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More presumption of guilt

From my point of view rape isn't presumed. Male misbehavior is demonstrated by the number of males involved and the apology of one of them afterward for the events.

So, then they are being punished for who they are having consensual sex with and the kind of consensual sex acts they are engaging in?

IOW, if the school is not punishing them for presumed non-consensual sex, then it is punishing them for the nature of their consensual sex that the school finds distasteful, which is equivalent to punishing homosexual sex acts.
 
This was published in my local paper this morning in the "Ask Mr Dad" column, that is pertinent to the OP (especially the last part):

http://www.mercurynews.com/family-relationships/ci_25768908/ask-mr-dad-how-much-should-i-worry

Q I've been reading about a recent White House study showing that 1 in 5 women will be the victim of rape at some point in her life. As a mother of twins (a boy and a girl) who are graduating high school, I'm scared for my daughter's safety and I'm worried that my son might do something unspeakable. What can I do to protect both of my children?

A The first thing to do is calm down. For as much media coverage as the White House study got, it is one of the most flawed, inflammatory, and just plain incorrect pieces of "research" I've ever seen.

But a more serious problem is the report's recommendations to essentially strip accused male students of their legal rights. The report states that "(t)he parties should not be allowed to personally cross-examine each other." Um, the Constitution's Sixth Amendment, however, grants anyone accused of any crime anywhere that exact right.

I bet this guy is going to get a shitstorm of hate mail
 
No, I am making a prediction based on what has been happening in academia.
The police and the prosecutor felt the evidence was insufficient to either warrant an arrest or to sustain a conviction. That is not equivalent as implying that the universities did not have evidence for expulsion. You do realize there is a difference between the criminal justice system and private disciplinary procedures.
I do not agree with the assumption that flimsy evidence should be sufficient to expel a male student from a university. I also do not agree that the accused students should not have due process rights and that he should not be allowed to adequately defend himself.
When we have male students expelled even though the police charged the false accuser with a crime we have a problem.
When we have a male student expelled just because a female students accused him of rape a year later and even though he had a Facebook message from her where she said she "had a great time" we have a problem.
When we have a male student expelled after a drunken hookup even though he could demonstrate that she was not too drunk to consent based on her being fully coherent (text messages) and in command of her motor skills (walked to and from his dorm room) we have a problem, especially when then accused is not allowed to confront either his accuser or the alleged (and anonymous) witnesses against him (violation of due process).
Please do not pretend the "standards" currently used to expel male students are in any way adequate.
I agree with you that they are not adequate. However when we look at the Noles' quarterback case ( Jamies Winston), even though the FSU inquiry process gave him ample opportunities to "defend himself", he refused to cooperate from the get go and did not show up at the meetings designed to pursue that process initiated by FSU. His lack of cooperation has triggered a divide among Seminoles fans (spread out throughout Tallahassee). So far there is no indication that either the FSU Administration, the Noles' coach Jimbo Fisher, the Director of Football Operations (Robinson) and even the Booster Club are at all dismayed by Winston's refusal to cooperate with the inquiry process triggered by FSU.
It comes down to Winston being able to evade the inquiry process without any accountability system in place to pressure him to cooperate while leaving a serious question mark which can only affect the popularity and reputation of the entire team.

I am very familiar with the above as my son is an FSU student and as I frequently visit him, I can see that divide occurring in his social circle. Some fans questioning why Winston evaded the FSU inquiry process, others considering that he is too much of a nice guy to have been involved in a sexual assault. Some fans questioning why the local PD detective assigned to the case made so many mistakes from the get go, others considering that there was nothing there to be found which could implicate Winston outside of his best friend and room mate facing now charges for video recording the sexual activity without the consent of both parties. Recording he claims to have deleted a couple of days later. That alleged recording having been part of his testimony that he was a direct witness of the sex having been consensual.

Nonetheless, Winston should be held accountable for violating the FSU dorm rules as well as his room mate who is the party who picked up the alleged victim in a local establishment heavily frequented by FSU students while she was absorbing a high quantity of alcoholic beverages.

