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Drunk male, sober female, and yet he is still a "rapist" according to Amherst College

You have yet to prove that all feminist, most feminists, or even a significant minority of feminists are just out to get men at any and all costs. You used one quote, outside of any context, to show how evil feminists are.
I have provided examples of attitudes of radical feminists. I can't possibly quote them all.

You List accounts of false allegations or allegations believed to be false and say ... what exactly? That rapists are a figment of the collective imagination of society? women? feminists?
I would say the so-called "rape culture" is a figment of the feminist imagination, not rape itself.
We are now witnessing feminists demanding (and usually getting) increasingly strict laws regarding rape passed, mostly focused on making it easier to punish the accused even with scant evidence. These demands usually ignore or downplay the reality of false and dubious rape allegations like Duke, Hofstra, Vasser, UGA, UND, Columbia, Amherst etc.

You scour the internet looking to find Op Eds that you believe prove whatever point you are trying to make and say AH HA!!!! EVIL FEMINISTS ARE OUT TO GET MEN!!!
Well, evil feminists are demanding laws/rules be changed to make it ever easier to expel male students even with little to no evidence. That much is undeniable.

Tell me Derec, if you manage to convince the world of your beliefs, then what? what do you think should be done with all the radical feminists? What is your endgame?
For one, politicians like Obama, Biden, Jerry Brown and Cuomo should stop listening to them and respect the rights of the accused male students. Universities should stop give radicals tenured positions just because they are radical.
 
The criminal proceedings and the college disciplinary proceedings are two separate things. One is not dependent on the other. The college doesn't have to wait for the criminal process to conclude before it can proceed with its own internal disciplinary process, and the cops don't have to wait and see what the college does about an alleged Code of Conduct violation before they proceed with a criminal investigation.

I am curious. When police determine that there is probable cause that the accuser lied and charge her with a crime, is it still ok for the college to expel the accused? That's what happened at University of North Dakota.
 
The OP incident took place at Amherst. That's where a male student allegedly forced a female student to continue to give him oral sex after she pushed away and tried to stop. The Occidental College incident is the one where an underage female student experiencing stress and anxiety over having had sex while drunk sought advice from friends and school employees. It might involve a feminist but I highly doubt the bogeywoman was involved.
The person who convinced her that the consensual sex she had was "rape" was the radical feminist professor Danielle Dirks. And to her bogeymen are athletic male valedictorians from good families. :rolleyes:
 
Apparently you missed the part where she claims he forced her to have sex - that is the issue. Not whether someone was drunk since had been drinking to some extent.
If a drunk female can't consent (as feminists love to claim), then how can a drunk male consent?
 
That's because you insist in remaining ignorant about the actual specifics of the case. Ms. Doe does not deny she had consensual sex with Mr. Doe. She claims they consensual sex, but after he suggested she have sex with others, she said no and wanted to stop. Then she claims he forced her to continue.

Except that if she had consensual sex and then was raped she hardly would have claimed that she "fucked" him. The apologetics of this girl remind me of Christian apologists. Like how one gospel says both terrorists crucified with Jesus mocked him and another says one mocked him and the other defended him but apologists say that one changed his mind to make both "right" even though no gospel writer would have written what they wrote if they really thought the harmony is what really happened. Just like here, if she really thought at the time she was raped, she hardly would have written that she fucked him.

In addition, it is alleged that Mr. Doe said (or it was interpreted by someone that he said) that he have, in essence, raped her.
Interpreted by whom exactly?

I think it is a hard stretch to judge this as a case of regret. Since both parties were inebriated, one or both may be misremembering what actually happened.
It is clear that he never should have been expelled given the evidence we have. Given that he, unlike her, was very drunk a better case could be made for expelling her. But that would not be politically correct comrade!
 
Is the victim required to continue to live in the same dormitory and attend the same classes as the rapist if the victim does not wish to drop out of school?
If there is no evidence she was actually raped the college should not expelled the (likely innocent) male student just because the female says she is uncomfortable. Even if she takes to carrying a mattress and making amateur porn.
And by calling the accuser a "victim" you are presuming guilt already.

