The California Supreme court has affirmed USC’s quasi-not-really-judicial process regarding sexual assault on campus, purportedly under the aegis of Title IX.
The latest–those being accused of sexual assault (men) don’t have a right to question their accuser or ‘witnesses’ in person.
Essentially the court’s ruling has made private post-secondary institutions in California their own entities outside of the law (I’m sure the universities think of themselves as above the law).
The court, citing “long-standing” precedent, reasoned private institutions were owed substantial deference in crafting disciplinary procedures:
Requiring private universities to conduct the sort of hearing the Court of Appeal majority envisioned would be contrary to our long-standing fair procedure admonition that courts should not attempt to fix any rigid procedures that private organizations must “invariably” adopt. Instead, private organizations should “retain the initial and primary responsibility for devising a method” to ensure adequate notice and a meaningful opportunity to be heard. (citations omitted)
To my mind, universities should not be in the business of ‘adjudicating’ sexual assault. If a crime has been committed, it goes to the cops. It’s just that plain and simple.
By allowing college age women to hide behind the university’s skirts and abrogate responsibility for their actions, they are ultimately doing both the women and their (ever decreasing) male population a disservice, to put it mildly.
By actually using the real judicial system, then false allegations would be weeded out–while I’m sure that sexual assault (in its much expanded definition) happens, I think a lot of it is urban legend territory–morning after regret turned into a life destroying event for a man.
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