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The men strike back at unfair college disciplinary proceedings

PierceHarlan

December 12, 2013
90 upvotes
/r/MensRights

http://www.kenyoncollegian.com/news/former-student-sues-college-1.3128689#.UqougNJDu-0

http://www.newarkadvocate.com/article/20131212/NEWS01/312120009/Expelled-student-files-lawsuit-against-Denison-University

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Post Information
Title The men strike back at unfair college disciplinary proceedings
Author

PierceHarlan

Upvotes 90
Comments 28
Date December 12, 2013 9:48 PM UTC
(12 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/1sqx5y/the_men_strike_back_at_unfair_college/
Archive Link https://theredarchive.com/r/MensRights/the-men-strike-back-at-unfair-college-disciplinary.1156297
https://theredarchive.com/post/1156297
Top posts by PierceHarlan

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Comments

[–]jpflathead 24 points25 points26 points 12 years ago* (0 children) | Copy Link

Hit their wallet and maybe they'll get a clue.

Hit their endowment and you'll see a 9g turn.

[–]blueoak9 16 points17 points18 points 12 years ago (0 children) | Copy Link

It's a about time. Force is the only things these academic tyrants understand apparently, and this is the fomr of force available to these young men. It's about damned time.

[–][deleted] 23 points24 points25 points 12 years ago (2 children) | Copy Link

Zingarelli’s accuser, whose name the Collegian is withholding

The name of the falsely accused is dragged through the mud and made a matter of public record.

The name of the false accuser is kept secret.

Makes perfect sense.

[–]user1492 7 points8 points9 points 12 years ago (1 child) | Copy Link

The name of the falsely accused victim is dragged through the mud and made a matter of public record.

The name of the false accuser (alleged) perpetrator is kept secret.

FTFY.

[–]jammermcchd 2 points3 points4 points 12 years ago (0 children) | Copy Link

Yeah that totally struck me. She's the defendant in a civil suit, she's been legally established as NOT a victim- why is it their policy to keep her name secret?

[+][deleted] 12 years ago (2 children) | Copy Link

[permanently deleted]

[–][deleted] 5 points6 points7 points 12 years ago (1 child) | Copy Link

Hit me hit me hit me hit me hit me with those lawyer beams!

[–]Your_Bacon_Counselor 2 points3 points4 points 12 years ago (0 children) | Copy Link

Upvoted for Frankie reference.

[–][deleted] 17 points18 points19 points 12 years ago (5 children) | Copy Link

The worst part of these is that the students are expelled from the schools even though charges are never filed by police because the Obama admin pushed schools to relax the amount of evidence they need to expell students for sexual assault. Their entire lives are being put on hold while they fight these school boards.

[–]murphymc 8 points9 points10 points 12 years ago (1 child) | Copy Link

On hold is pretty generous. I'd call it massively backtracked myself.

[–][deleted] 1 point2 points3 points 12 years ago (0 children) | Copy Link

I wouldn't, if the universities settle, they'll make a crapload of cash. Fuck education institutions, get money.

[–]Number357 7 points8 points9 points 12 years ago (1 child) | Copy Link

Obama did more than just "push" them, schools are now required by federal law (SAVE Act) to expel a guy accused of rape if the J-Board finds there is a 50.00001% chance he did it. No lawyers, and often short notice to prepare your case.

[–]TracyMorganFreeman 4 points5 points6 points 12 years ago (0 children) | Copy Link

I'm not sure if it's every school, but if no formal criminal charges are made, then the school doesn't allow someone with formal legal training to represent you either.

[–]cuteman 1 point2 points3 points 12 years ago (0 children) | Copy Link

A lot of universities had Perponderance of the evidence even before the Obama dear colleague letter. But yeah, lowering the legal threshold is ridiculous. You can be found guilty by arrogant colleges despite police not making an arrest under probable cause or reasonable suspicion, and police are professional investigators with a lot more resources. Not to mention the fact that the student conduct committee hearings are volunteer novice amateur kangaroo courts.