What responsibility does the university have to provide a safe environment for its students? Doesn't 'hostile environment' apply to institutions of higher learning as well as the work place?
The university has equal responsibility toward their male students you know. For example, Columbia definitely created a hostile environment when they allowed Mattress Girl to carry the mattress for credit, including to their mutual graduation (despite a rule against students carrying stuff at the ceremony).
Suspension and expulsion are far less serious than a criminal conviction.
True, but they are still serious and should not be handed out lightly. Certainly not merely on a female's say-so.
 
I have provided examples of attitudes of radical feminists. I can't possibly quote them all.

You List accounts of false allegations or allegations believed to be false and say ... what exactly? That rapists are a figment of the collective imagination of society? women? feminists?
I would say the so-called "rape culture" is a figment of the feminist imagination, not rape itself.
We are now witnessing feminists demanding (and usually getting) increasingly strict laws regarding rape passed, mostly focused on making it easier to punish the accused even with scant evidence. These demands usually ignore or downplay the reality of false and dubious rape allegations like Duke, Hofstra, Vasser, UGA, UND, Columbia, Amherst etc.

You scour the internet looking to find Op Eds that you believe prove whatever point you are trying to make and say AH HA!!!! EVIL FEMINISTS ARE OUT TO GET MEN!!!
Well, evil feminists are demanding laws/rules be changed to make it ever easier to expel male students even with little to no evidence. That much is undeniable.

Tell me Derec, if you manage to convince the world of your beliefs, then what? what do you think should be done with all the radical feminists? What is your endgame?
For one, politicians like Obama, Biden, Jerry Brown and Cuomo should stop listening to them and respect the rights of the accused male students. Universities should stop give radicals tenured positions just because they are radical.

You want politicians to stop listening to people you don't like? You want the rights of the accused to be respected because they are not being respected and you have proof that this is a general practice in need of some sort of legislation or procedural remedy, correct? And you want people you think are radical (and radical is synonymous with evil) to not get tenure because you know best how to properly lead the career path of professors and the employment practices of universities?
 
No, it isn't. But feel free to link to widely accepted feminist treatises you have actually read and can accurately summarize to demonstrate your point. Quote mines don't count.
You are confusing me with a guy who would willingly read through feminist treatises. But subjecting oneself to hundreds of pages of their drivel is not necessary - their articles are sufficient. Just look at feminist support for these new rape laws that make it easy to expel innocent male students. Or feminists like Jessica Valenti supporting reversal of burden of proof for rape cases. Or feminists being against making divorce laws more equitable between genders.

You have cases in which males were punished, but you don't have evidence the outcome was the result of misandry.
If a male and a female student are both drunk and engage in consensual sex and the male student gets expelled what would you call it? If colleges were in the habit of only punishing the female students under these circumstances you would not have any difficulties calling it misogyny.

Suppose a college has a first-past-the-post system for identifying victims and alleged perpetrators, where the student who first reports a mutual drunken sexual encounter gets the benefit of the doubt? That's a system that could be exploited to a person's advantage, but it's gender neutral. Men like Charlie reporting they were mounted without consent would get the same consideration as women.
First of all, that system is extremely unjust as well. If an investigation determines that two people engaged in same behavior the college should not selectively punish only one of them.
Second, there is no evidence that this is what colleges are doing rather than sexism. In case after case it is the male getting expelled and you and other feminists are just fine with that.

