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Biden administration guts due process protections for students accused of sexual misconduct

a-man-from-earth

September 22, 2022
138 upvotes
/r/LeftWingMaleAdvocates
https://reason.com/2022/09/15/biden-guts-title-ix-due-process/
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Post Information
Title Biden administration guts due process protections for students accused of sexual misconduct
Author

a-man-from-earth

Upvotes 138
Comments 49
Date September 22, 2022 11:50 AM UTC
(3 years ago)
Subreddit Posted in /r/LeftWingMaleAdvocates
Original Link https://old.reddit.com/r/LeftWingMaleAdvocates/comments/xkz7hu/biden_administration_guts_due_process_protections/
Archive Link https://theredarchive.com/r/LeftWingMaleAdvocates/biden-administration-guts-due-process-protections.1132118
https://theredarchive.com/post/1132118
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Comments

[–]a-man-from-earthleft-wing male advocate[S] 74 points75 points76 points 3 years ago (2 children) | Copy Link

Of course many of us knew this move was coming, and now here it is. The Biden administration shows once again how little "left" they have in them, how callously they treat equal rights, and how ideologically blinded they are in undoing one of the very few good decisions by the previous administration.

[–]gratis_eekhoorn 42 points43 points44 points 3 years ago (1 child) | Copy Link

ironically Trump fought against removal of due process in unversities most

[–]McGauth925 0 points1 point2 points 3 years ago (0 children) | Copy Link

Well, consider the pussy-grabbing source.

[–]MRA_TitleIXask me about Title IX 50 points51 points52 points 3 years ago* (0 children) | Copy Link

People consistently miss the most problematic part of doing this. This stuff is admissible in federal court even if the school violated rights the court couldn't. Stuff from the tribunals is frequently used when they go to real court.

This is a way of backdooring evidence, statements, witnesses etc into the court proceedings without ever being required to show the defense all the evidence, gather it according to legal standards etc. Did the school and accuser coach statements and did the investigator selectively interview witnesses that are the friend of the accuser? Doesn't matter under the new rules. Totally fine. Also those coached witness statements made in the tribunal are fair game in court and the accused doesn't have access to full statements, deposition docs etc like they would in normal court. Just.... "get fucked"

Don't talk in the tribunal? You can lose out on being able to sue the school over the bullshit because you didnt take the opportunity to be heard during the tribunal. Do talk in the tribunal? You just made it easier to convict you in court even if you are innocent. There is no good way to handle having to go through these tribunals. Damned if you do. Damned if you dont.

They also removed the part where treating the complainant or respondent more favorably was a violation. I wonder how that serves any reasonable purpose.

The article paints a dire picture that is still a conservative take on just how big of a problem this is. It's far worse than they make it out to be.

[–]Deadlocked02 41 points42 points43 points 3 years ago (0 children) | Copy Link

Sad that this won’t get any traction or hit the frontpage, unlike protests in Iran or news about abortion (that are as prominent now as they were when Roe V Wade was overturned).

[–]Better_Repeat 43 points44 points45 points 3 years ago (7 children) | Copy Link

If you can't cross-examine evidence, then you can't adequately defend yourself against the allegations: it's that simple. This is frankly an abhorrent abuse of human rights. These kangaroo courts are operated purely in the interests of the colleges, who are motivated by profit, not the best interests of any students; not even genuine victims of sexual assault.

To any feminists here: have you seen any criticism of this blatant institutional misandry from mainstream feminists?

[–]MRA_TitleIXask me about Title IX 28 points29 points30 points 3 years ago (0 children) | Copy Link

Not just a loss of ability to cross examine, but a loss of ability to even see it. That is no exaggeration.

[–]aussievirusthrowaway 6 points7 points8 points 3 years ago (4 children) | Copy Link

How do colleges profit from expelling a customer?

[–]MRA_TitleIXask me about Title IX 25 points26 points27 points 3 years ago (0 children) | Copy Link

In short, reduced liability.

The new regs make it so they can secure the expulsion with bias and the counter suit will be very hard. When you have no real process you have to follow, you can't be sued for not following it. When the process that does exist is super opaque to the accused, it can be nearly impossible to show they fucked up, since how it worked was legally hidden and obscured.

If they don't respond, the media narrative turns into "college has flagrant disregard for rapes on campus" which easily opens them up for class action lawsuits.

They have to take action under Title IX and they choose to secure the outcome that best minimizes the liability of the school.

[–]duhhhh 7 points8 points9 points 3 years ago (0 children) | Copy Link

I haven't read the latest, but in the Obama era guidance, schools would lose their federal funding if they didn't. Lawsuits are cheaper than the loss in federal funding.

