Academia’s descent into perpetual hysteria and incipient tyranny is partly fueled by the fiction that 1 in 5 college students is sexually assaulted and that campuses require minute federal supervision to cure this. Encouraged by the government’s misuse of discredited social science (one survey supposedly proving this 1-in-5 fiction), colleges and universities are implementing unconstitutional procedures mandated by the government.
The 2006 Duke lacrosse rape case fit the narrative about campuses permeated by a “rape culture.” Except there was no rape. In 2014, the University of Virginia was convulsed by a magazine’s lurid report of a rape that buttressed the narrative that fraternities foment the sexual predation supposedly pandemic in “male supremacist” America. Except there was no rape. Now, Colorado State University at Pueblo has punished the supposed rapist of a woman who says she was not raped.
Grant Neal, a CSU Pueblo pre-med major and athlete, began a relationship with Jane Doe (as identified in Neal’s lawsuit), although she, as a student in the Athletic Training Program, was not supposed to fraternize with athletes. Jane Doe texted an invitation to Neal to come to her apartment. The following is from Neal’s complaint against CSU Pueblo:
“As the intimacy progressed, knowing that they both wanted to engage in sexual intercourse, Jane Doe advised Plaintiff that she was not on birth control. Accordingly, Plaintiff asked if he should put on a condom. Jane Doe clearly and unequivocally responded ‘yes.’ . . . They proceeded to engage in consensual sexual intercourse, during which Jane Doe . . . demonstrated her enjoyment both verbally and non-verbally.”
The next day, one of Jane Doe’s classmates, who neither witnessed nor was told of any assault, noticed a hickey on the woman’s neck. Assuming an assault must have happened, the classmate told school officials that an assault had occurred. Jane Doe told school officials the sex was consensual: “I’m fine and I wasn’t raped.” Neal’s lawsuit says she told an administrator: “Our stories are the same and he’s a good guy. He’s not a rapist, he’s not a criminal, it’s not even worth any of this hoopla!” Neal recorded on his cellphone Jane Doe saying that nothing improper had transpired, and soon the two again had intercourse.
Undeterred, CSU Pueblo mixed hearsay evidence with multiple due process violations, thereby ruining a young man’s present (he has been suspended from the school for as long as Jane Doe is there) and blighting his future (his prospects for admission to another school are bleak).
Title IX of the Education Amendments enacted in 1972 merely says no person at an institution receiving federal funds shall be subjected to discrimination on the basis of sex. From this the government has concocted a right to micromanage schools’ disciplinary procedures, mandating obvious violations of due process.
In 2011, the Education Department’s civil rights office sent “dear colleague” letters to schools directing them to convict accused persons on a mere “preponderance” of evidence rather than “clear and convincing” evidence. Schools were instructed to not allow accused students to cross-examine their accusers, but to allow accusers to appeal not-guilty verdicts, a form of double jeopardy.
Although a “dear colleague” letter is supposedly a mere “guidance document,” it employs the word “must” in effectively mandating policies. While purporting to just “interpret” Title IX, these letters shred constitutional guarantees. And the letters evade the legal requirement that such significant rulemaking must be subject to comment hearings open to a properly notified public. Even were CSU Pueblo inclined to resist such dictates — academic administrators nowadays are frequently supine when challenged — it would risk a costly investigation and the potential loss of the 11 percent of its budget that comes from Washington.
The Chronicle of Higher Education says the case raises this “intriguing” question: “What responsibility does a college have to move ahead with a third-party complaint if the supposed victim says she consented?” This question, which in a calmer time would have a self-evident answer, will be explored in Neal’s lawsuit. It should reveal what the school thought of Jane Doe’s statement exculpating Neal, who says a school official “brushed off” the recording and said that Jane Doe said what she said “just because she was scared of you.” Neal’s lawyer says he suspects that Jane Doe might now be intimating something “inappropriate” and is perhaps scared of losing her place in the Athletic Training Program.
CSU Pueblo should be scared of joining those schools that have lost lawsuits filed by students denied due process. Such suits are remedial education for educators ignorant of constitutional guarantees.
Source
Several distinguished law professors have spoken up protesting "Dear Colleague". "Dear Colleague" has its critics in the Senate. Senator Lamar Alexander and Senator James Lankford are not big fans of "Dear Colleague" so let's let them know. Demand that Catherine Lhamon be brought up on criminal charges.
