Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘star chamber’

… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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… Inside Academia – What Discipline ?? …

Posted by paulfromwloh on Thursday,February 20th,2014

.. I wanted to repost a blogpost from a favourite blog that I read , Legal Insurrection . I have been to college , and have 2 bachelor ‘ s degrees and a Master ‘ s in Business Administration . I have also been through the campus discipline system …

.. No , not on the receiving end of charges … I brought charges against a fellow student for misconduct . I was not entirely satisfied with the outcome , but I should not have been … At least the other fellow had a chance to defend himself . In cases like these , especially involving sexual assualt and / or rape allegations , the ” star chamber ” of college discipline can turn into a circus …

..[h/t — LegalInsurrection]..

.. [link] to the blogpost..

Prof. KC Johnson, best known for his investigative work regarding abysmal university and faculty handling of the Duke Lacrosse case, has a post at Minding the Campus regarding a disturbing appointment at Dartmouth, ‘Why Have a Hearing? Just Expel Him’:

“Why could we not expel a student based on an allegation?” That astonishing question was posed at a conference on how colleges respond to sexual assault issues by Amanda Childress, Sexual Assault Awareness Program coordinator at Dartmouth. According to Inside Higher Ed, Childress continued: “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.”

Give Childress credit for candor–even the campus spokespersons for increasing the number of guilty findings in campus tribunals usually aren’t so bald in their disdain for basic principles of due process.

Childress’ jarring remarks coincided with news that Dartmouth had promoted her, and given her additional power over the college’s sexual assault policies. Last Friday, the college announced that Childress will head the newly-created Center for Community Action and Prevention, which Childress said would “be the focal point on campus for Dartmouth’s sexual assault and violence prevention initiatives” and “drive the College’s mobilization efforts around preventing sexual violence and increasing the safety and well-being of all members of our community.” (All members, it seems, except students facing unsubstantiated allegations of sexual assault.) Incredibly, Dartmouth theater professor Paul Hackett suggested that despite Childress’ appointment, the college isn’t going far enough on the issue.

To reiterate: one of the nation’s elite colleges thinks it’s a good idea to enhance the power of a figure who wonders about the propriety of expelling possibly innocent students based solely on an allegation.

The victims of these ideologically-driven star chambers almost always are men.

Prof. Johnson notes a troubling case at Swarthmore, one in a long line of alleged campus witch hunts against men gone bad:

The Swarthmore lawsuit, first reported by Philadelphia, shares similar characteristics to suits filed against Vassar, St. Joe’s, and Xavier–but with one interesting twist. According to the filing, the accuser waited 19 months to file her charges (she never went to police or had a medical exam); the weakness of her case was such that even Swarthmore’s biased disciplinary system didn’t bring charges against the accused students. But two weeks after the Title IX complaints, Swarthmore reopened the case–and within less than a month, had completed its investigation, held a hearing, and completed the expulsion. The lawsuit alleges that Swarthmore failed to respect what passes for due process on the campus; the student’s attorney claims that Swarthmore didn’t give the student a right to respond in writing to the charges, among other things.

It’s time for universities to get out of the prosecution business.

Sexual assault is a crime. If a college student — female or male — believes she or he is the victim of sexual assault, the remedy should be filing a police complaint. Only at that point should a university even consider expulsion or other discipline, and not as punishment (until the criminal case is resolved) but exclusively for the protection of other students (as for any other violent crime) and only with a strong measure of due process.

Requiring the filing of a criminal complaint serves multiple purposes. Filing a false criminal complaint itself is a crime, so it increases the likelihood that the filing is in good faith (although it’s no guarantee). The filing of a criminal complaint then triggers a variety of procedural protections.

.. LEC here again — No matter whether it is a state – run or state – supported school , or a private institution , these young people need and deserve due process . These kind  of allegations can be ones that do significant damage to their lives , if not destroy them , in matter of fact …

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