I like the idea of bankrupting these schools. Money seems to be the only thing that drives their decisions, good (Federal Dollars) and bad (Lawsuit payouts).First: the idea that college procedures are wildly tilted against accusers--the basis of the myriad Title IX complaints filed against colleges and universities around the country--is divorced from reality. In the Vassar case, two witnesses that Yu requested be heard were not interviewed by Vassar and did not attend his hearing. Yu received Vassar's investigative file (what amounts to the "discovery" in the case) three days before the hearing--and, as with all Vassar students accused of sexual assault, he didn't have the right to counsel during the college proceedings. He confronted a panel of three faculty members, at the request of Walker, whose father teaches at Vassar. (That a panel confined to colleagues of the accused student's father might be biased does not appear to have troubled the Vassar administration.) Once found guilty, the appeals process was meaningless, since the tape of Yu's hearing was inaudible and the filing claims that Vassar never even gave Yu a copy of the written decision in the case before expelling him.Six figures for a chance at being branded a rapist in a Kangaroo Court? Not much of a deal. But these procedures seem vulnerable to all sorts of lawsuits, not just limited to Title IX. At some schools they may rise to the level of conspiracies to deprive people of civil rights, and possibly even RICO violations.
These one-sided procedures explain what appears to be a one-sided consideration of the evidence. To an even greater extent than the Harris case at St. Joe's, Yu appeared to possess highly exculpatory, written evidence--a series of Facebook messages from Walker that even Vassar's investigator (much later, when under oath) conceded contradicted Walker's version of events. In a passage that commentator Christina Hoff Sommers could use as Example A in her concerns about equating drunken, but consensual sex, with rape, Walker wrote to Yu, "I did not treat you very well, and it was disrespectful on my part to do what I did because I was drunk." ....................
Yet since Vassar (like most schools) holds that sex after a certain level of intoxication constitutes rape, how can the level of intoxication of both parties not be relevant? This would seem to be a Title IX issue of treating females differently than males.
It seems all but certain that in future years, lots of male students will suffer Yu's fate. Parents of future students would be well-served in taking a look at how Vassar treated him.
A conservative leaning Libertarian stuck in the land of Nuts, Fruits, and Flakes, or as it's affectionately known, by regular people, Kalifornia
Day by Day Cartoon by Chris Muir
Tuesday, May 20, 2014
Kangaroo Court Update - More on Vassar's Rigged Sex Hearing
From K.C. Johnson via Instapundit:
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