The above to demonstrate that despite of a due inquiry process which allows for the accused party to defend himself, the accused party can still evade that process and that is the end of it.
 
No, I am making a prediction based on what has been happening in academia.
With all due respect, you have no clue what has been happening in academia. Your cherrypicking of examples along with the mischaracterization of the situations is a prime example of bias.
I do not agree with the assumption that flimsy evidence should be sufficient to expel a male student from a university. I also do not agree that the accused students should not have due process rights and that he should not be allowed to adequately defend himself.
The expulsions are usually for violating university codes of conduct, not for criminal activity. As for the your view of "flimsy evidence" and "due process rights", welcome to the world of private disciplinary action.
When we have male students expelled even though the police charged the false accuser with a crime we have a problem.
When we have a male student expelled just because a female students accused him of rape a year later and even though he had a Facebook message from her where she said she "had a great time" we have a problem.
When we have a male student expelled after a drunken hookup even though he could demonstrate that she was not too drunk to consent based on her being fully coherent (text messages) and in command of her motor skills (walked to and from his dorm room) we have a problem, especially when then accused is not allowed to confront either his accuser or the alleged (and anonymous) witnesses against him (violation of due process).
Please do not pretend the "standards" currently used to expel male students are in any way adequate.
Not if expulsions are for something other than criminal activity. Again, you seem to be under the delusion that the due process rights under the criminal justice apply outside of that system: they don't.
 
But a more serious problem is the report's recommendations to essentially strip accused male students of their legal rights. The report states that "(t)he parties should not be allowed to personally cross-examine each other." Um, the Constitution's Sixth Amendment, however, grants anyone accused of any crime anywhere that exact right.
I bet this guy is going to get a shitstorm of hate mail

If this is true, it is very disturbing.

If what Derec is saying is true, that is also disturbing. You can be suspended from school for consensual sex off campus? Is Derec misstating the facts or do schools really suspend people for their private sex lives, judging particular acts, such as swinging or gangbangs depraved? Imagine the outcry if schools suspended students for homosexual activity.
 
With all due respect, you have no clue what has been happening in academia. Your cherrypicking of examples along with the mischaracterization of the situations is a prime example of bias.
Actually I do. And we have discussed it at length. It got a lot worse since the "Dear Colleague" letter - which reduced burden of proof and eviscerated any due process protections - but it has been going for decades. For example, a Vassar dean infamously said 20 years ago that men getting falsely accused of rape is a good thing.
Note also that you are merely dismissing the cases I have presented instead of engaging with them.

The expulsions are usually for violating university codes of conduct, not for criminal activity.
Nonsense. The "violation of the university code of conduct" is the alleged criminal activity, rather than consensual sex (except at fundy xian colleges). But they don't require the violation to be proven to any reasonable standard.
As for the your view of "flimsy evidence" and "due process rights", welcome to the world of private disciplinary action.
Before the "Dear Colleague" letter colleges generally used the "clear and convincing proof" standard and gave accused men some due process rights. So it has nothing to do with "private disciplinary action" but with political decision by the government that the rights of the accused male students are worth nothing.

Not if expulsions are for something other than criminal activity.
All these examples were because of accusations of rape, accusations that could not be substantiated and which in one case resulted in criminal charges against the false accuser. There is no other reason any of these students were expelled. Your argument is ridiculous.
Again, you seem to be under the delusion that the due process rights under the criminal justice apply outside of that system: they don't.
Again, you seem to be under the illusion that male students accused by college kangaroo courts should have no due process rights, and that increasing the rate of expulsions is the only metric that counts, no matter how many innocent men are harmed in the process.
And again, colleges used to give accused male students due process until the Obama administration forbade them from doing so, for purely political (radical feminist) reasons.
 
