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Old 6th June 2018, 03:13 PM   #1
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Triple Jeopardy in College Sexual Assault Case Ends an N.F.L. Career

This is what injustice looks like.


Quote:
This is a story of a rape accusation that would not die and a misshapen version of college justice meted out in three chapters.

https://www.nytimes.com/2018/05/30/s...gan-state.html


In this case the accused is a black student, who was investigated twice, cleared (Or at least it was determined he could not be charged.) and then convicted on the third in a procedure which he didn't learn about until after he had been found guilty.
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Old 6th June 2018, 03:21 PM   #2
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Author of Until Proven Innocent

KC Johnson, who has been covering Title IX cases for some time, also has an essay on this case. Link
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Old 6th June 2018, 08:33 PM   #3
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Just a gut feeling, but I think that when the lawsuits finally end, MSU might end up being up **** Creek without a paddle. And I haven't an ounce of sympathy for them.
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Old 6th June 2018, 09:00 PM   #4
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This is a bloody disgrace. I'll bet he's not the only male student who has been denied due process and stitched up by a Title IX kangaroo court.

Perhaps his fellow victims of injustice should start a #metoo campaign..... (ETA not joking!)
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Old 7th June 2018, 03:47 AM   #5
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Originally Posted by smartcooky View Post
This is a bloody disgrace. I'll bet he's not the only male student who has been denied due process and stitched up by a Title IX kangaroo court.

He is not, here is a case from 2016 where the 'victim' has just pled guilty to making a false accusation. The 'perps' lost their scholarships. link


This is the problem with a system designed to give the 'victim' justice and the 'perp' the process they are due.
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Old 7th June 2018, 04:58 AM   #6
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Where's the kangaroo?

KC Johnson, Robby Soave, Ashe Schow, and Scott Greenfield are among the people who have covered some of the most problematic Title IX cases or discussed the rationale for using Title IX in the first place. Some of the people who were found "responsible" have sued and won; others have sued and should have one IMO: after hearing about the procedures in one case at UCSD, a judge asked "Where's the kangaroo?" yet did not find for the plaintiff of the suit.

Professor Johnson wrote, "Miami’s 'claim that no amount of cross-examination could have changed the minds of the hearing panel members,' the judge concluded, 'arguably undercuts the fairness of the hearing.' The 'arguably' was a nice touch."
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Old 8th June 2018, 03:57 PM   #7
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Originally Posted by Graham2001 View Post
He is not, here is a case from 2016 where the 'victim' has just pled guilty to making a false accusation. The 'perps' lost their scholarships. link

This is the problem with a system designed to give the 'victim' justice and the 'perp' the process they are due.
I was struck by how similar the incident was to the University of Virginia case; the woman thought that claiming she had been raped would get her a boyfriend.
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Old 8th June 2018, 05:20 PM   #8
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And this makes it tougher for those with real complaints.
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Old 8th June 2018, 09:58 PM   #9
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Originally Posted by dudalb View Post
And this makes it tougher for those with real complaints.
Those with real complaints should be going to the police, not university star chambers.
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Old 8th June 2018, 10:29 PM   #10
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WTF did I just read?

I can understand a school handling cheating, drugs, vandalism, or 'hate speech' stuff - with reasonable evidence of course - as a milder alternative to police/criminal court (and not in addition to it!).
But a serious felony like rape?
Only the criminal justice system should handle that.

Do they take armed robbery, and murder cases too?

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Old 11th June 2018, 07:23 AM   #11
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Originally Posted by Sherkeu View Post
WTF did I just read?

I can understand a school handling cheating, drugs, vandalism, or 'hate speech' stuff - with reasonable evidence of course - as a milder alternative to police/criminal court (and not in addition to it!).
But a serious felony like rape?
Only the criminal justice system should handle that.

Do they take armed robbery, and murder cases too?
Rape, armed robbery, murder, and other violent crimes are routinely handled through both pathways - criminal and civil. The government puts you in jail, and the family or victim sues you. If the government can't win a criminal conviction against you, the family or victim can still sue - see O.J. Simpson (they couldn't get a criminal conviction, but the victim's families sued him and stripped him of most of his remaining wealth).

These big universities are like small cities, they have regular police departments than can press criminal charges and send a person to jail if need be. But if the evidence is not strong enough for a criminal conviction, they can still go for civil charges, with a corresponding lower level of proof. Civil charges are enough to expel a person from the university, even if the evidence is not strong enough to get a criminal conviction. Civil charges are enough to create a record that will show up on some background checks, depending on the parameters of the check.

