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Is it reasonable for colleges and universities to be the sole investigative and adjudicative bodies for claims of sexual assault made by students?
In recent months, there have been several high profile instances in which sexual assault accusations have been made by one college student against another. These accusations are rarely reported to the police, so the legal system is bypassed. The Department of Education has, for all practical purposes, demanded that colleges and universities act as both the investigators of the claim, and as the authority which judges the relative strength of the two competing stories.
The academicians who participate are not trained investigators, nor do they apply the standard burdens of proof promised a defendant in the American criminal justice system. In fact, those involved in the process often have very strong political and social biases. Further, the schools have an inherent conflict of interest due the their receipt of federal funding.
While the resulting penalties delivered to the accused don't involve incarceration, they do involve discipline which can cost that individual tens of thousands of dollars wasted on tuition, as well as a lifetime of hardship brought on by their inability to finish their education. Often, other schools will refuse to accept them as students because of the previous school's findings against them.
I'm not looking for a debate on the legitimacy of any specific case, but in a more in-depth sense, I'm looking at the following types of sub-questions:
--Is this an appropriate utilization if Title IX legislation?
--Are educators and administrators capable of a thorough and unbiased investigation of all claims?
--Is the diminished burden of proof fair considering the potential damage to the accused?
--Does the process provide a just resolution for the accuser?
--Is it appropriate for these institutions to involve themselves in the personal sexual lives of adult students?
--Is it ethical for these institutions to be the sole authority in addressing an act which is almost universally considered to be among the most heinous of all violent criminal behaviors.
--Does the publicity and political controversy surrounding these cases damage our ability to take the issue of sexual assault as seriously as we should?
Here are a couple of good articles relating directly to this issue. Both of these writers have been historically supportive of feminist issues:
The first is an article written by Emily Yoffe (better known as "Dear Prudence"). This is an extremely well researched article which cites its sources and retains a lack of bias. Sabrina Rubin Erdely and Rolling Stone magazine should note the lesson in real journalism provided by Ms. Yoffe.
The second article is a bit more academic. It is written by Janet Halley, a law professor at Harvard. Halley is actually one of those who have participated in sexual misconduct hearings at her school.
To answer the first line, absolutely not. They need to let the police do their job. Most college rape statistics are completely false and warped to the feminist agenda.
Assuming that all of the rape accusations are completely true:
Academic institutions should not be involved in the investigation and/or mediation of anything involving the claims.
When enough evidence warrants a rape claim to be taken seriously, then the police need to be involved from that point forward.
Allowing colleges to get involved in rape investigations creates a double standard in the sense that:
Case study 01: A guy that is a full time student, living off his parents and/or free government grants, financial aid and government loans that just happens to be 'studying' at a college and engages in what might be non-consensual sex with a female partner - is looked at subjectively by the college that attempts to investigate the 'crime' when in reality, if a crime had been committed in any other area of life (outside of college), then the individual accused of the crime (rape) would be dealing with the police, detectives and eventually a prosecutor.
vs.
Case study 02: Non-college guy that is out in the world working (and paying taxes to support state universities) engages in non-consensual sex with a female that he knows and/or is dating. That particular case would immediately find it's way to the desk of law enforcement and they will or would proceed to handle the investigation in a more direct manner often resulting in the suspect being charged, put in jail (pending bail) and then prosecuted.
So by having colleges/academic institutions investigate and/or handle rape cases: it treats the offender or suspect in the crime far easier than the same person would be treated if the same illegal act occurred outside of the parameters of a college campus. It is almost like, as a potential criminal or rapist, a guy would have a more likely chance of not being prosecuted if or when he was investigated by an academic institution versus being off campus and having to deal with county or state law enforcement.
At that point. . . . .Being a 'student' gives a guy an advantage in the eyes of the law when accused of rape rather than if the school played no role in investigating the crime.
Allowing academic institutions or colleges to investigate and deal with rape cases diminishes the seriousness and magnitude of the accusation or crime in every way.
I feel the same way about this as I do sex abuse within the military and priesthood. Report crimes to law enforcement; don't expect organizations to police themselves.
If we are speaking of forcible rape, someone is attacked and forced to have sex against their will that case should go directly to the police.
But that is not what we are talking about here with "sexual assaults" on college campuses these days.
We are talking about a guy and a girl at college hooking up when they are under the influence of alcohol or drugs. The zeitgeist of the moment is that if the girl has had anything do drink at all (not drunk, not passed out, not even tipsy) then she is incapable of granting consent, therefore the guy is guilty of "rape", even if the sex was initiated by the girl.
Those are the kinds of cases that are going to university boards of review.
If we are speaking of forcible rape, someone is attacked and forced to have sex against their will that case should go directly to the police.
But that is not what we are talking about here with "sexual assaults" on college campuses these days.
We are talking about a guy and a girl at college hooking up when they are under the influence of alcohol or drugs. The zeitgeist of the moment is that if the girl has had anything do drink at all (not drunk, not passed out, not even tipsy) then she is incapable of granting consent, therefore the guy is guilty of "rape", even if the sex was initiated by the girl.
Those are the kinds of cases that are going to university boards of review.
Correct,
But the question is, should these cases be dealt with solely within the context of the school's investigative and adjudicative authority?
But the question is, should these cases be dealt with solely within the context of the school's investigative and adjudicative authority?
They shouldn't be dealt with by anyone. It's not rape. It's people making stupid decisions and regretting them the next day when their friends don't approve.
But the question is, should these cases be dealt with solely within the context of the school's investigative and adjudicative authority?
In the scenario I laid out, no.
In a case of actual, non-consensual sex the university should not be involved beyond calling the police.
There have been cases of very obvious rape where the university DIDN'T call the police and tried to handle it themselves. I'd be prosecuting those people. (like the people at Penn State)
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