[–]McGauth925 4 points5 points6 points 3 years ago* (1 child) | Copy Link

By maintaining a set of social rules that favor the socially dominant class. That keeps women continuing to want to attend those institutions, and women are their biggest customers.

You also have to consider the views and influence of the Women's Studies programs and of most of the women faculty. They're either outright feminist, or highly influenced by feminist views and values.

[–]aussievirusthrowaway 0 points1 point2 points 3 years ago (0 children) | Copy Link

This is the most direct reply to my question, thank you

[–]nam24 1 point2 points3 points 3 years ago (0 children) | Copy Link

I don't think anyone praising the return of allowing just one person in the comity, rightfully so as it benefits nobody except universities

The vested interest in sweeping shit under the rug is also known by everyone but what one takes from that fact depends on the individual

I did see critics of just removing people Rights in general rather than actually making things better

Though lack of cross examination isn't necessarily viewed badly, main arguments being that title x being an university procédure it does not have(and maybe should not?) to follow the standards of courts of laws(which is true though it being morally correct well...your mileage may vary), that (related to the previous reason) a school exclusion is not the same prejudice than a criminal offense, and/or that cross examination as a process also gives opportunity to an agressor to bully a victim into silence/give them a tribune to spout faux defense including but not limited to victim blaming

But more importantly emphasis is put on the other following injustice and disruption of education that is being in education with your agressor.

As well as (regarding the subject in general not specifically this news) fact cops or university authorities, let alone cases where they are in on it often have gross mishandling and bad treatment of potential victims

Personally i don't know about cross examination and the standard of decision, but one decisionary and no reviewing of your own of accusations is just bad.

[–]pvtshoebox 63 points64 points65 points 3 years ago (8 children) | Copy Link

The left seems ok with sacrificing young men at the altar of “protect women (from college rapes.”

The right seems ok with sacrificing young men at the altar of “protect women (from foreign threats via draft).”

Young men are not thought to have beauty, a womb, voter turnout, or high tax revenue, and are therefore considered politically and literally expendable. Some use them to fuel their machines, others throw them to the trash heap over the sound of applause.

This is also probably true of all cultures globally and for all human history.

Young men, we care about you. I don’t have the answers, but it does get better. Build yourself up. Peruse your own interests. The haters are sleeping on you. One day, they will see your worth and pretend they knew all along. Until then, help each other out. You never know which of your brothers is one step from the ledge - and if not today, maybe tomorrow.

No one is coming to save you, but your pain is not invisible.

Godspeed.

[–]-LeadFromTheFront- 35 points36 points37 points 3 years ago (5 children) | Copy Link

I predict this will only give rise to more radical groups comprised of young men. No wonder we see things like Proud Boys and other groups of similar ilk. Men are lost and it seems the only people providing direction are highly toxic.

[–]angry_cabbie 24 points25 points26 points 3 years ago (1 child) | Copy Link

Only because all the non-toxic people that try, get attacked, ridiculed, publicly insulted, and pushed into the right. What a pipeline!

[–]-LeadFromTheFront- 11 points12 points13 points 3 years ago (0 children) | Copy Link

I wouldn’t let that stop me.

[–]Talik1978 7 points8 points9 points 3 years ago (1 child) | Copy Link

The only direction provided is to the slaughterhouse.

[–]McGauth925 0 points1 point2 points 3 years ago (0 children) | Copy Link

That's the way many who aren't on the right see it, but that's not what is presented to those young men. What is presented is a way to change what they've been encouraged to see as wrong, and, actually, some of what they KNOW is wrong - the overall way men are valued in our society, now, despite all we hear about the evils of the patriarchy.

[–]McGauth925 0 points1 point2 points 3 years ago (0 children) | Copy Link

To me, it's the emotional support - although it seems odd to say that about men!, that they provide for young men. They're seen as decent people, who are easily treated as suspicious, by much of society.

[–]EddgeLord666 14 points15 points16 points 3 years ago (0 children) | Copy Link

Care and encouragement isn’t gonna do much for men who are falsely accused though.

[–]WeEatBabiesleft-wing male advocate 3 points4 points5 points 3 years ago (0 children) | Copy Link

They aren't the left!

