About the "Star Chambers" festering on our college campuses.
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The Strange Justice Of Campus Rape Trials
Now that college hearings on rape and sexual assault are much in the news, particularly for their arbitrary procedures and unjust results, there's a basic question to answer:
why are colleges doing this at all?
Why do they need to develop their own investigative and punishment procedures to duplicate a process that already exists in the criminal justice system?
why are colleges doing this at all?
Why do they need to develop their own investigative and punishment procedures to duplicate a process that already exists in the criminal justice system?
Sexual assault is the only violent crime routinely investigated by college disciplinary tribunals. Imagine, for instance, the outcry if colleges claimed a right to investigate murders or attempted murders by students that occurred on campus.
Neither the Department of Education's Office for Civil Rights (OCR) nor the activists that have demanded weakened procedural safeguards have ever offered a convincing answer to this question: why should a college disciplinary system clearly unsuited for investigating murders nonetheless be tasked with meting out justice for alleged sexual assaults.
Nonetheless, as OCR made clear most recently in its settlement with SUNY, the agency believes that colleges have an independent duty to investigate claims of sexual assault--even when law enforcement concludes that the accuser is lying.
Neither the Department of Education's Office for Civil Rights (OCR) nor the activists that have demanded weakened procedural safeguards have ever offered a convincing answer to this question: why should a college disciplinary system clearly unsuited for investigating murders nonetheless be tasked with meting out justice for alleged sexual assaults.
Nonetheless, as OCR made clear most recently in its settlement with SUNY, the agency believes that colleges have an independent duty to investigate claims of sexual assault--even when law enforcement concludes that the accuser is lying.
Two high-profile pieces from earlier this year touched on the absurdity of failing to treat sexual assault as the crime that it is.
Writing in the Times' "Room for Debate," the Student Press Law Center's Adam Goldstein noted the odd concept of a major felony being "investigated and adjudicated by amateurs, in secret, without subpoena powers, a right to representation, or any kind of due process controls."
Moreover, he added, figures on all sides of the debate should understand that "when the best case outcome of the campus disciplinary process [expelled from school, but with 'a rapist walking the streets'] is the worst case outcome of the criminal justice process, you have to ask:
What is this process for?"
Goldstein closed with a simple message: colleges should "leave justice to the justice system."
Writing in the Times' "Room for Debate," the Student Press Law Center's Adam Goldstein noted the odd concept of a major felony being "investigated and adjudicated by amateurs, in secret, without subpoena powers, a right to representation, or any kind of due process controls."
Moreover, he added, figures on all sides of the debate should understand that "when the best case outcome of the campus disciplinary process [expelled from school, but with 'a rapist walking the streets'] is the worst case outcome of the criminal justice process, you have to ask:
What is this process for?"
Goldstein closed with a simple message: colleges should "leave justice to the justice system."
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