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All that touchy-feely rot is true.
guruilla » Wed Dec 09, 2015 4:53 pm wrote:Luther Blissett » Wed Dec 09, 2015 3:44 pm wrote:I find those four a-d examples wanting. I don't think less women are studying rape law because of trigger warnings and think that Straughan made it up. I don't think rape convictions are accelerating because of survivor testimony. I think that this retroactive inebriation revoked consent thing is an MRA fantasy devised in chatrooms and has no bearing on courts.
I respect your experience in the campus university and defer to it, while not taking it as a final proof of anything.
About the other ^^^, you may be right and if so it would be of great significance that such a distortion of truth was happening. However, simply telling us what you believe or don't believe carries zero information content except about you. I would think that you would want to find evidence to contest those claims being made by Straughan, which ought not to be hard to do, since if she is both ideologically unsound (i,e., under attack) and lying, then rightly indignant others before you will have already done this work and she will be in the process of being thoroughly and roundly discredited. I wouldn't think it would take more than a 5 minute internet search to find that evidence, if such is the case.
On the other hand, the MO with addressing slomo's data-based arguments seems to indicate, to me anyway (& I confess that I have been mostly unable to read/comprehend Jack's posts, as they seem to be very low signal-to-noise ratio), that a combination of sophistry with ideological conviction are standing in for actual arguments, much less real dialogue.
This could also be because I just don't agree and am blinded by my own ideological prejudices, in which case I apologize in advance. But I do wonder why Jack bumped this thread, as if to contain the situation and bring the battle to his own ground. If so, it may backfire, because the fire of imagined dissidence might only wind up spreading further across the board this way (ie, people start to wake up to seeing how they are being corralled, here and everywhere, into the "correct" thought patterns).
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Luther Blissett » Thu Dec 10, 2015 11:36 am wrote:After looking through all this, I can't even fathom where the idea comes from that there's some massive explosion in rapists being put away falsely.
Sounder wrote:I do not tell others what to think, AD not only does that, he also asserts that the other is a fundamentally bad person if does not choose to ‘deeply study’ revolutionary ‘theory’, presented through cut and paste articles written by well funded (materialistic and social Darwinist, read Fabian) ‘think’ tanks.
Luther Blissett » Thu Dec 10, 2015 12:27 pm wrote:Is there any evidence of the groundwork being laid to start putting innocent people away for false accusations of rape en masse?
a) rape law is being less and less studied and hence practiced (by women at least) because of its trigger content (wtf?);
b) the requirements for a rape conviction are being rapidly reduced until female testimony becomes sufficient unto itself.
c) the actual criteria for rape are becoming wider and wider/softer and softer, so that, for example, a woman's state of voluntary inebriation can be retroactively presented as evidence of rape
d) rape can also be determined by the "victim's" subsequent feelings about the experience, i.e., a woman can decide afterwards (even days after) that what she had considered consensual sex was actually a rape (perhaps because the guy doesn't come back for more, sorry to be crude, but sometimes the craziness of the context requires it).
Peer sexual assault is a significant problem on American college and university campuses. On April 4, 2011, the Office for Civil Rights of the Department of Education sought to address this problem by issuing a new “Dear Colleague Letter” that provided enhanced guidance on how educational institutions should adjudicate such incidents. The letter has the perverse effect of complicating matters further by blurring the already fine line between victim protection and due process for the accused, and it exposes a potential liability trap for educational institutions. This Note explains why the law surrounding victim protection and due process is difficult for institutions to apply and argues that the Department of Education should produce a model judicial policy so that institutions, victims, and accused students will have more certainty in this complicated arena. In furtherance of such a policy, this Note offers specific due-process protections for accused students that should be embraced by educational institutions and the Department of Education alike.
In July, Harvard University announced a new university-wide policy aimed at preventing sexual harassment and sexual violence based on gender, sexual orientation, and gender identity.
The new policy, which applies to all schools within the university and to all Harvard faculty, administrators, and students, sets up the Office for Sexual and Gender-Based Dispute Resolution to process complaints against students. Both the definition of sexual harassment and the procedures for disciplining students are new, with the policy taking effect this academic year. Like many universities across the nation, Harvard acted under pressure imposed by the federal government, which has threatened to withhold funds for universities not complying with its idea of appropriate sexual harassment policy.
In response, 28 members of the Harvard Law School Faculty have issued the following statement:AS MEMBERS of the faculty of Harvard Law School, we write to voice our strong objections to the Sexual Harassment Policy and Procedures imposed by the central university administration and the Corporation on all parts of the university, including the law school.
We strongly endorse the importance of protecting our students from sexual misconduct and providing an educational environment free from the sexual and other harassment that can diminish educational opportunity. But we believe that this particular sexual harassment policy adopted by Harvard will do more harm than good.
As teachers responsible for educating our students about due process of law, the substantive law governing discrimination and violence, appropriate administrative decision-making, and the rule of law generally, we find the new sexual harassment policy inconsistent with many of the most basic principles we teach. We also find the process by which this policy was decided and imposed on all parts of the university inconsistent with the finest traditions of Harvard University, of faculty governance, and of academic freedom.
Among our many concerns are the following:
Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following:
■ The absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.
■ The lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office, and the fact that that office is itself a Title IX compliance office rather than an entity that could be considered structurally impartial.
■ The failure to ensure adequate representation for the accused, particularly for students unable to afford representation.
Harvard has inappropriately expanded the scope of forbidden conduct, including by:
■ Adopting a definition of sexual harassment that goes significantly beyond Title IX and Title VII law.
■ Adopting rules governing sexual conduct between students both of whom are impaired or incapacitated, rules which are starkly one-sided as between complainants and respondents, and entirely inadequate to address the complex issues in these unfortunate situations involving extreme use and abuse of alcohol and drugs by our students.
Harvard has pursued a process in arriving at its new sexual harassment policy which violates its own finest traditions of academic freedom and faculty governance, including by the following:
■ Harvard apparently decided simply to defer to the demands of certain federal administrative officials, rather than exercise independent judgment about the kind of sexual harassment policy that would be consistent with law and with the needs of our students and the larger university community.
■ Harvard failed to engage a broad group of faculty from its different schools, including the law school, in the development of the new sexual harassment policy. And Harvard imposed its new sexual harassment policy on all the schools by fiat without any adequate opportunity for consultation by the relevant faculties.
■ Harvard undermined and effectively destroyed the individual schools’ traditional authority to decide discipline for their own students. The sexual harassment policy’s provision purporting to leave the schools with decision-making authority over discipline is negated by the university’s insistence that its Title IX compliance office’s report be totally binding with respect to fact findings and violation decisions.
We call on the university to withdraw this sexual harassment policy and begin the challenging project of carefully thinking through what substantive and procedural rules would best balance the complex issues involved in addressing sexual conduct and misconduct in our community.
The goal must not be simply to go as far as possible in the direction of preventing anything that some might characterize as sexual harassment. The goal must instead be to fully address sexual harassment while at the same time protecting students against unfair and inappropriate discipline, honoring individual relationship autonomy, and maintaining the values of academic freedom. The law that the Supreme Court and lower federal courts have developed under Title IX and Title VII attempts to balance all these important interests. The university’s sexual harassment policy departs dramatically from these legal principles, jettisoning balance and fairness in the rush to appease certain federal administrative officials.
We recognize that large amounts of federal funding may ultimately be at stake. But Harvard University is positioned as well as any academic institution in the country to stand up for principle in the face of funding threats. The issues at stake are vitally important to our students, faculties, and entire community.
[signees]
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