[–][deleted] 3 points4 points5 points 12 years ago (0 children) | Copy Link

From the Collegian article:

Zingarelli’s accuser, whose name the Collegian is withholding in keeping with standard journalistic practice, did not return a request for comment.

Oh, that's enlightened of them...

Hang on a second, if it's "standard journalistic practice" to withhold the name of the accused, why the fuck did they out Zingarelli himself, back when he was the accused???

[–]MattClark0994 14 points15 points16 points 12 years ago (7 children) | Copy Link

Too bad men don't rally against this shit like they did for the duke lacrosse false rape accuser or when Larry Summers dared to claim (correctly) that the larger portion of men in the STEM programs might have something to do with the fact that there are more men at the higher end of the IQ than women.

Of course most men only feel the need to take action when its women who are being "slighted"

[–]SRSLovesGawker 15 points16 points17 points 12 years ago (6 children) | Copy Link

Women have an automatic in-group bias towards other women, on the whole.

Sadly, we lack an automatic in-group bias. Indeed, we generally as a group prefer to support women over men. In order for men to cohere, we tend to need to be doing something together as a team.

[–]VZPurp 8 points9 points10 points 12 years ago (0 children) | Copy Link

We compete for women.

[–]Collective82 2 points3 points4 points 12 years ago (3 children) | Copy Link

That's part of our make up though. We work alone unless hunting. Alas evolution leaves its claws in us to this day, just like you can see in women where they tear the other one down to be the dominant fe3male for breeding.

[–]SRSLovesGawker 1 point2 points3 points 12 years ago (1 child) | Copy Link

I don't know if that's necessarily the case. I'm reluctant to assign male unitarity to biological effects when we know there are a myriad of social factors that work to separate men: insinuations about homosexuality, feminist infiltration or demolition into all-male spaces (eg. clubs, bars, fraternal organizations) and so on.

It seems to me that men are social creatures just as much as any other human or indeed most any other primate. We may lack a same-group preference that automatically binds us, but that doesn't mean we default into competition. That competition comes from outside forces.

[–]Collective82 -1 points0 points1 point 12 years ago (0 children) | Copy Link

I understand camaraderie, which like you said we need a reason to bind, but men are also more apt to compete more often than not. Alas I turn everything into a competition even if others aren't, but then again that could be the A, B type personality differences too.

[–]fuckingdanzig 1 point2 points3 points 12 years ago (2 children) | Copy Link

Pierce/any other attorneys in here: thoughts on a 1983 action against the college? Not just a Title IX suit?

[–]user1492 2 points3 points4 points 12 years ago (1 child) | Copy Link

I suspect a 1983 action would be based on a 5th amendment/due process violation. It sounds like he received his required notice and hearing, but the system was biased against him. That would be a pretty tricky case to litigate.

In one option, he would argue that the rule, as applied to him, was unconstitutional. He would have to show that the school acted with actual malice towards him. The perpetrator's willful destruction of evidence probably wouldn't be relevant (edit: unless the college actually knew or facilitated the destruction).

Another avenue would be to challenge the "preponderance of the evidence" standard that the college uses. Basically argue that the entire system is unconstitutional. That would also be a pretty hefty constitutional challenge.

Under current law the "preponderance of the evidence" rule is acceptable (I suspect) because the consequence is a civil matter, not criminal. To overturn this rule, you would have to show that expulsion from a school was a criminal matter. I expect such a showing would be very difficult.

edited for clarity

[–]fuckingdanzig 1 point2 points3 points 12 years ago (0 children) | Copy Link

All of the above is why I was thinking an equal protection argument might work better.

[–]rightsbot 0 points1 point2 points 12 years ago (0 children) | Copy Link

Post text automatically copied here. (Why?) (Report a problem.)

[–]Ma99ie 0 points1 point2 points 12 years ago (0 children) | Copy Link

Here is the official court docket of the case in Licking County, OH. Case No. 2013 CV 01231

[–]notnotnotfred -1 points0 points1 point 12 years ago (0 children) | Copy Link

suing the college is one thing. these men need, though, to sue the federal government for creating the policy that necessitates this.

[–]AnnArchist -2 points-1 points0 points 12 years ago (0 children) | Copy Link

hope he wins

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