Showing posts with label duke lacrosse boys. Show all posts
Showing posts with label duke lacrosse boys. Show all posts
Tuesday, May 17, 2016
Tuesday, May 27, 2014
Feminism: the real terrorist group
Because of the Elliot Rodger tragedy feminists are trying to label the men's rights movement a terrorist group. Really. Let's take a look at who the real terrorists are:
If were going to equate terrorism with hatred then we can see that feminists are the true terrorists.
Let's see some more videos:
Violence by feminists is nothing new. In fact it started with suffragettes and is still used to this day. Let's not forget the Bobbitt case where NOW condoned what Lorena Bobbitt did to her husband. Fast forward a few years to the crimes of Katherine Kieu Becker and the jokes made about her husband whom she maliciously wounded. We can see whom the real terrorists are and they are feminists.
If were going to equate terrorism with hatred then we can see that feminists are the true terrorists.
Let's see some more videos:
Violence by feminists is nothing new. In fact it started with suffragettes and is still used to this day. Let's not forget the Bobbitt case where NOW condoned what Lorena Bobbitt did to her husband. Fast forward a few years to the crimes of Katherine Kieu Becker and the jokes made about her husband whom she maliciously wounded. We can see whom the real terrorists are and they are feminists.
Thursday, May 15, 2014
Swathmore violates its own rules to persecute men
On College Campuses, a Presumption of Guilt
By Peter Berkowitz - February 28, 2014
SWARTHMORE, Pa. -- On Feb. 22, in celebration of its sesquicentennial, Swarthmore College proudly hosted “The Liberal Arts in Action: A Symposium on the Future of Liberal Arts.”
In what seemed an unrelated event, a month before, a former Swarthmore student expelled by the college in the summer of 2013 filed a lawsuit in federal court of the eastern district of Pennsylvania. The student, identified as “John Doe,” was found guilty under campus disciplinary procedures of sexual misconduct. (Pseudonyms were used to protect both the accused and the accuser.) His legal complaint alleges that Swarthmore “failed to follow its own policies and procedural safeguards” and violated his “basic due process and equal protection rights.”
The litigation was not mentioned at the high-minded, if self-congratulatory, afternoon symposium. Yet the future of liberal education is closely connected to John Doe’s assertion that in the course of expelling him Swarthmore trampled on fair process—and to the willingness of the federal judiciary to examine it.
Liberal education is the culmination of an education for freedom. Among its crucial components are the offering of a solid core curriculum, the promotion of liberty of thought and discussion, and the cultivation of intellectual diversity.
Another vital feature of liberal education consists of fostering an appreciation of the principles of due process. They are principles free societies have developed over the centuries to adjudicate controversies, establish guilt, and mete out punishment in ways that justly balance the rights of those who claim they have been wronged with the rights of those who have been accused of wrongdoing.
In cases involving serious accusations, due process requires a presumption of innocence, settled rules and laws, timely notice of charges, adequate opportunity to prepare a defense, the chance for the accused to question the accuser, and an impartial judge and jury.
Although college disciplinary procedures have been roiling campuses for decades, none of this was discussed at the Swarthmore symposium. Instead, the keynote address, “The Role of the Arts in Liberal Arts Education”—delivered by Mary Schmidt Campbell, Swarthmore class of ’69 and dean of the Tisch School of the Arts at New York University—as well as the subsequent panel discussion on “The Future of Knowledge” and the concluding panel on “Fostering a Democratic Society Through Education,” were of a piece.
The speakers—Swarthmore graduates who have risen to prominence in the world of college and university administration—properly praised the importance to liberal education of certain skills: questioning effectively; thinking critically; weighing evidence and analyzing arguments; solving problems; seeing things from a multiplicity of perspectives; taking the initiative; innovating and creating; collaborating; and working across interdisciplinary boundaries.
Yet with the notable exception of Tori Haring-Smith, president of Washington & Jefferson College, who spoke compellingly about the vigorous measures adopted by her institution to teach students the importance of listening to opinions different from their own and of learning to live with the people who hold them, the panelists spoke as if our liberal arts colleges are doing a bang-up job. The only question they raised was how to extend to broader segments of the nation the lessons of freedom and democracy that Swarthmore is purportedly already teaching so well to its own students.