[–]xhouliganx 19 points20 points21 points 3 years ago (0 children) | Copy Link

In 2016, I interviewed the Title IX coordinator at the small university I attended in Wisconsin for a story I was pursuing as part of one of my journalism courses. At the time, I held the typical feminist perspective that sexual assault was rampant on college campuses. The angle I chose to run on the story was pretty shoddy journalism looking back at it. I very much was looking to confirm my own bias that the school was not adequately protecting victims. Turns out, that wasn’t the case, and I had to completely change how I approached the story. It turned into more of a story on how the school’s Title IX department worked congruently with the off-campus sexual assault response team. I wish I could go back with the knowledge and perspective I have now and re-do that whole thing. Obviously, they weren’t adequately protecting the rights of the accused.

[–]Korvar 23 points24 points25 points 3 years ago (4 children) | Copy Link

One thing I'm curious about: I read somewhere (and cannot find the reference) that although African-American men make up 5% of University students, they make up 50% of those accused of sexual misconduct in hearings like this.

I would want to see the data to confirm, but I do find myself wondering if that's an aspect that should be brought up.

Does anyone else remember that or am I just confused?

[–]MRA_TitleIXask me about Title IX 15 points16 points17 points 3 years ago (0 children) | Copy Link

Consider asking titleixforall.com

Great people, I know the main guy behind it. He is sharp and probably knows how to find the answer you seek. He's very busy so it might take him a bit to get back to you. I wouldn't at all be surprised if he knows of a court case or two that actually address this.

[–]aussievirusthrowaway 14 points15 points16 points 3 years ago (2 children) | Copy Link

Pardon me for being cynical but it's probably racist white girls who got caught by friends or even boyfriends having a relationship with a black man and decided to throw him under the bus to preserve their reputation.

[–]a-man-from-earthleft-wing male advocate[S] 12 points13 points14 points 3 years ago (0 children) | Copy Link

That's a sacrifice they're willing to make.

[–]McGauth925 1 point2 points3 points 3 years ago (0 children) | Copy Link

Speculation isn't as useful as statistical evidence.

[–]turbulance4left-wing male advocate 20 points21 points22 points 3 years ago (13 children) | Copy Link

It's so difficult to be both left wing and a male advocate.

[–]frackingfaxerleft-wing male advocate 12 points13 points14 points 3 years ago* (3 children) | Copy Link

Biden and Obama are centrist New Democrats. Not left-wingers by a long shot.

Also, there have been actual left-wingers who have spoken out against the Title IX policies of the Obama and Biden administrations. Laura Kipnis, Janet Halley, and Heidi Matthews immediately come to mind. I remember reading through this article in Jacobin, in which the author spends much of it attacking Kipnis for being a leftist who's also critical of Title IX and MeToo, then getting to the bottom and excitedly seeing "Read Laura Kipnis’s response [here]." Only to find two measly paragraphs about why you're not getting a response. Guess I'll just have to read her book.

Also, there's the Trotskyist World Socialist Web Site, who have taken a very strong stand against these Obama-era regulations, if you're further to the left.

[–]SchalaZeal01left-wing male advocate 2 points3 points4 points 3 years ago (0 children) | Copy Link

Compared to Quebec parties, they're barely to the left of the Conservative party. And only socially.

[–]McGauth925 1 point2 points3 points 3 years ago (1 child) | Copy Link

Yes, you can find instances of people on the left realizing that the way men have been seen for many decades, now, isn't accurate.

The problem is, they are relatively rare.

[–]frackingfaxerleft-wing male advocate 2 points3 points4 points 3 years ago (0 children) | Copy Link

I don't think they're as rare as you think. I think most of them are just terrified of expressing their real opinion and being branded as sexist misogynist brocialists. That might be why I listed three women as examples. They can get more easily get away with going against the left-wing party line because it's hard to accuse them of being sexists.

[–]BabyYodasDirtyDiaper 16 points17 points18 points 3 years ago (5 children) | Copy Link

You just have to realize that Biden et al are not left-wing.

[–]HinduProphet1 points 3 years ago [recovered] (1 child) | Copy Link

They are liberals first...

[–]LeftWingMaleAdvocates-ModTeam[M] 0 points1 point2 points 3 years agolocked comment (0 children) | Copy Link

Avoid arguments about ideological purity. Do not chastise people for not being "left-wing" enough, or for not being a "real" male advocate. Focus arguments on the content and not the person.

And as for liberalism, it is the original left. Do not make liberals feel unwelcome here. They are a large part of our subscriber base.

If you think a post or comment does not belong on the sub, or a user is not participating in good faith, then report it to the moderators as per the rules in our moderation policy.

If you disagree with this ruling, please appeal by messaging the moderators.

[–]turbulance4left-wing male advocate 3 points4 points5 points 3 years ago (2 children) | Copy Link

"I am the Democratic party" -Biden.