If what Derec is saying is true, that is also disturbing. You can be suspended from school for consensual sex off campus? Is Derec misstating the facts or do schools really suspend people for their private sex lives, judging particular acts, such as swinging or gangbangs depraved? Imagine the outcry if schools suspended students for homosexual activity.
That's not quite what I was saying. There is an allegation of rape/sexual assault but the burden of proof used is so low it can't meaningfully distinguish between non-consensual and consensual sex.
 
Actually I do. And we have discussed it at length.
Your posts indicate otherwise
It got a lot worse since the "Dear Colleague" letter - which reduced burden of proof and eviscerated any due process protections - but it has been going for decades. For example, a Vassar dean infamously said 20 years ago that men getting falsely accused of rape is a good thing.
Other than an indictment of that Dean, you are using that to condemn university processes throughout the country? That requires a combination of poor reasoning and bias that is mind-boggling.
Note also that you are merely dismissing the cases I have presented instead of engaging with them.
Been there and done that. And, of course, your response does not address the your mischaracterization of cherry-picked example to conflate poorly-reasoned conclusions with fact.

Nonsense. The "violation of the university code of conduct" is the alleged criminal activity, rather than consensual sex (except at fundy xian colleges). But they don't require the violation to be proven to any reasonable standard.
Really, please point to any criminal code that makes a "violation of an university code of conduct" a criminal misdemeanor or felony. Otherwise, your claim appears as reason-challenged rhetorical excess not reality.
Before the "Dear Colleague" letter colleges generally used the "clear and convincing proof" standard and gave accused men some due process rights.
With all due respect, you are making unsubstantiated claims.
So it has nothing to do with "private disciplinary action" but with political decision by the government that the rights of the accused male students are worth nothing.
These are not criminal cases, so it is private sector disciplinary action for private colleges, and non-criminal disciplinary actions for public sector universities. As

All these examples were because of accusations of rape, accusations that could not be substantiated and which in one case resulted in criminal charges against the false accuser. There is no other reason any of these students were expelled. Your argument is ridiculous.
Unfortunately for you, the students were not necessarily expelled for rape. Hence your claim is false.
Again, you seem to be under the illusion that male students accused by college kangaroo courts should have no due process rights, and that increasing the rate of expulsions is the only metric that counts, no matter how many innocent men are harmed in the process.
And again, colleges used to give accused male students due process until the Obama administration forbade them from doing so, for purely political (radical feminist) reasons.
Your bias is shining through with that rhetorical horseshit. You have no evidence the gender of any student changes the nature or standards used in these disciplinary hearings. Your argument ignores the reality that disciplinary actions outside of the judicial system are not required to afford the same "due process" as the justice system does. Finally, your claims concerning the Obama administration are both unsubstantiated and require a level of mind reading that I seriously doubt you possess.
 
Your posts indicate otherwise
No they don't.
Other than an indictment of that Dean, you are using that to condemn university processes throughout the country? That requires a combination of poor reasoning and bias that is mind-boggling.
It was an example of a radical feminist culture at many college campuses.

Been there and done that. And, of course, your response does not address the your mischaracterization of cherry-picked example to conflate poorly-reasoned conclusions with fact.
They are not cherry-picked, but representative of the forced low-burden of proof/no due process way allegations of rape are handled these days.

Really, please point to any criminal code that makes a "violation of an university code of conduct" a criminal misdemeanor or felony. Otherwise, your claim appears as reason-challenged rhetorical excess not reality.
You are the one who is reason challenged, because the reality is exactly the opposite of what you are saying. It is not that university code of conduct has been made law, but that certain things that are parts of criminal code are also part of the code of conduct. Like rape, of which these guys have been accused of, without evidence. So the criminal violation and code of conduct violations are for the same alleged act.

These are not criminal cases, so it is private sector disciplinary action for private colleges, and non-criminal disciplinary actions for public sector universities.
Are you being purposely obtuse? The fact is that before the Obama administration directive the standard of proof was higher and students were afforded more protections. But in an effort to up the rate of expulsions by hook or by by crook the Obama administration mandated the lowest possible burden of proof be used and that many of the hitherto used due process protections be eliminated.
Just because something is not a criminal case doesn't mean it should be a willy-nilly affair with no protections for the accused either.

