The university policies that restrict accused's right to due process and lower the burden of proof to the lowest possible setting have been discussed at length and are not even disputed by your side.
I dispute it. You have offered no evidence to the contrary.
The link entitled Vassar gives Yu's side of the story and then of course, the woman must be lying because Yu was purportedly a virgin and also the daughter of a geology professor (i.e. privileged skank). Never mind that two witnesses suggest that she appeared drunk at the time.
First of all, I am not saying that she "must be lying" (although it is likely given the evidence available to us).
Which evidence is that, exactly? Yu's version of the incident plus two eye witnesses who state that she appeared to be drunk? How shocking that the person who is accused of rape denies that it was rape. Thank heavens that accused rapists are known for their honesty and forthrightness.
If I've missed evidence, other than Yu's testimony, plus witnesses who say she appeared drunk, please point it out to me.
That you assume this means that you have internalized the "presumed guilty until proven innocent" doctrine, i.e. that you think the only way a male student accused of rape or sexual assault should avoid punishment is to prove that "the woman was lying".
That you can make such a statement demonstrates that your assumption is that women always lie about rape and that men are all hapless victims of women.
But the burden of proof should always be on the accuser. If it can't be proven she was assaulted, he should not be punished in any way. The only purpose proving she was lying should serve is when it comes to punishing her. If we can't prove either way nobody should be punished.
You have posted no evidence that the burden of proof does not lie with the accuser. You have posted no evidence that the burden of proof was not met in this case.
However, you continue to confuse university disciplinary policies and procedures with criminal law. They are not the same, nor are the consequences the same.
You have offered only one sided 'evidence.' Yu's version of events might be factually correct; they might be partially correct or complete fabrication. If you can provide more information that speaks to evidence, it would be appreciated.
All this should be noncontroversial in a civilized society. It is very sad that many disagree with it in the name of "protecting" female students no matter whose rights get violated in the process.
It would be sad and wrong indeed if anyone believed that the mere accusation of rape should result in severe consequences for anyone else. It is sad that you still seem to believe that rape only happens to girls and to women.
Second, the girl or the college never challenged the claim that she only brought her accusation a year after the alleged incident. Why didn't she contact the police right away? Why didn't she seek medical help? If she was really raped or assaulted, why wait that long? Specifically, why wait until the very last moment to file the claim? That shows calculation.
Can you demonstrate that your assertions are true? We have only Yu's side of things.
It is not unusual for a rape victim to not contact the police or to not seek out medical help. A victim of rape is traumatized and often overwhelmed with attempting to process events and often is not functioning at his or her highest level.
Third, about the alleged witnesses that saw her "appear drunk". Being (or appearing) drunk doesn't mean she was unable to consent. Also, how drunk was he?
Since it is your link, perhaps you can point out the portion which states that Yu was impaired in any way.
Sauce of the gander should be sauce for the goose. But colleges disagree. Drunkenness, according to them, renders a female incapable to consent but it has no such effect on the male.
Please link to any university policy which states the above.
Furthermore, I am very skeptical of the ability of these alleged witnesses to recall who appeared drunk on a specific night a year earlier. Who are these alleged witnesses? Friends of the accuser? Was their identity disclosed to the accused? Was he able to cross-examine them?
Derec, it's your link. Why ask me?
Fourth, you have ignored exculpatory evidence. Rightly, there should not be any need for it given that inculpatory evidence is so sparse as to be virtually non-existent.
"Evidence" whether inclulpatory or exculpatory is decidedly sparse and is limited to Yu's version of events almost entirely. Why would you think that he would be likely to give 'evidence' which would implicate himself?
But it further illustrates the travesty of justice Vasser committed here. To wit, the accused and the accuser were exchanging friendly messages in the year between the alleged incident and her filing the accusation. Now if she was really raped why would she continue to have voluntary and friendly contact with the accused?
Again, according to Yu. However, to answer your question: I have talked about the fact that over a period of several years, a member of my extended family attempted to rape me and did in fact commit lesser sexual assaults and even attempted to kill me, in front of witnesses, no less. Yet, I still attended events where he was present, for a variety of reasons. I told no one, again, for a variety of reasons. We had normal conversations and interactions, in fact. I would begin to believe that whatever happened was some isolated incident and would never happen again. But it did happen again, periodically for some few years.
Fifth, the point of her father being professor was not that she is a "privileged" (that's progresso-authoritarian language just like "micro-aggressions") but that the guy was judged by professors (i.e. her father's colleagues) after Walker requested that no students be present in the tribunal.
Don't be ridiculous. I am married to an academic and I know very well how thin that 'privilege' is. I used the term for your benefit, not because I felt it fit.
How many female students has Vasser expelled after a mutually drunken hookup? The wording might be gender neutral, but the application is very gender specific. Female accuses a male of sexual assault a year later, there is no evidence the encounter was non-consensual, male student gets expelled regardless.
Again, there is no evidence that the sex was non-consensual. None whatsoever (if there is please present it or forever hold your peace). Yet the male student was expelled.
The only 'evidence' you have presented is Yu's version of events which do not entirely support his claims. If you have other evidence, please link it.
If you have evidence that male students are being expelled on the word of female students, please submit such evidence with links. Or forever hold your peace, since I am certain you wish to be held to the same standards you are attempting to hold me.
Anyway, if I was on the jury I'd vote to give Yu Vasser's entire endowment for punitive damages. What that college did was unconscionable.
Also I think every male student unjustly expelled should file a lawsuit and force the colleges to defend their actions in actual court (as opposed to their own kangaroo variety). Last but not least this seems the only way to make the identity of the accusers public. Without the lawsuit we would not have known that the name of the girl in question is Mary Claire Walker for example.
So glad that you have such a good handle on context of harm done, if indeed, harm was done.
Why not go all the way and put her in stocks and make her wear clothing embroidered with a giant red letter A?