That's what they did here. That in itself it not bad, the problem is that many of the Uni's are not allowing for some of the basic elements of due process that normally apply even in civil cases. Which might have been the case here.
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Old 11th June 2018, 08:18 AM   #12
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Originally Posted by crescent View Post
These big universities are like small cities, they have regular police departments than can press criminal charges and send a person to jail if need be. But if the evidence is not strong enough for a criminal conviction, they can still go for civil charges, with a corresponding lower level of proof. Civil charges are enough to expel a person from the university, even if the evidence is not strong enough to get a criminal conviction. Civil charges are enough to create a record that will show up on some background checks, depending on the parameters of the check.

That's what they did here. That in itself it not bad, the problem is that many of the Uni's are not allowing for some of the basic elements of due process that normally apply even in civil cases. Which might have been the case here.
I'm struggling to understand how this can even be considered legal. Private institutions don't get to make up their own criminal and civil justice systems in the UK.
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Old 11th June 2018, 08:39 AM   #13
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Originally Posted by Information Analyst View Post
I'm struggling to understand how this can even be considered legal. Private institutions don't get to make up their own criminal and civil justice systems in the UK.
I don't know about the big private universities, I am thinking of state operated universities.

They don't have their own justice systems, at least not for criminal charges. They have their own police departments, but I think the charges they file would be for state, county, or municipal crimes, tried in state, county, or municipal courts. I admit to not being totally certain of that.

Civil jurisdiction may be another matter. That seems to be the issue in cases like this, where civil matters have not been addressed the same way they would be in "the real world", so to speak.

This is from my old University: Our Jurisdiction
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Old 11th June 2018, 10:25 AM   #14
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Originally Posted by Information Analyst View Post
I'm struggling to understand how this can even be considered legal. Private institutions don't get to make up their own criminal and civil justice systems in the UK.
Broadly because they are private institutions. For example clubs have policies over things like sexual harassment and assault that would result in expulsion from the club outside criminal and civil courts.

Private organizations can't have boards to oversee complaints against member that can result in expulsion?
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Old 11th June 2018, 10:48 AM   #15
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Originally Posted by crescent View Post
I don't know about the big private universities, I am thinking of state operated universities.

They don't have their own justice systems, at least not for criminal charges. They have their own police departments, but I think the charges they file would be for state, county, or municipal crimes, tried in state, county, or municipal courts. I admit to not being totally certain of that.
Having the police force directly tied to the institution would be unparalleled in the UK. A university can have it's on unarmed civilian security, but they wouldn't have any investigatory or police power.

Quote:
Civil jurisdiction may be another matter. That seems to be the issue in cases like this, where civil matters have not been addressed the same way they would be in "the real world", so to speak.
Here, whilst obviously universities can have their own disciplinary procedures for staff and students, they can't circumvent civil law, and I believe that some of the methods described in US cases would be illegal and more than open to litigation in the real courts.
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Old 11th June 2018, 10:53 AM   #16
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Originally Posted by ponderingturtle View Post
Broadly because they are private institutions. For example clubs have policies over things like sexual harassment and assault that would result in expulsion from the club outside criminal and civil courts.

Private organizations can't have boards to oversee complaints against member that can result in expulsion?
Sure, but their procedures would have to operate within the bounds of the law, both criminal and civil. Certainly a tribunal held in the absence of the "accused," would be wide open to legal challenge.

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Old 11th June 2018, 12:23 PM   #17
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But isn't the Title IX thing about federal funding at colleges?

And I thought somebody was scrutinizing the legality of whole Title IX thing?
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Old 11th June 2018, 02:43 PM   #18
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Originally Posted by casebro View Post
But isn't the Title IX thing about federal funding at colleges?

