Wednesday, July 17, 2019

The Sheer Scale of Injustice

From The National Review:
This new motion comes after a wave of cases across the country that have invalidated and reversed the results of campus kangaroo courts — and these rulings are coming from judges across the political/judicial spectrum. In California, progressive state-court judges issued rulings that effectively halted proceedings in 75 campus sexual-misconduct cases, while California universities reworked their processes. Earlier this month, Amy Coney Barrett and the Seventh Circuit Court of Appeals joined dozens of other courts in ruling that university processes should face exacting legal scrutiny.
In fact, it’s hard to think of a modern legal policy more thoroughly repudiated than the Obama administration’s 2011 “Dear colleague” letter , which required every single public and private college that received federal funds (except for the few religious colleges that had opted out of Title IX) to adjudicate sexual-misconduct complaints under streamlined procedures that mandated lower burdens of proof, implemented a form of double jeopardy, and discouraged basic elements of due process, such as cross-examination.
Acting under intense internal and external pressure — and empowered by a #BelieveWomen ideology that dogmatically asserted that it is extremely rare for women to file false sexual-assault claims — universities encouraged women to report and prosecute cases under a system that was built from the ground up in defiance of generations of jurisprudence defining appropriate due process and in defiance of clear legal standards that prevent both anti-male and anti-female discrimination. Much of the critique of university processes has focused on the plight of falsely accused students, and many of the cases contain facts so bizarre and extreme that it’s hard to believe that any fact-finder anywhere could have imposed punishment. (Read more.)
Share

No comments: