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Due Process for Sexual Assault Cases
Wall Street Journal ^ | September 13, 2018

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 they’d 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 didn’t seem drunk and had consented.

The case illustrates how an accused student’s 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 Doe’s 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 ...


TOPICS: Culture/Society; Editorial
KEYWORDS: collegerape; collegerate; dueprocess; education; rape; titleix
Casual sex under the influence of alcohol is bound to lead to accusations of rape when women have regrets. Men and women should behave more responsibly in the first place.
1 posted on 09/14/2018 7:51:13 AM PDT by reaganaut1
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To: reaganaut1

Billy jean is not my lover, she’s just a girl that says that I am the one...


2 posted on 09/14/2018 8:01:57 AM PDT by Brooklyn Attitude (The first step in ending the war on white people is to recognize it exists.)
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To: reaganaut1

“Men and women should behave more responsibly in the first place.” Ah!But can they act responsibly?


3 posted on 09/14/2018 8:02:30 AM PDT by the_daug
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To: the_daug

Allowing unlimited underage drinking on campus is a real crime and the root cause of many of these complaints. Admin needs to crack down.


4 posted on 09/14/2018 8:07:16 AM PDT by Oldexpat (C)
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To: reaganaut1

D@mned paywalls.


5 posted on 09/14/2018 8:11:59 AM PDT by Quality_Not_Quantity (Capitalists sign their checks on the front. Socialists sign theirs on the back.)
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To: reaganaut1

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.


6 posted on 09/14/2018 8:12:23 AM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: reaganaut1
While I agree, changes need to be made in how these cases are investigated and handled. Mrs. DeVos has begun that process, but it will likely require actual withdrawal of federal and state funding to force change or actual prosecution and conviction of civil rights violators.

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.

7 posted on 09/14/2018 8:19:45 AM PDT by PsyCon
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To: reaganaut1
Trouble is that the combination of alcohol + merely glimpsing or brushing against a woman's privates will cause many young men to think with the wrong head.

There are only two ways to deal with this:

  1. BEST: DON'T GET YOURSELF INTO SUCH SITUATIONS.
  2. OK: Pretend she is Hillary Clinton.

8 posted on 09/14/2018 3:23:15 PM PDT by Vigilanteman (ObaMao: Fake America, Fake Messiah, Fake Black man. How many fakes can you fit into one Zer0?)
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To: reaganaut1

Is the full text WSJ article posted anywhere?


9 posted on 09/16/2018 6:00:10 AM PDT by Jim Noble
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To: shanover

4 out of 5 dentist choose Brand X Toothpaste,too.


10 posted on 09/16/2018 6:10:10 AM PDT by Leep
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