Unfortunately for you, the students were not necessarily expelled for rape. Hence your claim is false.
What were they expelled for then? Consensual sex?

Your bias is shining through with that rhetorical horseshit.
No yours is.

You have no evidence the gender of any student changes the nature or standards used in these disciplinary hearings.
I know of no case where a male student accused a female of raping him and she was expelled under similar circumstances and lack of evidence. Like if a male student has sex with a woman, sends her a message saying he had a great time and decides a year later he was raped. Would any girl in those circumstances be expelled?

Your argument ignores the reality that disciplinary actions outside of the judicial system are not required to afford the same "due process" as the justice system does.
You are ignoring the fact that nevertheless those accused by college kangaroo courts still should have some due process rights and in fact had some due process rights until the "Dear Colleague" directive forbade them from doing so.

Finally, your claims concerning the Obama administration are both unsubstantiated and require a level of mind reading that I seriously doubt you possess.
Are you really ignorant of it or are you just feigning it?
College Rape Accusations and the Presumption of Male Guilt
 
It was an example of a radical feminist culture at many college campuses.
No, it is an example at one college campus.
They are not cherry-picked, but representative of the forced low-burden of proof/no due process way allegations of rape are handled these days.
They are cherry-picked. You did not chose them at random. And your mischaracterization of low burden of proof/no due process simply proves my point.

You are the one who is reason challenged, because the reality is exactly the opposite of what you are saying. It is not that university code of conduct has been made law, but that certain things that are parts of criminal code are also part of the code of conduct. Like rape, of which these guys have been accused of, without evidence.
No, university code of conducts are not made into law. If they were, you could point to it - and you have not.
So the criminal violation and code of conduct violations are for the same alleged act.
In these cherry-picked cases of yours, please produce the actual reasons (not your biased interpretations) for the expulsion.

Are you being purposely obtuse? The fact is that before the Obama administration directive the standard of proof was higher and students were afforded more protections. But in an effort to up the rate of expulsions by hook or by by crook the Obama administration mandated the lowest possible burden of proof be used and that many of the hitherto used due process protections be eliminated.
Just because something is not a criminal case doesn't mean it should be a willy-nilly affair with no protections for the accused either.
Repeating your unsubstantiated claims about the Obama adm. motivations does not make them more truer. But it does provide evidence that of your bias.



I know of no case where a male student accused a female of raping him and she was expelled under similar circumstances and lack of evidence. Like if a male student has sex with a woman, sends her a message saying he had a great time and decides a year later he was raped. Would any girl in those circumstances be expelled?
Are you being obtuse? You are making a serious claim about bias in the way one gender is treated in the university disciplinary process. There are many disciplinary actions that do not involve rape. If your claims are true, you should be able to show many examples, but you have not shown any at all. You do cherry pick examples and then mischaracterize the outcomes, but that is evidence of severe bias on your part, not by universities.


You are ignoring the fact that nevertheless those accused by college kangaroo courts still should have some due process rights and in fact had some due process rights until the "Dear Colleague" directive forbade them from doing so.
They so still have due process rights. And the "Dear Colleague" letter did not forbide anything like that.
Derec said:
Finally, your claims concerning the Obama administration are both unsubstantiated and require a level of mind reading that I seriously doubt you possess.
Are you really ignorant of it or are you just feigning it?
College Rape Accusations and the Presumption of Male Guilt
Citing an opinion piece as disinterested evidence of the motivations of anyone is, at best, piss poor reasoning.
 
Have you ever noticed that this kind of thing seems to mainly happen on basketball, and football, teams? It doesn't seem to happen to the chess team or the debate team.

Which group do you think have more attractive phsiques, and are more sexually desirable: chess players or basketball players?

I would be flabbergasted, in fact, if athletes were less successful in obtaining consensual sex than chess players.