John Doe’s lawsuit gives a different impression of the school’s commitment to the principles of freedom. He contends that 19 months after three separate consensual sexual encounters—a kiss, sexual conduct not including sexual intercourse, and sexual intercourse—a fellow student reported to Swarthmore the first two and claimed she had been coerced. The accuser, according to the complaint, “offered no physical or medical evidence, and no police or campus safety reports.” After a two-month long investigation, Swarthmore appeared to conclude the matter without taking disciplinary action.
Approximately four months later, according to John Doe, Swarthmore suddenly re-opened the case against him. The college did this, he maintains, in response to public accusations—including a complaint filed with the U.S. Department of Education by two Swarthmore female undergraduates—that the school mishandled a number of sexual misconduct cases. And John Doe asserts that in the second round of hearings, which culminated with his expulsion based on a finding that he had merely “more likely than not” committed sexual misconduct, Swarthmore repeatedly and egregiously violated its own rules for disciplinary procedures explicitly set forth in the official student handbook.
John Doe’s lawsuit presents one of the nation’s finest small liberal arts colleges acting in haste and panic, railroading a young man in order to convince the public and the federal government that it had, in the words of Swarthmore President Rebecca Chopp, “zero tolerance for sexual assault, abuse and violence on our campus.”
Swarthmore, for its part, has filed a motion to have the John Doe complaint dismissed. “The College believes that the suit is without merit and will vigorously defend the litigation,” Swarthmore’s attorney Michael Baughman said in a written statement. “The College is committed, and always has been committed, to providing all students with a fair process of adjudication in student conduct proceedings.”
A trial court will determine the merits of John Doe’s allegations, but in light of the sorry condition of due process at our colleges and universities, the charges against Swarthmore are plausible.
For example, in 2006, the Duke faculty and administration were quick to treat as guilty three lacrosse players accused of rape by a black woman whom their fraternity had hired as an exotic dancer. After a year-long investigation, the North Carolina attorney general dropped all charges and took the remarkable step of pronouncing the accused players innocent.
In 2010, a campus tribunal found University of North Dakota student Caleb Warner guilty of sexual assault. The Grand Forks police department investigated the case and not only declined to charge Warner but charged his accuser with making a false report. Nevertheless, the university refused to reconsider its verdict. Only when the Foundation for Individual Rights in Education stepped in a year and half later was the school impelled to revisit the case and eventually overturn the judgment.
Just a few weeks ago, Dartmouth Sexual Abuse Awareness coordinator Amanda Childress asked at a University of Virginia conference on campus sexual misconduct, “Why could we not expel a student based on an allegation?” To clarify where she stood on the question, Childress went on to say, “It seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege.”
Safety, however, is not a right. It is a goal. Due process is a right. Moreover, history has shown that honoring it is the best way over the long run to achieve the greatest amount of safety and security for all.
John Doe’s account of his encounter with Swarthmore disciplinary procedures suggests the invidious effects of Ms. Childress’s reasoning—and of allowing the verdicts of pseudo-judicial proceedings to stand without legal review. An honors student in high school (with an excellent record in college) who chose Swarthmore over other elite schools because his parents met and married there, Doe is now effectively blackballed from higher education. He had completed his junior year when the school abruptly ordered the second investigation. After being expelled, he inquired about admission to some 300 colleges, all of which told him that Swarthmore’s verdict rendered him ineligible for transfer to their school. Of the 19 colleges that didn’t have such bright-line rules, 18 required disclosure. Only one of those accepted him—and required him to enroll as a junior.
This case occurs in a context in which our colleges and universities have aggressively eroded due process protections for those accused of sexual harassment and sexual assault. Over and over, colleges and universities have transformed disciplinary procedures into kangaroo courts that appear to operate on the assumption that an accusation creates a presumption of guilt and the burden is on the accused to prove his innocence. Due process is equally offended, it should not be necessary to add, when universities cover up for star athletes accused of sexual misconduct.
For the sake of genuinely liberal education, faculty and administrators must get out of the business of investigating the most serious forms of sexual misconduct, particularly sexual assault. Professors and university officials must be educated to recognize their woeful lack of the expertise necessary to properly gather and analyze evidence, establish guilt, and ensure fairness for the accuser and the accused. And they should be taught to promptly advise all students who believe they have been sexually assaulted to report their allegations to the police.
And as an indispensable element of their obligation to teach the principles of freedom, colleges and universities must be persuaded to restore to disciplinary procedures that they rightly conduct the presumption of innocence—a cornerstone of justice—and all the ancillary protections that follow from it.
