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Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused
Reason ^ | Feb. 19, 2018 | Robby Soave|10:29 am

Posted on 02/20/2018 3:15:25 PM PST by nickcarraway

Supreme Court justice says the #MeToo movement is important, but so is due process.

Supreme Court Justice Ruth Bader Ginsburg thinks colleges and universities are violating the due process rights of students facing sexual misconduct charges.

The Atlantic's Jeffrey Rosen asked the Court's second-ever female justice for her thoughts on the #MeToo movement. Unsurprisingly, Ginsburg was happy about the increased public attention being paid to the problems of sexual harassment and gender-based inequality in the workplace. But she was also concerned about protecting the due process rights of the accused—particularly on college campuses:

Rosen: What about due process for the accused?

Ginsburg: Well, that must not be ignored and it goes beyond sexual harassment. The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There's been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that's one of the basic tenets of our system, as you know, everyone deserves a fair hearing.

Rosen: Are some of those criticisms of the college codes valid?

Ginsburg: Do I think they are? Yes.

Note that Ginsburg was asked about due process, but not campuses specifically. The fact that she immediately suggested college codes of conduct as an example of a policy that sometimes violates "the basic tenets of our system," says a great deal about the glaring unfairness of the modern approach to Title IX, the federal statute that requires universities to investigate sexual harassment and assault. And Ginsburg didn't just make note of the controversy; she explicitly said critics of the current procedures have a point.

One of those critics, Education Secretary Betsy DeVos, has rescinded some of the federal guidance that had contributed to the problem. A legacy of the Obama-era campus sexual misconduct, dictates the infamous 2011 "Dear Colleague" letter had instructed universities to follow sexual misconduct procedures that left little room for due process. The new administration withdrew this letter last September, though most universities have insisted that they will continue to operate as before.

This means that many students who are accused of misconduct will still face investigatory procedures that seem hopelessly biased against them. Accused students are routinely denied the right to confront their accusers, refused access to crucial information about the nature of the charges against them, and forced to prove their innocence to a single bureaucrat who gets to play judge, jury, executioner, lead detective, and prosecutor.

Defenders of what are commonly called "victim-centered" investigatory procedures say preventing rape is more important than obeying due process. But this is a false dichotomy, according to Ginsburg:

Rosen: I think people are hungry for your thoughts about how to balance the values of due process against the need for increased gender equality.

Ginsburg: It's not one or the other. It's both. We have a system of justice where people who are accused get due process, so it's just applying to this field what we have applied generally.

Students who were found responsible for sexual misconduct often sue their universities for violating their due process rights, and many of them have prevailed in court. If a campus sexual misconduct case adjudicated under the deficient standards ever made it all the way to the Supreme Court, it certainly sounds like Ginsburg would question whether the accused was given a meaningful opportunity to defend himself.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: betsydevos; college; crime; dueprocess; education; jeffreyrosen; metoo; ruthbaderginsburg; scotus; theatlantic; titleix; universities

1 posted on 02/20/2018 3:15:25 PM PST by nickcarraway
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To: nickcarraway

Title IX.

How ironic it will be when the next generation of females cannot e on womens’ sports teams b/c they are all populated with trannies.

And for me how funny.


2 posted on 02/20/2018 3:21:08 PM PST by freedumb2003 (obozo took 8 years to try to destroy us. Trump took 1 to rebuild us. MAGA!!)
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To: nickcarraway

Even a stopped clock...


3 posted on 02/20/2018 3:22:43 PM PST by Blue Collar Christian (We Arizonans need to get rid of McCain/Flake as all of us pray for Trump.)
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To: Blue Collar Christian

She has a face that would stop one . . . Big Ben


4 posted on 02/20/2018 3:24:56 PM PST by A_Former_Democrat (Another Islamic terrorist event, and no “outrage” from the “Muslim community”. Again)
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To: nickcarraway
This means that many students who are accused of misconduct will still face investigatory procedures that seem hopelessly biased against them.

Not true, because fathers won't allow their sons to be subjected to this. Fathers will unite and demand that their sons are given due process to ensure...

Oh, who am I kidding?

5 posted on 02/20/2018 3:29:46 PM PST by TwelveOfTwenty (Prayers for our country and President Trump)
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To: nickcarraway

Took a kid from a Christian family because the kid wanted to change sex or something and the parents said no.


6 posted on 02/20/2018 3:35:56 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: nickcarraway
People...male *and* female...are capable of making false accusations.Rape and molestation are serious accusations.When justified they demand action.When unjustified they cause *enormous* harm.
7 posted on 02/20/2018 3:39:31 PM PST by Gay State Conservative (Obama & Hillary: The Two Most Corrupt Politicians of My Lifetime.)
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To: nickcarraway

OK, I want to know: Who woke her up?


8 posted on 02/20/2018 3:40:31 PM PST by Michael.SF. (California: drive illegally, you lose your license, here illegally, they give you one.)
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To: freedumb2003

Holy CRAP!! She’s alive!?


9 posted on 02/20/2018 3:48:11 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: SgtHooper

She’s one of us.


10 posted on 02/20/2018 3:49:01 PM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: nickcarraway

I’d love to be a fly on the wall of RBG’s home.
The things she says about “white” people is probably, well, not surprising.


11 posted on 02/20/2018 3:53:08 PM PST by Original Lurker
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To: nickcarraway

She’s right.


12 posted on 02/20/2018 3:55:50 PM PST by Read Write Repeat
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To: nickcarraway

13 posted on 02/20/2018 4:43:28 PM PST by EinNYC
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To: nickcarraway
Many of these campus disciplinary actions are the result of draconian faculty kangaroo courts. They are frequently way worse than what Ginsburg is willing to admit. And they were mandated by the malignant Obama thugs.
14 posted on 02/20/2018 6:10:09 PM PST by hinckley buzzard
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To: freedumb2003

Hmm....
Title IX became 20 U.S.C. 1681.


(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:


I don’t see how any of the exceptions apply.

Based solely on 20 U.S.C. 1681(a), I don’t see how colleges can conduct a trial at all. Surely any trial would treat a man differently from a woman. It would have to be turned over to the local authorities.


15 posted on 02/20/2018 6:49:13 PM PST by scrabblehack
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To: EinNYC

Coldest day of the year here, wearing one of “your” sweatshirts. Thanks.

I like Ruthie’s glove.


16 posted on 02/20/2018 6:51:32 PM PST by Yaelle
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
The person who is accused has a right to defend herself or himself...
Himself, *****.


17 posted on 02/21/2018 9:30:35 AM PST by SunkenCiv (www.tapatalk.com/groups/godsgravesglyphs/, forum.darwincentral.org, www.gopbriefingroom.com)
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To: SkyDancer

Then the kid needs to be considered “prodigal” and released to the ravages of the world until the kid comes to the end of her or himself and realizes what a mess they’ve made of their lives....or they die if God decides not to show mercy. If the state wants to be responsible for the child, then let the blood of the child fall upon the state officials who participated in this monstrous evil!


18 posted on 02/21/2018 2:29:22 PM PST by mdmathis6 (Men and Devils can't out-"alinsksy" God! He knows where "all the bodies are buried!")
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