Feminism

Federal Crackdown on Campus Speech Also Makes it Easier to Punish the Innocent

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According to 2013 rules, these young men would be executed by lethal injection. |||

Over at Newsday, Reason Contributing Editor Cathy Young takes a closer look at the appalling joint letter recently sent to the University of Montana by the Departments of Justice and Education:

While criticism of the letter has focused mostly on speech, it also raises disturbing issues of fairness for students accused of misconduct. The government has reaffirmed its position, first expressed in 2011, that campus disciplinary proceedings for reports of sexual offenses must use the lowest legal standard, "preponderance of the evidence": If those adjudicating the charge believe there is more than a 50-50 chance that it is true, they must find the accused guilty. Previously, most colleges used the higher standard of "clear and convincing evidence."

The guidelines also mandate proper training about sexual violence for college officials and student jurors who handle such complaints—which, in practice, often amounts to indoctrination in presumption of guilt. At Stanford University, such a training program has used materials stating that one should be "very, very cautious in accepting a man's claim that he has been wrongly accused." Sexual assault can shatter lives, no doubt. But so can wrongful accusations, and sometimes in acquaintance or dating situations telling the two apart is wrenchingly difficult. 

Whole thing here; link via InstaPundit.

I interviewed Foundation for Individual Rights in Education President Greg Lukianoff about these odious developments earlier this month:

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  1. If those adjudicating the charge believe there is more than a 50-50 chance that it is true, they must find the accused guilty.

    I can’t believe that university administrators are really all that upset over this new power dropped in their laps by threat of federal defunding.

    1. With great power, comes great capriciousness.

  2. In my life I have experienced 6 episodes where someone I knew well was accused of sexual/indecent assault or leveled the accusation.

    Four of those six were definitely false accusations, one I can’t form an opinion on one way or the other, and one was true.

    One of the false accusations almost went to trial and cost the guy a significant portion of his life savings.

    1. Women know this. Get a vindictive woman cross ways with you, and they know the system works in their favor.

    2. Saw it in the military. Women who know the system well will file the charge on a Friday afternoon to ensure that her ex spends the entire weekend locked up.

      No consequences at all for the woman when the rape examine / DNA test comes back completely negative.

  3. It is time for reasonable man control. All men should be put in jail at the onset of puberty and only released to work, under supervision of course, and then put back in their cage. If it prevents one rape it would be worth it.

  4. This administration is simply godawful on speech. Offensive speech is protected speech. Without some associated misconduct, the government shouldn’t be able to do very much about the merely offensive.

    Frankly, much of the law on workplace harassment runs afoul of speech rights, as well.

  5. It’s good to see brick ‘n mortar schools finding creative ways to stay competitive against their online counterparts.

  6. You see, tolerant people do not have to tolerate intolerance.

    The harsher the penalties are for intolerant speech, the more tolerant the environment.

    Only when intolerance is not tolerated can there be inclusiveness and equality.

    1. I made a macaroni picture at tolerance re-education camp last summer. It was not as much fun as it sounds like.

  7. None of this matters, because no women has ever made a false rape accusation.

    1. You know which other Democrats thought that women never made false rape accusations?

  8. If those adjudicating the charge believe there is more than a 50-50 chance that it is true, they must find the accused guilty.

    Actually proving your charges is an unreasonable burden. These people will grow up to be federal prosecutors.

    “No one is innocent.”

  9. The mandate applies to every college receiving federal funding?virtually every American institution of higher education nationwide, public or private.

    This should be reference every time Gingrich, or someone Republican with similar opinions, falls in love with public-private cooperation on projects.

  10. It then explicitly states that allegedly harassing expression need not even be offensive to an “objectively reasonable person of the same gender in the same situation”?if the listener takes offense to sexually related speech for any reason, no matter how irrationally or unreasonably, the speaker may be punished.

    The Dept of Education is exempt from this, I assume? Because, I find this speech of theirs offensive.

  11. The government has reaffirmed its position, first expressed in 2011, that campus disciplinary proceedings for reports of sexual offenses must use the lowest legal standard, “preponderance of the evidence”

    In a sane and just world, the staff of the Department of Education would be fleeing the building to escape the fires set by the angry mob.

  12. The only question I really have here is why the fuck are universities adjuducating anything in cases of actual criminal assault?

    1. My suspicion is that they just want to expel the student and blackball him from all other universities.

      If I were a woman and someone assaulted me, I would go to the police. Real police not those fake campus cops. I would file criminal charges, not submit a grievance to the campus ombudsman or Director of Interpersonal relations or whatever.

      What pisses me off most about policies like this is that it fails to treat rape as a crime, but as a mere administrative matter.

      1. If there is insufficient evidence for a prosecution, the school should take no action. Period. This was set up as an end-run around standards of evidence and the concept of ‘innocent until proven guilty’.

  13. I just made up a new meme and will drop it here, a good place to see if it virals: “Tyranny of the Femjority” or “Femmejority” or Femmajority”

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