If men are more likely than women to commit sexual assaults (which they are), and women are more likely than men to come forward when they are the victim of a sexual assault (which they are), then men are more likely than women to face a disciplinary board as an alleged assailant, and women are more likely than men to go before one as an alleged victim. Simply pointing out that women are usually considered victims and men assailants doesn't prove anything about misandry being a factor. You have to show that gender bias is influencing the outcomes.
If men and women are actually determined to have done the same thing (like at Occidental) then only punishing the male is unjust. And since it only happens to men, gender bias is evident, especially in light of sexist feminist screeds about the alleged "rape culture".
Furthermore, if the female has sex with a drunk man (like at Amherst) it is still the male who gets expelled. And yet you still deny feminist anti-male bias. :rolleyes:

Where is the evidence these rules are only being enforced against males? That is the central part of your claim. It needs more support than a scattershot of cases in which the only unifying factors are the guy got expelled and you blame feminists.
Do you have any case of a female getting expelled for sex with a drunk male student? In case after case it is the male student who gets expelled even when he did nothing wrong.

"yeah, that's gender bias, which I oppose BTW because I'm a feminist".
LMFAO!

How much did her status as a minor affect the charges and the outcome?
It didn't bother the police when they concluded it was consensual, so why should it bother the university? They were both freshmen, they were both around 18, they were both drunk, they both engaged in consensual sex. The male student gets expelled, the female student gets protected as a "victim" because a radical feminist professor convinced her she was "raped" when she clearly wasn't.

Did she get victim status because she claimed it, and he didn't because he never reported being victimized?
Why should that matter one iota if the facts show they both did the same thing? Also would the feminist professor have told him that he was "raped"? No way in hell, because that doesn't fit the feminist party line.

Has something like this happened before? If so, what was the outcome? You have to consider those factors before you can say there's evidence of men being unfairly disadvantaged at Occidental. And then you have to show evidence of the same unfairness at other colleges before you can say there's a pattern of gender bias in these systems. And then you have to show how it derives from feminism before you can say the feminists are to blame.
In case after case there are male students being expelled under very dubious circumstances. In the case of University of North Dakota, police determined the female was lying and issued a warrant for her arrest. That didn't matter to the university who expelled him anyway.

Okay, so I listed some of the facts of the case and you responded with quibbles and blaming everything on feminism. What is the point here? Are we going to argue whether the legal age for drinking should be lower
I think it should be but that's beside the point. The point is that the two did the same thing, yet only the male got punished.

or if schools should be required to report adults who have sex with minors on campus?
They are basically the same age.

That topic should have it's own thread. But if we're going to discuss unequal treatment of students then let's focus on that.
Yes, let's. They did the same thing, yet only the one with a penis got punished. Because feminism.

I agree that the treatment of both students was unequal despite their rule breaking behavior being pretty much the same. I would like to know why.
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No it doesn't.
Why not?

1) All you have shown are the results of apparently flawed systems. You haven't presented the means necessary to separate out the results of a flawed gender-neutral system from a flawed gender-biased system or a well functioning gender-biased system. Why was she treated as a victim? Is it because she is the one who reported being victimized, or because she was a minor and he was an adult? Did she get leniency in exchange for cooperating with the board as it investigated the alleged sexual misconduct? You haven't shown which, if any, of these possibilities affected her status in the eyes of the disciplinary board.
It's her having a vagina. That makes her automatic victim just like having a penis makes one an automatic "rapist" as far as feminism goes.

2) Saying something is the result of feminism without showing decent evidence that feminism affected the outcome is like saying "God did it". That's an explanation that only satisfies the believers.
No. Denying clear feminist gender bias is like apologists denying the Bible contradictions and inventing increasingly complex scenarios to justify inerrancy.

3) What you are describing is misandry, not feminism.
Much of contemporary feminism entails misandry.

That sounds like a good reason to be sober when choosing your sex-buddies.
Sobriety doesn't cure crazy. Also, what you wrote sounds a lot like victim blaming.

However, if there is evidence one of them used force or coercion on the other before or during the encounter, as there is in the case presented in the OP, then the consequences for that student should be more severe. At the very least, the use of force merits expulsion.
Except that there is no evidence that the male student used "force or coercion" in the OP (Amherst) case.

