Friday, December 12, 2014

The New FriendZone

Here's a piece of advice for guys in college today: Don't ever have sex on campus.

One of the other effects of the Rolling Stone-University of Virginia debacle is a new focus on regulations placed upon colleges across the country by the Obama Administration and the Department of Education using Title IX.  Those regulations put into place processes and procedures that rob the accused of their due process and the right to defend themselves against accusations.

Claiming that rape is an "epidemic" on college campuses, the Administration and willing educators have rushed to adopt new policies that work outside of normal police and criminal justice system involvement in investigation of a crime and replace it with self-appointed committees and college employees to investigate claims of rape and administer "justice" themselves.

A student accused of rape by a classmate on campus is subject to questioning by school administrators, is discouraged from retaining an attorney, never gets to question (or in most cases even see the complaint filed by) the accuser and any unwillingness to testify is held against him by those deciding his fate.  None of those involved in the process have forensic investigative training.  None are versed in jurisprudence.  And all of them have been charged not just by their bosses on campus but also by THE PRESIDENT OF THE UNITED STATES to "do something about rape on campus".  And findings of guilt are based on just a "preponderance of the evidence" (meaning 51% likelihood of being true) rather than being judged "beyond a reasonable doubt".

Compare that to someone accused of rape off-campus by someone who is not a fellow student.  Police--trained in the science of gathering forensic evidence--handle the investigation.  A prosecutor--knowledgeable in the likelihood of finding enough evidence to warrant a trial and conviction--would decide whether to file charges.  A judge would preside over that trial to ensure that the rights of all those involved are protected.  An attorney would defend the suspect and question inconsistencies in testimony along with challenging unacceptable evidence like heresay (e.g. "well I heard from someone that she told them"....) and a jury of the accused's peers would decide if they believe he is guilty beyond the doubt a reasonable person would have.

Supporters of the new college policies argue that "women are at such risk today" that due process needs to be put aside to "assure justice".  They add that the colleges are not conducting criminal investigations--and that expulsion is not nearly as serious as prison time for those found "guilty".  But I'm guessing that "expelled for rape" is no less injurious to a person's reputation as "jailed for rape".  The "rapist" label sticks both ways.

So keep your love life very separate from your school life, guys.  Think of it as an "added layer of protection".

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