And I thought somebody was scrutinizing the legality of whole Title IX thing?
Title IX is one thing, the Obama Administration's 2011 "Dear Colleagues" Letter is the larger problem. It specifically allows for appeals of not guilty findings, and a the school must use a "preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred)." The letter specifically precludes the “clear and convincing” standard (i.e., it is highly probable or reasonably certain that the sexual harassment or violence occurred) required in civil proceedings.
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Old 12th June 2018, 06:02 AM   #19
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cross examination curtailed

Metullus,

I agree with you about the 2011 Dear Colleague letter. This letter also strongly discouraged cross examination of the accuser by the respondent (p. 12). Some colleges and universities make only a token effort to provide materials to the respondent (essentially the defendant) that would be available through discovery in the court system. My understanding of Scott Greenfield's position (he blogs at Simple Justice) is that he thinks that these curtailments of due process are at least as bad as the use of the preponderance of evidence standard. KC Johnson and Stuart Taylor's book took a comprehensive look at this system.
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Old 22nd June 2018, 06:33 PM   #20
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An interesting video put out by the Foundation for Individual Rights in Education (Which from what I can tell is not a right wing organization.) which discusses the whole 'due process' issue.


https://www.youtube.com/watch?v=YceJynAeYHU
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Old 25th October 2018, 04:07 AM   #21
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Originally Posted by Brainster View Post
Those with real complaints should be going to the police, not university star chambers.

With apologies for a very belated reply to this, but the Foundation for Individual Rights in Education just posted a discussion of a case, which does not appear to have made the media (yet), but which involves a university (University of Wisconsin) which seems to be using Title IX as a means to get around the Miranda Ruling.


The main article is linked below and covers a case in which a student is facing both Criminal and Title IX charges and wants to avoid the Title IX process so he can preserve his fifth amendment rights.


https://www.thefire.org/university-o...cused-student/


One of the quotes in their article comes from an 'Inside Higher Ed' piece on 'Making Title IX Work' which finishes with this (Also quoted by FIRE.)


Quote:
She also described a case at Wisconsin, in which the Title IX investigation was the only reason police were able to arrest a student accused of raping his roommate’s girlfriend.


The accused student denied the charges when interviewed by police, Riseling said. In his disciplinary hearing, however, he changed his story in an apparent attempt to receive a lesser punishment by admitting he regretted what had occurred. That version of events was “in direct conflict with what he told police,” Riseling said. Police subpoenaed the Title IX records of the hearing and were able to use that as evidence against the student.


“It’s Title IX, not Miranda,” Riseling said. “Use what you can.”

https://www.insidehighered.com/news/...more-effective
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Old 25th October 2018, 04:43 AM   #22
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crazy legs end run

From your link, "This is a stunning admission from a campus administrator; the state (in the employee of a university) used an end-run around Miranda to assist local law enforcement (another state agency) to obtain a conviction of a student." Advocates for the post-2011 system sometimes point out to the supposed failings of the criminal justice system as a justification for the parallel system, the one ostensibly based on Title IX. Somehow the problem of defending oneself in both systems never comes up.

"Finally, courts have at their disposal several tools not currently in use in many university disciplinary proceedings. Discovery, subpoena power, rules of evidence, and requiring that people testify under oath on penalty of perjury help ensure that as much relevant evidence as possible is admitted and considered by the court. None of those processes exist in a university Title IX investigation." This needs to be highlighted in all discussions of the post-2011 system.
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Old 19th January 2019, 08:19 PM   #23
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Found another case FIRE is covering (Again this has not hit the media.)


Here is the summary from their website


Quote:
The case stems from a sexual encounter between the plaintiff, an Ole Miss student proceeding under the pseudonym Andrew Doe, and his date to a fraternity formal. His date, a fellow student known by the pseudonym Bethany Roe, never filed a complaint against Doe. According to Doe’s lawsuit, the complaint was filed by one of Roe’s friends, and Roe herself told law enforcement that although both students had been drinking, the sex had been consensual. Roe did not participate in the campus disciplinary proceedings against Doe.

https://www.thefire.org/court-exclus...rocess-rights/


So what you have here is a situation where a third party made the complaint on behalf of the 'Victim' whose statements were ignored by the court, because they didn't fit the narrative held by the investigators.


And now of course it's in the courts.
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Old 19th January 2019, 08:49 PM   #24
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I hope these schools get the (feces) sued out of them.
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Old 19th January 2019, 08:54 PM   #25
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Originally Posted by smartcooky View Post
This is a bloody disgrace. I'll bet he's not the only male student who has been denied due process and stitched up by a Title IX kangaroo court.

Okay, so there's a whole lot being misunderstood in this thread. The ability to go to a specific college is not a "right" and it's certainly not a right granted by the government. So the entirety of Constitutional law, including due process and double jeopardy, does not apply. In fact, no civil law applies either. The absolute most a university can do is expel a student. It can't grant damages to a plaintiff.