You just agreed that Ben was raped because his consent was coerced but now you're saying reluctant consent counts as valid consent. So if Ben described what he was feeling as "reluctant" rather than "feeling coerced" , does that make the encounter okay in your book?
Not ideal, but it should surely not be actionable either by state nor colleges. If your girlfriend is not satisfied with the frequency of sex and threatens to leave you if you don't do it more often and you do it even though you are not enthusiastic about it, did she rape you every time you had sex over and beyond the old frequency? By the way, feminist Ms. Magazine includes that in their definition of "rape", at least when it happens to a female.
It's just ridiculous to put strict conditions on consent like that. All that matters is that a) consent was freely given and b) that the person was capable of giving it. Anything else is a dangerous slippery slope.


The reason for his reluctance, in this case his fears for what might happen if he said no to the woman who slashed her legs before breaking into his home to demand sex, are no obstacle to the sex being considered consensual?

Home invasion certainly is. That's a bit more than reluctant consent though.

Suppose we use the term "unencumbered" to denote an agreement to have sex free from coercion, trickery, and manipulation. Ben did not actually want to have sex with his ex- but he feared a worse outcome if he didn't. His consent was affirmative but not unencumbered. Does that mean he really did consent, or that he really didn't?

Trickery or manipulation? That, like your requirement for "sober" and "enthusiastic" consent would make a large percentage of people into rapists. Is a person who lies about their age, marital status, occupation or level of feelings for the other a rapist?

She used that as an example of pressure tactics and coercion to force a non-consenting person into performing or allowing sex acts they don't want. If a couple must both contribute to pay the rent or cooperate to get themselves to work each day, a threat by one to end the relationship is a threat to make the other homeless or jobless or both. That's some serious leverage.
Nobody should be forced to continue in a relationship they no longer want to be in. Nobody should be forced to house a person they do not want to house. And sex is an important component of most relationships and a valid deal-breaker. If a woman threatens to break up if her boyfriend doesn't do more housework and he agrees is he a victim of forced labor? If not, why different rules for sex?

"Do what I want or else....." where the "or else" is a very unpleasant outcome is coercion.

Nonsense. It depends on what the very unpleasant outcome is, especially if the "unpleasant outcome" is not a result of an action (like violence) but failure to do something (like no longer being her boyfriend).

In the sense of it being gleeful and energetic? No.
Definition of enthusiastic:
en·thu·si·as·tic
inˌTH(y)o͞ozēˈastik,enˌTH(y)o͞ozēˈastik/
adjective
adjective: enthusiastic
having or showing intense and eager enjoyment, interest, or approval.
"the promoter was enthusiastic about the concert venue"
synonyms: eager, keen, avid, ardent, fervent, passionate, ebullient, zealous, vehement; excited, wholehearted, committed, devoted, fanatical, earnest; informalhog-wild, can-do, gung-ho, rah-rah, psyched
"an enthusiastic supporter of Latin American baseball"


In the sense of it being given without coercion, trickery, or other unethical behavior tainting the genuineness of the consent? Yes.
I do not see any of this in the definition above. And again, I think this is way too broad.

I don't think it's an ideal situation to have having college administrators trying to decide where consent ends and non-consent begins, but I do think it's necessary. Administrators have to at least try to identify the sex offenders and get them off campus, and evaluating the quality of the consent they claim to have been given is part of the process.
Identifying sex offenders is the job of the police and the criminal justice system. What they want is a way to expel male students with little to no evidence because of feminist pressure.

Preponderance of evidence is the standard in civil actions, which the Obama Administration correctly pointed out.
POE is the standard for torts. Non-tort civil actions, particularly administrative ones, often use "clear and convincing proof". Colleges used to use that standard for sexual assault cases and still continue to do so for other administrative matters. The change to poe by Obama administration was purely political to appease the radical feminists and increase expulsion rate. Unfortunately poe has a very high false positive rate as could be seen in the slew of wrongly decided cases since the policy went into effect in 2011.