[–]BabyYodasDirtyDiaper 13 points14 points15 points 3 years ago (1 child) | Copy Link

Well, yeah.

The democratic party isn't left-wing either.

[–]McGauth925 1 point2 points3 points 3 years ago (0 children) | Copy Link

...it's simply the lesser of the two evils. These days, it's, overall, FAR less evil.

But, they both serve their ruling class and corporate masters far more than they serve the rest of us.

[–]Enzi42 5 points6 points7 points 3 years ago (2 children) | Copy Link

This reminds me of something I read a few days ago on the VaushX subreddit that was disheartening, but refreshingly honest and thought provoking.

There was a thread there precisely about how the left/progressives don't do enough to address men's concerns and even go up against them at times.

One of the comments there caught my attention; it basically agreed with this sentiment and acknowledged that this was definitely an issue...but it went on to say that this is a feature, not a bug. By their reasoning, men sit at the top of an oppressive and unjust system of power, and the goal of being progressive is to topple this structure.

So naturally progressives are not going to be men's friends when dealing with social issues; we take a back seat. The commenter then addressed the thread participants and said that the left needs to strike a balance between helping men but not "losing themselves" by doing too much.

Obviously the sub and that one person don't represent everyone on the left, but for some reason it captivated me and felt like it gave a somewhat dark insight into how a lot of left leaning people view men. That they felt in danger of "losing themselves" if they put too much effort into men's issues says a lot and none of it good.

[–]McGauth925 1 point2 points3 points 3 years ago (1 child) | Copy Link

Cognitive bias isn't something that only the people who oppose us are guilty of. It's simply much easier to see when they do it.

[–]Enzi42 1 point2 points3 points 3 years ago (0 children) | Copy Link

the people who oppose us

The problem is that, if that person's words are anything to go by (and I would argue that they are due to all the other anti male actions permitted and even engineered by left) we need to do some hard reevaluations about just what counts as our opposition.

The right is obviously a nonstarter, but if large expanses of the left view men and boys as oppressors who need to be brought down and put on a leash to ensure that we cannot ever "do damage" again...then those people are the enemy.

I'm honestly not sure where that leaves otherwise left leaning people, but it's a genuinely chilling thought.

[–]jabberwockxeno 8 points9 points10 points 3 years ago (0 children) | Copy Link

Not that I expect it to change, but there was a public comment period on the rules that ended last week, and this article says that the rules were released in June.

Doesn't that mean that the rules aren't finalized and there may be changes following the end of the public comment period?

[–]McGauth925 3 points4 points5 points 3 years ago (4 children) | Copy Link

I'll always choose Democrats over Republicans, despite the fact that they're both beholden to their ruling class and corporate campaign donors. And, now the Republicans have gone completely off the rails in all the ways most civilized people deplore.

But, continuing to value and advantage women over men is NOT one of the things I favor about Democrats. And, Biden has been playing up to women for votes for his whole career.

[–]a-man-from-earthleft-wing male advocate[S] 2 points3 points4 points 3 years ago (3 children) | Copy Link

The US desperately needs an alternative to the duopoly. A great country should be able to do better than always voting for the slightly lesser evil.

[–]McGauth925 0 points1 point2 points 3 years ago (2 children) | Copy Link

Ranked choice voting, where, if the Green Party gets, say,12% of the vote, they get 12% of the legislative seats. But, the people who own and run this country will never allow that. Face it, they've got us locked up tighter than a drum, and the only way to change that is illegal.

[–]a-man-from-earthleft-wing male advocate[S] 0 points1 point2 points 3 years ago (1 child) | Copy Link

the people who own and run this country will never allow that

This is the problem. We saw that in how they sidelined Andrew Yang, as well as Bret Weinstein's initiative (regardless of what you think of him, that was at least creative thinking).

On the other hand, the Netherlands has nominally a better system, but we still get right-leaning neoliberals in bed with the rich ruining our country.

[–]McGauth925 0 points1 point2 points 3 years ago (0 children) | Copy Link

Far as I can see, the problem has always been the ruling class that runs the world for their own benefit. Jesus said something like, the poor you will always have with you. The real problem is, the rich, we will always have with us.

[–]BloomingBrains 0 points1 point2 points 3 years ago (0 children) | Copy Link

That's kind of ironic, considering the things he's been caught doing to women and girls on public cameras.

It boils my blood that guys like me are automatically assumed to be creeps and get no due process, yet a guy like him gets away Scott free with smelling little girls' hair? Like WHAT THE ACTUAL FUCK?!?

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