Source
By Peter Berkowitz - February 28, 2014
SWARTHMORE, Pa. -- On Feb. 22, in celebration of its sesquicentennial, Swarthmore College proudly hosted “The Liberal Arts in Action: A Symposium on the Future of Liberal Arts.”
In what seemed an unrelated event, a month before, a former Swarthmore student expelled by the college in the summer of 2013 filed a lawsuit in federal court of the eastern district of Pennsylvania. The student, identified as “John Doe,” was found guilty under campus disciplinary procedures of sexual misconduct. (Pseudonyms were used to protect both the accused and the accuser.) His legal complaint alleges that Swarthmore “failed to follow its own policies and procedural safeguards” and violated his “basic due process and equal protection rights.”
The litigation was not mentioned at the high-minded, if self-congratulatory, afternoon symposium. Yet the future of liberal education is closely connected to John Doe’s assertion that in the course of expelling him Swarthmore trampled on fair process—and to the willingness of the federal judiciary to examine it.
Liberal education is the culmination of an education for freedom. Among its crucial components are the offering of a solid core curriculum, the promotion of liberty of thought and discussion, and the cultivation of intellectual diversity.
Another vital feature of liberal education consists of fostering an appreciation of the principles of due process. They are principles free societies have developed over the centuries to adjudicate controversies, establish guilt, and mete out punishment in ways that justly balance the rights of those who claim they have been wronged with the rights of those who have been accused of wrongdoing.
In cases involving serious accusations, due process requires a presumption of innocence, settled rules and laws, timely notice of charges, adequate opportunity to prepare a defense, the chance for the accused to question the accuser, and an impartial judge and jury.
Although college disciplinary procedures have been roiling campuses for decades, none of this was discussed at the Swarthmore symposium. Instead, the keynote address, “The Role of the Arts in Liberal Arts Education”—delivered by Mary Schmidt Campbell, Swarthmore class of ’69 and dean of the Tisch School of the Arts at New York University—as well as the subsequent panel discussion on “The Future of Knowledge” and the concluding panel on “Fostering a Democratic Society Through Education,” were of a piece.
The speakers—Swarthmore graduates who have risen to prominence in the world of college and university administration—properly praised the importance to liberal education of certain skills: questioning effectively; thinking critically; weighing evidence and analyzing arguments; solving problems; seeing things from a multiplicity of perspectives; taking the initiative; innovating and creating; collaborating; and working across interdisciplinary boundaries.
Yet with the notable exception of Tori Haring-Smith, president of Washington & Jefferson College, who spoke compellingly about the vigorous measures adopted by her institution to teach students the importance of listening to opinions different from their own and of learning to live with the people who hold them, the panelists spoke as if our liberal arts colleges are doing a bang-up job. The only question they raised was how to extend to broader segments of the nation the lessons of freedom and democracy that Swarthmore is purportedly already teaching so well to its own students.
John Doe’s lawsuit gives a different impression of the school’s commitment to the principles of freedom. He contends that 19 months after three separate consensual sexual encounters—a kiss, sexual conduct not including sexual intercourse, and sexual intercourse—a fellow student reported to Swarthmore the first two and claimed she had been coerced. The accuser, according to the complaint, “offered no physical or medical evidence, and no police or campus safety reports.” After a two-month long investigation, Swarthmore appeared to conclude the matter without taking disciplinary action.
Approximately four months later, according to John Doe, Swarthmore suddenly re-opened the case against him. The college did this, he maintains, in response to public accusations—including a complaint filed with the U.S. Department of Education by two Swarthmore female undergraduates—that the school mishandled a number of sexual misconduct cases. And John Doe asserts that in the second round of hearings, which culminated with his expulsion based on a finding that he had merely “more likely than not” committed sexual misconduct, Swarthmore repeatedly and egregiously violated its own rules for disciplinary procedures explicitly set forth in the official student handbook.
John Doe’s lawsuit presents one of the nation’s finest small liberal arts colleges acting in haste and panic, railroading a young man in order to convince the public and the federal government that it had, in the words of Swarthmore President Rebecca Chopp, “zero tolerance for sexual assault, abuse and violence on our campus.”
Swarthmore, for its part, has filed a motion to have the John Doe complaint dismissed. “The College believes that the suit is without merit and will vigorously defend the litigation,” Swarthmore’s attorney Michael Baughman said in a written statement. “The College is committed, and always has been committed, to providing all students with a fair process of adjudication in student conduct proceedings.”