It's the same one used when an employer fires an employee for cause, or when the Boy Scouts kick out a scoutmaster for homosexuality.
Maybe (do you have a citation?) but it is not the standard used for colleges to expel students for non-sexual matters.
It might not be the best standard.
That's an understatement. The only reason it was adopted is politics and pressure by feminists to expel more male students.

But if the standard is too low it should be raised for in all such cases, not just the ones affecting men attending college. That requires changing the laws that govern those parts of the civil code.
The only thing you'd need to change is rescind the Obama/Biden edict of 2011.
 
Please: This is a quote from the utterings of one of her FICTIONAL characters, not Ms. French's opinion. If one actually read the entire book, The Women's Room, it would be obvious that is not an opinion that Ms. French herself holds.
The character is of the same ideological bent as French. If a nazi writer wrote a book where a nazi character said antisemitic things it would be safe to assume that this reflects the views of the writer as well.

Really, Derec. At the very least, do a google search. Here's this, to get you started:

Nothing in that wiki article says that she disagrees with her radfem character though.

Yeah, you didn't bother reading that article, either. Just quoted a sensationalized headline, not written by the author of the piece and alleged that was the thesis of the article. Please learn the term 'click bait' and perhaps you might avoid such pitfalls. So, for you, what actually was written doesn't matter. What matters is whatever sensationalized headline was written to serve the piece up best as clickbait.
Oh yes I read the article. Did you? She clearly dismisses any possibility that a rape allegation is in fact false. She repeatedly refers to the accuser as "survivor" for example and exhibits complete and utter disregard for the other side of the story, because it doesn't fit her radical feminist ideology of evil men and victimized women. She dismisses discrepancies and inconsistencies in Jackie's story as "neurological" and in no way impacting credibility of rape allegations - i.e. evidence or lack thereof doesn't matter.
Which part of this article do you think I am misinterpreting?

Yet another article you didn't actually read but posted anyway.
I definitely read it. Have you? This self-hating 5th columnist likewise doesn't want to acknowledge possibility of false rape claims but pretends mere accusation proves rape actually happened throughout his piece. He refers to Jackie, a proven false accuser, as "gang rape survivor" for example. The climax of his servility to the martriarchy is provided by this gem"
John Foubert said:
Such individuals [those who dare defend themselves from accusations of rape] aren't men of character; rather, they are boys who can shave. Men take responsibility. Boys deny responsibility and lie to cover it up.
In other words, if you say you didn't rape somebody you are a "boy". A real man, according to Foubert, meekly takes his punishment for any rape allegation.

Again, how am I misinterpreting what this idiot is saying? He didn't even acknowledge the possibility that Jackie (or any other accuser) might be lying. Now of course, we know for a fact that she was lying. Did Foubert write a follow up article apologizing for jumping to cnclusions? No, he probably still thinks she was gang-raped by 5-7 people. :banghead:
 
Erections are hard to disregard by guys when girls are available Its even harder for guys whose inhibitions are reduced when drunk. Whilst girls gotta get their desires up by finding reasons somehow.
Erections are an involuntary physiological response and not a proof of consent. Do you think a woman's clitoris getting erect is a proof of consent too?

Yet without an erection its pretty hard for a guy to successfully penetrate while for a woman hard clitoris only increases likelihood of orgasm. Its the main reason the pill for men is aimed at getting one up so one can perform while the pill for women has nothing to do with getting the clitoris hard but everything to do with influencing her mind. The die is cast. Men have involuntary, for all practical purposes, erections they can fuck and begin to think of ways to do so. Women after thinking about sex get hard clitorises and they may want to fuck. The point. blood flow go for men. think about go for women. Law is not configured around actuality, but rather, law is configured around getting unthinking male sex machines out of being called responsible.

Social forces are rightly there to induce changes to get more just adjudication of the 'crime' fitting with what actually resides behind the act.
 
