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Dangerous Changes Coming for Title IX

Heavy_Grand2526

January 1, 2022
25 upvotes
/r/MensRights
https://www.heritage.org/education/commentary/dangerous-changes-coming-title-ix
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Post Information
Title Dangerous Changes Coming for Title IX
Author

Heavy_Grand2526

Upvotes 25
Comments 11
Date January 1, 2022 9:50 PM UTC
(4 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/rtthyu/dangerous_changes_coming_for_title_ix/
Archive Link https://theredarchive.com/r/MensRights/dangerous-changes-coming-for-title-ix.1093358
https://theredarchive.com/post/1093358
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Comments

[–]IRefuseToBeAshamed 9 points10 points11 points 4 years ago (0 children) | Copy Link

It would seem that handling abuses at the university level and not the legal would harm the victim as well as the accused. If a crime has been committed both parties deserve a trial.

[–]sleepyJoeBidet 7 points8 points9 points 4 years ago (1 child) | Copy Link

Hurahh. Let the lawsuits flow

/S

Unfortunatly even if the lawsuit is won. Those years are lost, interrupting ones education while the university is sued is not a no cost option. Neither is transferring.

[–]63daddy 4 points5 points6 points 4 years ago (0 children) | Copy Link

I think you are right.

I know one case rather well where a college was sued, tried to block the lawsuit, failed and then settled. I don’t know for sure what the settlement was, but it was probably a couple years of tuition. The college in question has an endowment of over 2 billion dollars, so this settlement is nothing to them, not even a drop in the bucket, hardly an incentive to change their ways.

It’s going to take a whole lot of lawsuits to overcome the wokeness of higher education.

[+][deleted] 4 years ago (1 child) | Copy Link

[permanently deleted]

[–]63daddy 8 points9 points10 points 4 years ago* (0 children) | Copy Link

I can explain that.

Most colleges define rape as penetrating another person without their valid consent. Drinking is the typical argument for claiming consent wasn’t valid.

Since in heterosexual sex, it’s the man who penetrates a woman, it doesn’t matter if his consent was valid or not because he wasn’t penetrated. His consent is irrelevant.

So two college students have sex, both equally intoxicated, both equally consent but due to the definition he’s a rapist and she’s a rape victim. It’s incredibly biased, but of course being biased is the intent.

[–]63daddy 6 points7 points8 points 4 years ago (2 children) | Copy Link

Sad news. It sounds like it will be even worse than under the Obama Era, which was very bad. Even after DeVoss’ improvements the title ix system was still very biased against the accused.

The bottom line as I see it is colleges should be educating not adjudicating. We don’t rely on our legal system to teach college classes and shouldn’t rely on colleges to adjudicate sexual assault allegations. Sexual assault allegations should be handled by our legal system, period.

Of course the whole reason we see colleges adjudicating such cases is precisely because they don’t have to offer due process. As the article says they are kangaroo courts. They can find guilt and expel accused males with no actual proof of wrong doing which is of course the point.

I hate how litigious our society has become but I think a flood of lawsuits against colleges for denying due process is the only way this miscarriage of justice will ever end.

[–]MRA_TitleIX 0 points1 point2 points 4 years ago* (1 child) | Copy Link

Of course the whole reason we see colleges adjudicating such cases is precisely because they don’t have to offer due process.

Not exactly. The reason we see schools doing this is because Title IX and 34 CFR 106 compels them to. If they don't take proactive steps to eliminate sexual harassment they can have their funding pulled. When doing so, it was decided by real courts that due process rights must be afforded to the accused due to how impactful the outcomes are. The problem is that the people playing "law" in these school "courts" are like children playing house. They don't know what they are really doing and there are no consequences for them if they fuck up. The only consequences are if they allow sexual harassment to continue, so they will have a bias toward guilt in any process. If they violate rights to get there, they only risk damages, not a total loss of funding.

The issue that caused all of this is the interpretation that Title IX requires anything more than informing the police that a crime has been comitted and taking action based on the verdict of the legal system.

[–]63daddy 0 points1 point2 points 4 years ago* (0 children) | Copy Link

Your point doesn’t contradict what I said.

Beginning with the dear colleague letter colleges are mandated to handle cases of sexual assault as you said rather than just allow law enforcement to handle such cases. Colleges are required and discouraged from offering proper due process to the accused.

The reason this is required of colleges is so that college kangaroo courts will find guilt and punish accused students without any real evidence of guilt. That’s the whole point. If the office of civil rights wanted justice, they would insist on due process, not forbid it, or leave justice to our justice system. The whole point is to find guilt and issue punishment in instances where our judicial system would likely rule innocence.

This is precisely the basis of all the lawsuits we are seeing as you know. If colleges (pushed by the dept. of education) weren’t denying accused students due process in an attempt to push guilty decisions, most of these lawsuits wouldn’t exist.

[–]Sith_Lord_Of_The_USA 5 points6 points7 points 4 years ago (0 children) | Copy Link

Luckily, the Supreme Court has a conservative majority, so it will strike down anything that removes due process for the accused.

Justice Amy Coney Barrett in particular will rule to protect due process, as shown by her opinion on Doe v Purdue

[–]CryingMadGirl 2 points3 points4 points 4 years ago (0 children) | Copy Link

Hmmmm… I wonder if they also take rights away from women if you falsely accuse them… or even if they actually do something

[–]MRA_TitleIX 0 points1 point2 points 4 years ago* (0 children) | Copy Link

The underlying problem is a balancing of risk done by the university creates a massive conflict of interest.

A university that does not comply with Title IX can have their funding pulled. For most universities, this is a death sentence. If the school does nothing, they are done for.

If they side with accusers and they find a respondant guilty despite violating their rights, at worst they get a counter lawsuit for damages. It doesn't sink them.

If they design the system to favor people accused, as the judicial system should work, they risk everything by being labeled as a recipient that is allowing sexual harassment to occur.

The nature of Title IX forces schools to be bias against the accused. Traditional courts don't get all their funding pulled if they let a guilty person go free because the investigation violated their rights in gathering evidence (thus making it inadmissible). These outcomes happen in real courts because it forces rights to be afforded. The court doesn't risk their funding being pulled for ruling in favor of the accused when investigators fucked up.

A school doesn't get their funding pulled for fucking up cases and condemning people after violating their rights. The school only risks a lawsuit and some damages. No public outcry, no national attention, and no loss of funding. That guilty verdict is essential to protecting school interests.

Schools will continue to give deference to accusers as long as the balance of risk makes it economically advantageous to do so or until they accused are given the same rights they are given in a real court. You know, the rights that have been litigated and discussed by legal professionals as being necessary to a fair trial. We don't need to reinvent the wheel or act like there isn't a solution. It exists. The discussions have already played out and been decided by the courts. Why the fuck are we still having this debate?

Imagine what would happen if a real court withheld that a critical witness told the judge they concocted their testimony with the accuser and had bias against the accused. Imagine the critical witness recanted their statement and admitted all of this but the court determined that it wasn't relevant to inform the accused. People would be risking their privilege to practice law by doing so. This is a real thing that happened at Norwich University (OCR 01202044) and the school never even informed the accused. OCR resolution didn't even require anyone losing their job, just more training. Not even an appology. It isn't enough for rights to be given, they need to be seriously enforced to a degree that ensures they are given. There needs to be serious outcomes to individuals and institutions who violate those rights.

Schools will continue to do this so long as their is no real risk. The school lost nothing but some time training employees for being caught. These aren't rights being given to the accused. These are merely suggestions and OCR's continued lack of real penalties only encourages it.

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