Skip to comments.Due Process for Sexual Assault Cases
Posted on 09/14/2018 7:51:13 AM PDT by reaganaut1
Universities now play cop, prosecutor, judge and jury in campus sexual-assault cases, often without allowing due process rights to the accused. The Sixth Circuit Court of Appeals last week issued an important rebuke to these Title IX proceedings that ought to become a national standard.
Since 2011 more than 300 accused students have sued over Title IX decisions. Doe v. Baum was brought by a former University of Michigan student accused of sexual assault. John Doe and Jane Roe, as the parties are identified, agreed theyd attended a party, had sex and that she vomited in a trash can. A few days later she told administrators she had been incapable of giving consent. John Doe disagreed, saying she didnt seem drunk and had consented.
The case illustrates how an accused students fate can dangle on a thread when universities employ a preponderance of evidence standard that requires a mere 50.01% likelihood of guilt. The University of Michigan conducted a three-month probe, interviewing 23 witnesses whose accounts varied. The investigator ruled in John Does favor.
His accuser appealed to a three-member Title IX panel that included a student, then-assistant law school dean David Baum, and a retired assistant professor from the dental school. They found John Doe responsible for sexual assault after two closed sessions (without considering new evidence or interviewing any students), wrote Judge Amul Thapar.
John Doe needed 13.5 credits to graduate, but the school told him he had to withdraw or be expelled. He left and sued, claiming administrators deprived him of the constitutional property right to his education without due process. Since the case relied on Title IX adjudicators judgment about whose witnesses were most credible, John Doe argued he should have been given the chance to cross-examine his accuser and other witnesses.
(Excerpt) Read more at wsj.com ...
Billy jean is not my lover, she’s just a girl that says that I am the one...
“Men and women should behave more responsibly in the first place.” Ah!But can they act responsibly?
Allowing unlimited underage drinking on campus is a real crime and the root cause of many of these complaints. Admin needs to crack down.
The new lie is that 24/100 women will be sexually assaulted by the time they graduate college. This figure is attached to the DNC talking points and pawned by Midterm candidates.
I'm currently reading Heather MacDonald's, The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture. While there are exceptions, universities have become hostile to American values.
There are only two ways to deal with this:
Is the full text WSJ article posted anywhere?
4 out of 5 dentist choose Brand X Toothpaste,too.
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