The criminal proceedings and the college disciplinary proceedings are two separate things. One is not dependent on the other. The college doesn't have to wait for the criminal process to conclude before it can proceed with its own internal disciplinary process, and the cops don't have to wait and see what the college does about an alleged Code of Conduct violation before they proceed with a criminal investigation.
I am curious. When police determine that there is probable cause that the accuser lied and charge her with a crime, is it still ok for the college to expel the accused? That's what happened at University of North Dakota.
Since most cops are men let me suggest there is a bit of Baltimore reaction needed to bring this institution and its partner, the prosecutorial institution, into line with reality. How else can one explain law telling enforcement to evaluate rape kits and rape kits routinely not being evaluated.
 
You are confusing me with a guy who would willingly read through feminist treatises. But subjecting oneself to hundreds of pages of their drivel is not necessary - their articles are sufficient. Just look at feminist support for these new rape laws that make it easy to expel innocent male students. Or feminists like Jessica Valenti supporting reversal of burden of proof for rape cases. Or feminists being against making divorce laws more equitable between genders.

yada yada yada

With Derec's mind already made up he goes on to spout opinion based on uninformed bias for over 1000 words.
 
Please change your username to Edwin Meese. He didn't believe in innocent until proven guilty, either.

Please learn to read.

There is NOTHING that I wrote that suggests that I don't believe in innocence until proven guilty.

I can read fine--what your position amounts to is since we can't convict them using normal standards of evidence that we should convict them anyway. In other words, abandon the notion of innocent until proven guilty.

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Where do you get the 10% are investigated?

If there are plenty of rapes out there why are they bothering with cases as bad as this one? Enforcers wasting their time on crap cases is normally a sign of a lack of good cases for them to be spending their time on. (Note that the drug war is a different situation: They often spend their time on crap in order to steal. The crap cases often have the best loot.)

Furthermore, even if most rapes go unaddressed that's no reason to punish those who aren't guilty. Punishing innocent men does nothing to stop rape.

BS. Why are there thousands of analysed rape kits in major cities if there is always due diligence.
There is always need to process and decide. Setting aside unalysed kits is not justice since there is no evidence presented after an acknowledged event. No indication the man was innocent can be claimed.

There are some cities without the budget for doing things like testing rape kits.

That's no reason to convict people in kangaroo courts.

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Apparently you missed the part where she claims he forced her to have sex - that is the issue. Not whether someone was drunk since had been drinking to some extent.

A busybody femi-nazi counseled her into believing she was forced into sex is more likely.

I doubt it--this looks more like covering up an infidelity.
 
I agree, up to a point. I do think that rape cases should be legally prosecuted. However, police departments and prosecutors are often loathe to bring charges in a case they do not think they can win at trial--even if they are certain that the victim was raped by the accused, and that it was indeed rape.

It is extremely hard to get a rape conviction if the two people had a prior or ongoing relationship, and worse if drugs or alcohol was involved. Yet that is precisely the circumstance of many acquaintance rapes: the victim and rapist knew each other, alcohol was involved.

Is the victim required to continue to live in the same dormitory and attend the same classes as the rapist if the victim does not wish to drop out of school? What responsibility does the university have to provide a safe environment for its students? Doesn't 'hostile environment' apply to institutions of higher learning as well as the work place?

Suspension and expulsion are far less serious than a criminal conviction.

I also agree that allegations of rape should be handled by the police and courts. If there isn't enough evidence to proceed with a criminal trial the case should be closed.

Meanwhile, the college or university should proceed with their disciplinary process providing there is evidence a student violated the Student Code of Conduct. If the college has a "No raping other students" clause in it's Code, and all students have agreed in writing to abide by that Code, then a student suspected of raping another student is also suspected of violating the Code. That alleged breach of the agreement between college and student must be investigated, and if found to be true, the student will face the consequences spelled out in the Code of Conduct.

The criminal proceedings and the college disciplinary proceedings are two separate things. One is not dependent on the other. The college doesn't have to wait for the criminal process to conclude before it can proceed with its own internal disciplinary process, and the cops don't have to wait and see what the college does about an alleged Code of Conduct violation before they proceed with a criminal investigation.

