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Title IX... Yikes

WATU2

I.T.S. Hall of Famer
May 29, 2001
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Title IX has compelled colleges to set up and operate a judicial system that violates a student's Constitutional rights and our core protections for individuals. Colleges are compelled by legislation to run these systems, but hate them as they are expensive and litigious. What a mess.

To Tackle Sexual Assault Cases.....Colleges..
 
My question is how much of this is actually related to Title IX and how
much is just another symptom of the rampant politicization of the DOJ and DOE under the Obama Administration?

I can't seem to find a single reference in the article to Title IX or a single reference in Title IX that relates to sex crimes on campus. In fact, the article specifically references "federal pressure" which would lead one to believe that this is more a function of the Obama/Holder DOJ than Title IX.

If you look, you can trace the association between sex crimes on campus and Title IX to either a letter from the Department of Education written in April of 2011 or a lawsuit filed by a group of Yale female students in March of 2011. Neither would have happened without the support of Obama's DOE and DOJ. Please note that my issue is not with a more aggressive stance against sex crimes on campus but is instead with the decision to tie Title IX and subsequently all collegiate athletics to same.

The "guilty until proven innocent" approach that is used on campus is truly frightening. My first exposure to this was the Duke Lacrosse Team case (they were innocent but arguably stupid). Kids were accused of rape by a stripper (sans any evidence to support said claim). Faculty blew up (you can google "Group of 88") and demanded action, DA jumped on the band wagon, head coach (Pressler) left, team missed a shot at a national championship but the whole case was a steaming mound of BS. Needless to say, the faculty members never apologized for publicly castigating the kids sans any evidence and none were ever punished for violating the constitutional and civil rights of the accused.

Best quotation in the article:


Leora Joseph, a sex crimes prosecutor in Denver, agrees that schools'
efforts should complement the criminal system, and that it's important
for campuses to punish misconduct that prosecutors would be unable to
prove beyond a reasonable doubt, or that might not rise to the level of a
felony.



"Just because someone did not commit a crime, it
doesn't mean they shouldn't be forced to suffer some consequences for
their bad behavior," she says.


Good stuff, especially coming from a sworn office of the court who is supposed to be concerned with our constitutional rights. We can't convict them but they should be punished. Perfect example of vigilante justice and an attitude that is precisely why we get things like the Duke Lacrosse travesty.

Thanks.
 
Title IX is the 1972 legislation which forces this role on universities. Title IX has been steadily broadened and strengthened since then. In particular women's groups have fostered numerous law suits and lobbied hard to increase its enforcement and broaden its scope. Add in changing societal views toward sex, especially among the young along with the advent of co-ed dorms, and we have a toxic stew. Universities hate, hate, hate it, because it requires that they set up a complete judicial system with the expense and liabilities attached or lose federal funds.

As we both agree, the implementation is an ugly mess. Actually the whole idea is. See link to Harvard Law School's faculty's view.

BTW if you are looking for specific mention of Title IX and sexual abuse on campus try this link from a group that presses for heavy college involvement. See items 4 and 5. http://knowyourix.org/title-ix/title-ix-the-basics/


The Duke case was a criminal one handled by the state's judicial system and a now disbarred DA, not a procedure run by Duke under Title IX. The judicial system has more protections for the accused than the procedures being used by universities.





This post was edited on 10/31 6:53 AM by WATU2

Harvard Law faculty protests new university policy
 
As parents of former college athletes (boys), we have long been aware of Title IX issues. While we applaud some of the outcomes such as the spread of college sports opportunities for women, there a number of outcomes that both my wife and I have long believed are pernicious. Evidently the Goat and the Harvard Law Faculty share our concern about the 'judicial systems' colleges are being forced to develop which do not contain constitutional protections for the accused.

To me these new systems seem to be growing closer to the Uniform Code of Military Justice's Captain's Mast or other non judicial proceedings than our civilian system of justice. The UCMJ was developed to deal with unique situations at sea, in the field, or combat. Is that what college life is being compared to?

Women's group take on Title IX
 
More on the problems arising from forcing colleges to run ersatz justice systems. Thanks Title IX!


This post was edited on 11/17 11:40 AM by WATU2

Colleges and rape
 
College Rape.....efforts to protect women are infringing on the civil rights of men.

It's interesting that the accused at a state run university has more protections that one at a private university.
This post was edited on 12/9 6:51 PM by WATU2

The college sexual mine field and title IX
 
My question is how much of this is actually related to Title IX and how
much is just another symptom of the rampant politicization of the DOJ and DOE under the Obama Administration?

If you followed what's going on campuses across the nation from the Ivy League to Northwestern to Missouri you will see that expectations of students on campus has radically changed. Free speech and open debate are expected to take a back seat to political correctness, freedom from unwanted ideas or the occasional act of stupidity. Title IX has been the law of the land since 1972, although the Department of Education didn't help matters in 2011 when it lowered the standard for assessing responsibility for sexual assault which has a very broad definition.

Laura Kipnis's description of the process that colleges have to use is frightening. Can you say "secret kangaroo court?"

http://dailycaller.com/2015/11/06/yale-student-shrieks-at-prof-for-denying-her-safe-space-video/
 
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