A trial court will determine the merits of John Doe’s allegations, but in light of the sorry condition of due process at our colleges and universities, the charges against Swarthmore are plausible.
For example, in 2006, the Duke faculty and administration were quick to treat as guilty three lacrosse players accused of rape by a black woman whom their fraternity had hired as an exotic dancer. After a year-long investigation, the North Carolina attorney general dropped all charges and took the remarkable step of pronouncing the accused players innocent.
In 2010, a campus tribunal found University of North Dakota student Caleb Warner guilty of sexual assault. The Grand Forks police department investigated the case and not only declined to charge Warner but charged his accuser with making a false report. Nevertheless, the university refused to reconsider its verdict. Only when the Foundation for Individual Rights in Education stepped in a year and half later was the school impelled to revisit the case and eventually overturn the judgment.
Just a few weeks ago, Dartmouth Sexual Abuse Awareness coordinator Amanda Childress asked at a University of Virginia conference on campus sexual misconduct, “Why could we not expel a student based on an allegation?” To clarify where she stood on the question, Childress went on to say, “It seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege.”
Safety, however, is not a right. It is a goal. Due process is a right. Moreover, history has shown that honoring it is the best way over the long run to achieve the greatest amount of safety and security for all.
John Doe’s account of his encounter with Swarthmore disciplinary procedures suggests the invidious effects of Ms. Childress’s reasoning—and of allowing the verdicts of pseudo-judicial proceedings to stand without legal review. An honors student in high school (with an excellent record in college) who chose Swarthmore over other elite schools because his parents met and married there, Doe is now effectively blackballed from higher education. He had completed his junior year when the school abruptly ordered the second investigation. After being expelled, he inquired about admission to some 300 colleges, all of which told him that Swarthmore’s verdict rendered him ineligible for transfer to their school. Of the 19 colleges that didn’t have such bright-line rules, 18 required disclosure. Only one of those accepted him—and required him to enroll as a junior.
This case occurs in a context in which our colleges and universities have aggressively eroded due process protections for those accused of sexual harassment and sexual assault. Over and over, colleges and universities have transformed disciplinary procedures into kangaroo courts that appear to operate on the assumption that an accusation creates a presumption of guilt and the burden is on the accused to prove his innocence. Due process is equally offended, it should not be necessary to add, when universities cover up for star athletes accused of sexual misconduct.
For the sake of genuinely liberal education, faculty and administrators must get out of the business of investigating the most serious forms of sexual misconduct, particularly sexual assault. Professors and university officials must be educated to recognize their woeful lack of the expertise necessary to properly gather and analyze evidence, establish guilt, and ensure fairness for the accuser and the accused. And they should be taught to promptly advise all students who believe they have been sexually assaulted to report their allegations to the police.
And as an indispensable element of their obligation to teach the principles of freedom, colleges and universities must be persuaded to restore to disciplinary procedures that they rightly conduct the presumption of innocence—a cornerstone of justice—and all the ancillary protections that follow from it.
Source
Saturday, December 7, 2013
Misandric witchhunt led by Geraldo Rivera
Geraldo has stooped to a new low. He is trying to get Jameis Winston thrown in prison to satisfy his perverse sense of chivalry. He touched on it briefly on O'Reilly last night (see preceeding post) but on his show tonight he devoted 38 minutes to the topic. He interviewed Winston's attorney who not only presented the facts as outlined by the prosecutorial team that investigated the case but he also refuted the lies Geraldo was spewing. He even told Geraldo that he is not entitled to his own facts. But in Geraldo's world his opinions are facts. Next he had a panel discussion which featured a male defense attorney,whom Geraldo was very rude to. Feminist prosecutor Wendy Murphy,some airhead from Take Back The Night and an alledged rape victim. Geraldo and Murphy were the lead inquisitors in vehemetly making unfounded accusations against Winston. Both were very rude to this male defense attorney who is trying to make sense of this situation. Murphy comes off a self righteous cunt I would love to see her get locked up and see how she reacts. I'll bet she freaks out royally. Anti-male zealots are the reason that a lot of young men have their lives turned upside down,from Brian Banks to the Duke lacrosse boys. Asshats like Geraldo don't care if someone gets hurt because of them. All that matters is that they get ratings.
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