If one wants to argue that education should be a right guaranteed by the government and that colleges should act as arms of the government, one certainly can. However, that would require a wholesale rewriting of the current law.


Originally Posted by Sherkeu View Post
I can understand a school handling cheating, drugs, vandalism, or 'hate speech' stuff - with reasonable evidence of course - as a milder alternative to police/criminal court (and not in addition to it!).
But a serious felony like rape?
Only the criminal justice system should handle that.

Do they take armed robbery, and murder cases too?

They do take robbery and murder cases, but only to the extent of determining whether to expel a student (or remove a scholarship or something school related). They're not trying crimes and they are not handing out criminal punishments. Your college honor council can't send you to college jail.


Originally Posted by crescent View Post
These big universities are like small cities, they have regular police departments than can press criminal charges and send a person to jail if need be.

Not quite. Big (or even small universities) may have their own campus police department. However, that department would be set up by the municipality in which the college is located. Otherwise, they can have security guards who really have no police powers whatsoever.

In all cases, it is the district attorney for the municipality who chooses whether to bring criminal charges. Police can't charge a person with a crime. The most police can do is recommend to the state's attorney that charges be brought.


Quote:
But if the evidence is not strong enough for a criminal conviction, they can still go for civil charges, with a corresponding lower level of proof. Civil charges are enough to expel a person from the university, even if the evidence is not strong enough to get a criminal conviction.

Colleges are not required to wait for some civil suit brought by a plaintiff claiming harm before they convene a hearing to expel a student. They can do that on their own.


Quote:
That in itself it not bad, the problem is that many of the Uni's are not allowing for some of the basic elements of due process that normally apply even in civil cases. Which might have been the case here.

And I think there's a good argument to be made that they should have some sort of process in writing and ensuring that the accused student has an opportunity to present a defense. That's not the current state of the law, though. When it came down to it, all the Obama Administration could do to influence how colleges treat these matters is send them a letter.


Originally Posted by Information Analyst View Post
I'm struggling to understand how this can even be considered legal. Private institutions don't get to make up their own criminal and civil justice systems in the UK.

And no university could impose either a criminal or civil penalty in the US, either. They can, however, choose not to allow a person to attend their college. The Admins on this privately-owned message board can choose to ban a member. That's not a criminal or civil penalty, either.


Originally Posted by Information Analyst View Post
Sure, but their procedures would have to operate within the bounds of the law, both criminal and civil. Certainly a tribunal held in the absence of the "accused," would be wide open to legal challenge.

Only if the college violates its own written rules. And Title IX schools are required to have at least some of this stuff in writing. However, they are not currently required to adhere to criminal or even civil due process standards.

As a lawyer, I handled the "defense" of several students who were being facing expulsion from college. Usually, I wasn't even allowed in the room during the hearing. Do I think more "criminal-style" protections should apply? Personally, I do. Do I think students should get full-blown Constitutional protections as if they were facing a criminal court? Probably not. There's a reasonable middle ground in there somewhere. I think the school should at least have to personally hand-deliver notice to the student in writing or show cause why they could not. That would be a start.
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Old 19th January 2019, 09:28 PM   #26
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Whoa....

The amount of misinformation recently provided in this thread is unbelievable. Of course due process principles apply to Universities, particularly public universities.

See for example. http://www.opn.ca6.uscourts.gov/opin...8a0200p-06.pdf

University police forces are not set up by local municipalities...

All that Obama could do was not send them a letter, it was what they did, but they obviously could have done more, as proven by the fact that De Vos has issued regarding that are in line with jurisprudence like the sixth circuit case I just cited...

Just a bit at a loss here...
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Old 19th January 2019, 09:58 PM   #27
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Originally Posted by Loss Leader View Post
Okay, so there's a whole lot being misunderstood in this thread. The ability to go to a specific college is not a "right" and it's certainly not a right granted by the government. So the entirety of Constitutional law, including due process and double jeopardy, does not apply. In fact, no civil law applies either. The absolute most a university can do is expel a student. It can't grant damages to a plaintiff.
Wow, it only took you seven months to reply, and even then, that reply didn't even address any of what I posted.

My concern is the denial of due process - the student had a complaint made against him was cleared and then tried, convicted and found guilty without even being informed he was on trial (so no opportunity to defend himself). Its the stuff of the of KKK Kangaroo courts of the Old South - only the punishment is less severe.

