and K.C. Johnson write,
Many colleges deny the right to counsel by prohibiting student’s lawyers, and sometimes the students themselves, from exercising the fundamental functions of an attorney, such as presenting evidence, cross-examining witnesses, or speaking to anyone but the client during a hearing. Such restrictions, moreover, exist at a time of unprecedented pressure—from the federal government, the media, and social activists—on colleges to adjudicate quasi-criminal behavior, especially sexual misconduct, outside the due process protections of the criminal justice system.
A case involving a student at the University of California-Santa Barbara (UCSB) in October highlights the blatant injustice that can be done when a school denies the right to counsel. In 2015, a male student called “John Doe” in the proceedings was accused of sexual misconduct by a female student (“Jane Roe”). Both were intoxicated and happened to fall asleep on the same mattress.
(Excerpt) Read more at jamesgmartin.center ...
Funny how liberals think the constitution ceases on government property (colleges).
It’s a place of learning. Maybe if they were taught to tell the truth and be held accountable for their actions, they will have learned something.
Where the left is in control the Constitution does not apply. Good reason to keep the left out of power.
No it’s all about hamstringing white males and denying them their rights.
Here is an easy way for an innocent way for male student to put an end to these kangaroo court proceedings.
Go to a U.S District Court website and you can file a Civil Rights lawsuit. The site has a fill-in-the-blank lawsuit form for pro de litigants.
From there, it is not hard to get a restraining order, and demand discovery.
It’s probably not hard to get an attorney to get take the case on contingency because it is a slam dunk case and the college will have to pay damages plus attorney fees.
There are these special rules and exceptions for lib institutions —why?
Aside from this University silliness, why shouldn’t there be some ridiculous requirement for Hollywood ALSO, to have to cast a white girl for Beloved, or Roots..?
Affirmative action.
They make all these stupid rules, then they don’t have to follow them.
Why can’t there be an exclusive “Safe Space Dorm” for, uh...”Appalachians”..?
"Liberal" used not to refer to those in the throes of a Compulsion For Uniformity.
Liberals aren’t known for thinking only reacting snow flakes think everything is free.
Well, one thing is sure: if you in any way oppose Leftists when it comes to colleges you have the right / obligation to remain silent.
If a college student is accused of a crime, the police should be called, if there is probable cause the student should be arrested, arraigned, charged and tried in the normal manner, and if convicted should be sentenced by a judge.
A college has no business superseding normal legal processes.
There!
Fixed it.
FR: Never Accept the Premise of Your Opponent’s Argument
It is the anti-Trump, student-indoctrinating activist professors who are promoting unacceptable behavior in the first place imo.
The first thing that patriot students need to learn about the legal system to protect themselves from their activist professors is to get themselves up to speed with their 14th Amendment (14A) protections imo.
From the 14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
After getting a grip on their 14A protections the next to-do for patriot students is this. Students need to help elect a patriot Congress in the 2020 elections, a Congress that will actually do its 14A duty to make punitive laws that discourage state actors, activist professors and administrators in this case, from abridging their constitutionally enumerated protections, 1st Amendment-protected religious expression and free speech in particular.
Insights welcome.
Because that would deprive “educators” from their ability to remove people resistant to leftist indoctrination through the use of phony rape allegations
They do last I checked.
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