Skip to comments.Betsy DeVos Strikes a Blow for the Constitution
Posted on 11/16/2018 12:21:46 PM PST by reaganaut1
The Department of Education has issued its long-awaited proposed regulations reforming sexual-assault adjudications on college campus. Not only will these rules restore basic due process and fairness to college tribunals, but they also given how basic the changes are highlight just how ridiculous university kangaroo courts have become.
First and perhaps most important, the rules will not only require colleges to permit cross-examination of witnesses (including the accuser), but will also prohibit universities from relying on the statements of any witness who refuses to submit to cross-examination.
Cross-examination is so fundamental to adversary proceedings that its is simply incredible that some universities have been prosecuting and expelling students without permitting the accuseds representative to question his accuser. Prohibiting cross-examination irrevocably stacks the deck against the accused. The Supreme Court has rightly called cross-examination the greatest legal engine ever invented for discovery of the truth.
But you dont have to trust SCOTUS; the importance of cross-examination is among the most ancient of legal principles. Consider Proverbs 18:17: In a lawsuit the first to speak seems right, until someone comes forward to cross-examine.
Interestingly, however, the proposed rules prohibit the accused himself from cross-examining the accuser instead requiring that questioning come from an advisor. While some complain this limits the rights of the accused, as a practical matter advisers (attorneys, for example) are far better equipped to cross-examine witnesses than are undergraduates or young graduate students.
In addition to mandating cross-examination, the proposed rules grant both parties equal opportunity to inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint.
(Excerpt) Read more at nationalreview.com ...
Colleges should have NO role in investigating sexual assault. The local police jurisdiction and courts are more than adequate.
Where the local police often fail is in modern PC defined sexual assault. Drunk college whores feeling guilty or angry later isn’t rape. You have to have university tribunals to prosecute that way.
“Interestingly, however, the proposed rules prohibit the accused himself from cross-examining the accuser instead requiring that questioning come from an advisor. While some complain this limits the rights of the accused, as a practical matter advisers (attorneys, for example) are far better equipped to cross-examine witnesses than are undergraduates or young graduate students.”
How is this dumbass Betsy DeVos “striking a blow for the constitution”? The right to confront witnesses is a FUNDAMENTAL constitutional right.
This should have been done a year and a half ago.
To add teeth, make it clear to university administrators that they WILL comply or ALL FEDERAL FUNDING will be cut off - that includes student loans. Oh...and make it clear this takes place with immediate effect.
Can we try them out on Christine Boozey-Ford?
Not far enough.
Colleges should be prohibited BY LAW from adjudicating anything on their own that is covered by the laws of the state wherein the college resides, in any manner regarding sexual abuse or harrassment charges, and in any other matter of a sexual or harrasment charge that can be adjudicated in the civil courts of a state. It is to police, prosecutors and courts that all matters that might be a breach of the law must be sent, and beyond that students have access to the civil courts as does any sense. Colleges should be prohibited from taking any actions against anyone, unless a matter has gone to local law enforcement and proceded therefrom with a legal fiding of guilt by anyone; or until a matter has gone to a civil court and a complainant has succeded against a defendent.
I have this really cool idea. How about when crimes are committed with college students, the crimes are prosecuted in the jurisdiction of the crime? You know, like us regular people?
The ONLY reason universities want to keep their crimes on campus, ruled by university rules, is to keep their crime statistics separate from the surrounding jurisdictions. This allows the school to hide the actual number of crimes. Gotta keep the parents and alums happy, don’t you know.
Another bad hire
You need foaming-at-the-mouth lunatic Leftists to obtain University “Justice.”
What a moron.
Some stands up for Good and idiots attack her for it, unreal.
I believe she had to wait for the Supreme court and then midterms. At least that’s how it looks to me.
Why is the federal government involved in state issues?
I wish Betsy would spend part of her time getting rid of Common Core. That program will be the death of American Education if it isn’t stopped dead.
1000% agree. It's absurd.
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