Campus Cops are just glorified Mall Cops - they should only have authority to detain until real Cops can take over, then charges should only be allowed to be made by real legal authorities.
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Old 19th January 2019, 10:47 PM   #28
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Originally Posted by The Big Dog View Post
Whoa....

The amount of misinformation recently provided in this thread is unbelievable. Of course due process principles apply to Universities, particularly public universities.

See for example. http://www.opn.ca6.uscourts.gov/opin...8a0200p-06.pdf

University police forces are not set up by local municipalities...

All that Obama could do was not send them a letter, it was what they did, but they obviously could have done more, as proven by the fact that De Vos has issued regarding that are in line with jurisprudence like the sixth circuit case I just cited...

Just a bit at a loss here...
Oh look, bringing up Obama in 2019.

Fantastic!
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Old 19th January 2019, 11:31 PM   #29
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Originally Posted by Lambchops View Post
Oh look, bringing up Obama in 2019.

Fantastic!
Good spot...

Hooboy!
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Old 20th January 2019, 02:13 AM   #30
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Originally Posted by Lambchops View Post
Oh look, bringing up Obama in 2019.

Fantastic!
To be fair, Loss Leader was the one who brought up Obama.
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Old 20th January 2019, 11:45 AM   #31
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Originally Posted by Hevneren View Post
To be fair, Loss Leader was the one who brought up Obama.

No, I wasn't. From earlier in the thread:

Originally Posted by Metullus View Post
Title IX is one thing, the Obama Administration's 2011 "Dear Colleagues" Letter is the larger problem. It specifically allows for appeals of not guilty findings, and a the school must use a "preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred)." The letter specifically precludes the “clear and convincing” standard (i.e., it is highly probable or reasonably certain that the sexual harassment or violence occurred) required in civil proceedings.
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Old 20th January 2019, 11:56 AM   #32
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Originally Posted by Hevneren View Post
To be fair, Loss Leader was the one who brought up Obama.
Good spot...

HooBoy!
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Old 20th January 2019, 11:58 AM   #33
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Originally Posted by Loss Leader View Post
No, I wasn't. From earlier in the thread:
You're the first one to bring it up in this thread... this year.
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Old 20th January 2019, 12:44 PM   #34
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Originally Posted by Loss Leader View Post
That's not the current state of the law, though. When it came down to it, all the Obama Administration could do to influence how colleges treat these matters is send them a letter.
Originally Posted by Lambchops View Post
Oh look, bringing up Obama in 2019.

Fantastic!
Originally Posted by smartcooky View Post
Good spot...

Hooboy!
Originally Posted by Loss Leader View Post
No, I wasn't. From earlier in the thread:
Wow.
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Old 20th January 2019, 04:33 PM   #35
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I'm not sure what the big deal is. Whatever you think I said, my intent was to argue that the federal government currently does not have the authority to force colleges (even public ones) to adhere to certain due process and/or double jeopardy standards. An example of this was the Obama Admin's letter. That's all they could do - suggest guidelines. And I doubt Trump has any inclination to push the matter further. That's the state of the law.

Honestly, I am at a loss as to what in my statement was in any way controversial.
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Old 21st January 2019, 01:33 PM   #36
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Originally Posted by Loss Leader View Post
I'm not sure what the big deal is. Whatever you think I said, my intent was to argue that the federal government currently does not have the authority to force colleges (even public ones) to adhere to certain due process and/or double jeopardy standards. An example of this was the Obama Admin's letter. That's all they could do - suggest guidelines. And I doubt Trump has any inclination to push the matter further. That's the state of the law.

Honestly, I am at a loss as to what in my statement was in any way controversial.
There is nothing controversial about it, it is simply wrong.

https://www.ed.gov/news/press-releas...ess-rights-all

The Dear Colleague letter was a clear example of a failure to act, which led to courts filling in the gaps. The new administration is acting to establish binding regulations that will have the force of law.
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Old 21st January 2019, 05:43 PM   #37
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Originally Posted by Graham2001 View Post
With apologies for a very belated reply to this, but the Foundation for Individual Rights in Education just posted a discussion of a case, which does not appear to have made the media (yet), but which involves a university (University of Wisconsin) which seems to be using Title IX as a means to get around the Miranda Ruling.[/url]
Originally Posted by Chris_Halkides View Post
From your link, "This is a stunning admission from a campus administrator; the state (in the employee of a university) used an end-run around Miranda to assist local law enforcement (another state agency) to obtain a conviction of a student." Advocates for the post-2011 system sometimes point out to the supposed failings of the criminal justice system as a justification for the parallel system, the one ostensibly based on Title IX. Somehow the problem of defending oneself in both systems never comes up.