In other words, close the case and reopen it in a kangaroo court where evidence doesn't matter, all but the worst cases will result in a conviction. Disciplinary proceedings for criminal offenses should be illegal.
 
Without a good explanation for the text message this looks very strongly like a regret case.

You have a hard time imagining a situation wherein a sexual encountered started out consensual and then turned into a rape? Or are you having a hard time imagining that any woman would be bluntly honest about how events unfolded?

As to the alleged text messages, I find it HIGHLY suspect that JD somehow did not have these texts messages at the time of the hearing, but amazingly has them now. You will have to produce evidence (not his say-so in a lawsuit against the university) that the text messages are genuine before I would consider them at all.

Consensual turning into rape doesn't explain the text message.

The reason he didn't have those text messages at the time of the hearing is he wasn't allowed to investigate anything. Once he found out he was facing a kangaroo court he actually did try to exonerate himself and found stuff like that.

- - - Updated - - -

I could be that there was no way to compel disclosure when this was just a disciplinary hearing but now that it's a lawsuit the former student's lawyers got a judge to order both students to turn over any records of communications between them. How that will figure into the lawsuit remains to be seen. The college cannot compel disclosure of private communications. Does that mean it cannot enforce its Code of Conduct in cases where such communications might be relevant? Or can the college proceed in good faith with what it is allowed to compel students to provide, such as testimony before the disciplinary board?

It's worse than that. He wasn't allowed to see the evidence against him until the hearing.

This is one reason they have no business investigating criminal matters--without the power to compel discovery they can't conduct a serious investigation. Things like cheating (caught with an answer key or the like) or plagarism (the paper matches something online) is fine, but without a smoking gun they're basically useless.
 
Why do you assume she is lying and he is telling the truth?
I think her text message is where she is telling the truth - she "fucked" a drunk guy.

And again, you have not established that this is, in fact, her text message; nor established context nor time frame nor anything else necessary to make these alleged text messages meaningful. Right now you are simply doing exactly what I asked Loren about: you are assuming that she is lying and he is telling the truth.

And before you bother replying that I am doing the same in reverse, you'd better have a direct quote with link to back you up.
 
The criminal proceedings and the college disciplinary proceedings are two separate things. One is not dependent on the other. The college doesn't have to wait for the criminal process to conclude before it can proceed with its own internal disciplinary process, and the cops don't have to wait and see what the college does about an alleged Code of Conduct violation before they proceed with a criminal investigation.

I am curious. When police determine that there is probable cause that the accuser lied and charge her with a crime, is it still ok for the college to expel the accused? That's what happened at University of North Dakota.

Okay in the sense that the college followed its procedures, arrived at a conclusion, and imposed a penalty? Yes. The article says the university ruled on the matter in February 2010, and the police didn't discover evidence of lying until May. So unless you think universities can't do a thong about rules violations until time machines have been perfected, there's nothing wrong with them going forward with their disciplinary processes based on the best evidence presented before them.

Okay in the sense that the college did not allow an appeal filed more than 5 days after the initial ruling to be heard, and that a second filing of an appeal failed because of a preliminary ruling that the new information would be an "unproven allegation"? No, that's an unreasonably small window of opportunity, and disciplinary boards hear and rule on unproven allegations all the time. They should have given him a decent chance to present his appeal.

According to the linked article, persistence paid off for the student. The college Provost found the university's decision not to re-open the case "inconsistent with the fundamentals of fairness", and nineteen months later the ruling against him was vacated. That doesn't make everything all better. The guy's plans for college were completely derailed, and it looks very much like a lying female was to blame. But if you're trying to make the case that feminist inspired gender bias was to blame for his treatment by the college, you're going to have to show what happened when a female student was accused of a similar offense, and whether her appeal was heard when his wasn't.

BYW, I noticed that the initial ruling was made about a year before the Dear Colleague letter was circulated. So this had nothing to do with that.
 
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