Discussion: DeVos Proposes More Protections For Students Accused Of Sexual Misconduct

What is a wrong with this wicked chic? Has she been screaming to be raped or sexually assaulted? I don’t understand her sick twisted rationale in making these corrupt rules and policies!
This bitch must go!

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Betsy DeVos: Wealthy, in a position of authority, and stupid. A toxic combination.

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The plan would narrow the definition of sexual harassment and allow
students accused of misconduct to cross-examine accusers in campus
hearings.

I had to read that twice to believe it.

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And when I read that sentence a second time, all I could think was a very sad and long “wow”.

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The plan would narrow the definition of sexual harassment and allow students accused of misconduct to cross-examine accusers in campus hearings.

Rape is a criminal offense. Why the hell aren't women filing charges with the local police department, with the prosecutor tasked with investigating, and cross examinations occuring in the forum of a criminal trial? A defendant wouldn't get to cross examine the accuser, save those that chose to represent themselves at trial I suppose.

I guess I fail to understand how the schools have a choice, or the accused, in what police department takes the lead, or is responsible for, investigating a criminal act. Are college campuses a separate legal zone of responsibility within an area covered by a city, county or state police entity?

Can't a woman say "I don't want the State U police involved with this, I don't trust their judgment, their techniques, and I suspect they're biased and may default to sweeping crimes under the rug to protect the university. I want this looked into by the city police"?

Why stop with sexual misconduct? Let’s just move on to plain old nonsexual violence, theft, arson, and parking tickets.

Once you realize that Trump has a criminal mind all of this makes sense. He puts the “wrong” people in office to cause the maximum amount of misery and confusion possible. It’s entertainment for him, and at the end of the day he laughs himself to sleep thinking of the rubes he’s conned.

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Let’s call it “The Brett Kavanaugh Clause”…

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Shorter Betsy: We must protect the gropers and the rapists. It’s the Christian thing to do.

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Can we get her out of office before these take effect?

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Because sexual misconduct doesn’t just mean rape. It can mean persistent harassment, by one or more students.
As for not going to the police their rate of investigating and prosecuting these types of sexual misconduct is low.

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Oddly enough, this move to put the full panoply of the justice system into university proceedings doesn’t include giving universities the right to lock someone up for years.

I would think that a conservative would be against the government micromanaging a private institution’s right to decide whom it will do business with, but silly me.

And yeah, the substance of the new rules is disastrous as usual. I’ve been at the periphery of a few university disciplinary cases (including one sexual harassment scandal), and the main thing thing would do is discourage victims from coming forward. Especially if the standard is (yes, I’m paraphrasing a little, but it’s the way the rule would be applied) that you only win if the perp has effectively denied you an education.

(Oh, and now that I think about it, a bunch of the behavior in several cases I knew about was at off campus apartments, so that would have been excluded from the complaints…)

Nevertheless, what business does some 18 year old testosterone poisoned twerp have cross examining an (alleged) rape victim, in front of school officials and others? The same lack of decorum, introspecton, impulse control and overall level of morality that (allegedly) led them to commit the assault will certainly manifest itself in the questions they pose. It’s just an opportunity to futher debase and abuse the victim. WTF?

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I’m upset with that decision too.
I believe the reasons for the Obama rules was because school administrations weren’t taking the reports seriously-especially if they involved members of the school’s football team.

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OK- I’m going to offer an unpopular opinion. Some of what DeVos is suggesting isn’t wrong. There IS a lack of due process in how title IX is enforced. And to be clear- I believe what they are saying is not that the accused has the right to cross examine the accuser but that someone representing them does. It is unacceptable to set up an extra judicial system where allegations are made and the individual accused does not have the right to hear all the allegations, look at the evidence, and defend themselves.
I am a University professor and I have found the Obama regulations policy deeply troubling. I am deeply uncomfortable with asking professors/administrators to take on the role of law enforcement and the judicial system. We are not trained for this. Furthermore, there are both institutional and political pressures that may affect the decision-making of faculty (and these can cut both ways). These pressures will naturally compromise the integrity of the process. I understand how we got here- in that the legal system is terrible when it comes to sexual assault/rape. However, the result is a system that lacks safeguards and basic principles of fairness and that can result in not insignificant consequences for those accused. It should not be controversial to assert that in a proceeding the person being accused should have the presumption of innocence. That is a bedrock principle. And do NOT tell me that presumption is only relevant in criminal proceedings.It is a basic principle of fairness. If you were dismissed from your job because someone accused you of misconduct, you would want there to be a process by which you could prove your innocence and not have the default assumption be that you are guilty.
Due process is important and the Obama rules sorely lacked that. We need a process that is fair. Clearly, the judicial (and political) system has not been fair to victims. We must address that. However, seeking to rectify that injustice by taking away the rights of the accused in another venue is not the way to go about creating a fair and just system.

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I have learned many lessons from this administration.
One of which is my erroneous thinking on who the true victims of sexual assault are.

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That’s because it was reported incorrectly.

DeVos’s plan isn’t to allow students accused of misconduct to cross-examine accusers. Her plan is to allow students accused of misconduct to caress-examine their accusers.

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Thank GOD Devos is doing this. The shocking cases of men railroaded by false testimony are very large. Many of them are black, many are athletes.

Men who are accused are innocent until proven guilty. And the rush to judgement that is the heart of the #metoo witch hunt is destroying the lives of men.

It’s shocking to read the moronic bleating here. There are MANY false accusations.

Both accused and accuser need a fair process. The Obama rules GROTESQUELY tilted the table in favor of the accuser. In the Obama universe, the first to make the accusation had the weight of the assumption of the situation - and the accused had to prove their innocence. That is wrong.

I agree with you. I too have been a university professor. I have sat in judgement of students in an area that I know well - their performance on examinations. In that area, I felt completely comfortable, since I had made up the tests, and knew that the answers from Test Form A could not possibly have gotten onto Test Form B without a cheating action. But I would never consider myself qualified to sit in judgement of the actions of a young man and woman, usually drunk or drugged, and in some cases many months after the action, with no physical evidence, with just the statements of “he-said-she-said”.

Sometimes bad sex is bad sex, and is a teaching moment. Self-teaching. Sometimes the lessons you learn in an intimate moment are that you should not get into those situations again. And sometimes it is rape. But university professors are not qualified to make that decision.

In many of the cases of false accusation, the men are expelled. Later, when the accusation if shown to be false, they are NOT re-admitted to the same university. In fact, they have trouble getting into any university. EVEN THOUGH THE ACCUSATION WAS FALSE.

For many of these young men, this pretty much washes up a promising future.

So, enough of the crap about “women are unfairly treated”… Everyone should be treated fairly, with the presumption of innocence. If you want to learn more about this, look for the writings of Emily Yoffe, once Dear Prudence.

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It’s not called the Guardians Of Predators for nothin’.

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