Other problems with this particular issue have been brought up by others; so I won't bother with those, but there is a problem noted that does not seen to have been addressed.

This is not a violation of or "end run" around Miranda. Miranda rights only cover any statements you may make to or in the presence of law enforcement officials acting in a legal capacity. Miranda rights mean that you cannot be compelled to incriminate yourself, by being forced into admitting wrongdoing, or otherwise saying anything which may negatively affect your defense against accusations of wrongdoing. That's why it's a "right to remain silent". A right to keep your mouth shut, not a right to blab on and on without consequences.

Miranda absolutely does not apply to anything you do actually say, out loud or in writing, whether you're talking to law enforcement or anyone else. If you admit to witnesses that you committed a crime, then that can absolutely be used against you exactly the same way any other witness evidence is.

This individual denied he committed the crime, and got off scot-free, legally. He then went full idiot and openly admitted to committing the crime to the university tribunal, who are private citizens not covered by the sorts of limitations put on government agents like law enforcement.

The moral of this particular story is that if you're going to lie to police about committing a crime, then you should stick to the story, keep your yap shut, and not admit to anyone else that you did actually committed the crime, especially not someone with a vested interested in seeing you prosecuted for the crime you just admitted to.
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Old 22nd January 2019, 03:21 AM   #38
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Originally Posted by The Big Dog View Post
There is nothing controversial about it, it is simply wrong.

https://www.ed.gov/news/press-releas...ess-rights-all

The Dear Colleague letter was a clear example of a failure to act, which led to courts filling in the gaps. The new administration is acting to establish binding regulations that will have the force of law.
This only applies to courses and programs that receive Federal Funding. It would have zero effect on any University that does not.
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Old 22nd January 2019, 05:15 AM   #39
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It might be interesting to check states where the Democrats control the legislature and see how many of them have sexual assault laws on the books (or pending) where the complainant is referred to as 'victim/survivor' and the accused is referred to as 'perp/assailant' or requires that proof be provided by the accused that consent was given at each 'stage' of the process for it to not be classed as sexual assault. California's SB967 falls under the last category.


https://www.thefire.org/california-s...e-consent-law/
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Old 22nd January 2019, 03:24 PM   #40
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What actually transpired is unclear to me.

Originally Posted by luchog View Post
Other problems with this particular issue have been brought up by others; so I won't bother with those, but there is a problem noted that does not seen to have been addressed.

This is not a violation of or "end run" around Miranda. Miranda rights only cover any statements you may make to or in the presence of law enforcement officials acting in a legal capacity. Miranda rights mean that you cannot be compelled to incriminate yourself, by being forced into admitting wrongdoing, or otherwise saying anything which may negatively affect your defense against accusations of wrongdoing. That's why it's a "right to remain silent". A right to keep your mouth shut, not a right to blab on and on without consequences.

Miranda absolutely does not apply to anything you do actually say, out loud or in writing, whether you're talking to law enforcement or anyone else. If you admit to witnesses that you committed a crime, then that can absolutely be used against you exactly the same way any other witness evidence is.

This individual denied he committed the crime, and got off scot-free, legally. He then went full idiot and openly admitted to committing the crime to the university tribunal, who are private citizens not covered by the sorts of limitations put on government agents like law enforcement.

The moral of this particular story is that if you're going to lie to police about committing a crime, then you should stick to the story, keep your yap shut, and not admit to anyone else that you did actually committed the crime, especially not someone with a vested interested in seeing you prosecuted for the crime you just admitted to.
"The accused student denied the charges when interviewed by police, Riseling said. In his disciplinary hearing, however, he changed his story in an apparent attempt to receive a lesser punishment by admitting he regretted what had occurred. That version of events was “in direct conflict with what he told police,” Riseling said. Police subpoenaed the Title IX records of the hearing and were able to use that as evidence against the student." Inside Higher Ed.

I am extremely hesitant to equate an admission of regret to an admission of guilt of committing a crime. I am also a bit hesitant to accept Riseling's characterization as accurate without support.
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