By the blanket punishing of players that get caught, the university seeks to divorce itself from what may well be a consequence of the macho culture it fosters in the games, team organization, and fans. If you deny that these games are violent, just look at the problems players have with physical injuries (including, but not limited to brain injury). To my mind, nothing can be more anti-intellectual than a game that regularly injures human brains, breaks bones, tears tendons, etc.

Then the fans need to own their own behaviour, and stop paying money to watch.
 
Which group do you think have more attractive phsiques, and are more sexually desirable: chess players or basketball players?

I would be flabbergasted, in fact, if athletes were less successful in obtaining consensual sex than chess players.
I wouldn't think they'd get more sex, just sex with more attractive people.
 
Which group do you think have more attractive phsiques, and are more sexually desirable: chess players or basketball players?

I would be flabbergasted, in fact, if athletes were less successful in obtaining consensual sex than chess players.
I wouldn't think they'd get more sex, just sex with more attractive people.

It's more.

http://www.sciencedirect.com/science/article/pii/S1090513804000765

Attractive people are also more likely to have extra pair copulations (that is, cheat). This should hardly be surprising.
 
They are cherry-picked. You did not chose them at random.
In which case you should be able to point to many cases where there was clear evidence of rape and the university did nothing. And again, you are avoiding going into the cases of students being expelled for rape even though there is no evidence of rape and exculpatory evidence to boot.

And your mischaracterization of low burden of proof/no due process simply proves my point.
I am not mischaracterizing anything. Obama administration is mandating the use of the lowest burden of proof possible and denial of due process protections like right to confront accuser/witnesses and right to counsel.

No, university code of conducts are not made into law. If they were, you could point to it - and you have not.
I am not claiming that as I have pointed out repeatedly.

In these cherry-picked cases of yours, please produce the actual reasons (not your biased interpretations) for the expulsion.
The students were accused of rape. There was no evidence of rape, as evidenced by no police charges being filed (except in one case where the false accuser was charged with a crime), there actually was exculpatory evidence in each case, and they they were expelled.
If you think that despite them being accused of rape they were expelled for something completely different please provide evidence of that.

Repeating your unsubstantiated claims about the Obama adm. motivations does not make them more truer. But it does provide evidence that of your bias.
I do not care about their motives (female vote most likely) - I care about their policies and their results, which are that innocent male students are being expelled.

Are you being obtuse?
No, you are.
You are making a serious claim about bias in the way one gender is treated in the university disciplinary process. There are many disciplinary actions that do not involve rape.
We are here only talking university actions involving claims of rape. More specifically, claims of rape that could not be substantiated and did not result in criminal prosecution for rape.

If your claims are true, you should be able to show many examples, but you have not shown any at all. You do cherry pick examples and then mischaracterize the outcomes, but that is evidence of severe bias on your part, not by universities.
I am doing none of it. If you think I am please show how I am cherry picking and/or mischaracterizing the outcomes of any of these cases. But that would involve actually addressing any of these cases, something which you have steadfastly refused to do during this conversation.

They so still have due process rights. And the "Dear Colleague" letter did not forbide anything like that.
That is absolutely wrong. Also you are getting the radical feminist talking points wrong because some of your confederates are conceding that the accused students have no due process rights but are claiming that is a good thing.
Derec said:
Are you really ignorant of it or are you just feigning it?
Funny, I am thinking the same thing about you.
Citing an opinion piece as disinterested evidence of the motivations of anyone is, at best, piss poor reasoning.
Of course it's an opinion piece and clearly labeled as that. Nevertheless, it addresses the contents of the directive accurately. Otherwise you would be able to dispute the contents, rather than just attacking the source.
 
In which case you should be able to point to many cases where there was clear evidence of rape and the university did nothing. And again, you are avoiding going into the cases of students being expelled for rape even though there is no evidence of rape and exculpatory evidence to boot......
Your claims assume facts not in evidence. You have not presented any evidence in your cherry-picked cases that students were expelled for rape.

I am not mischaracterizing anything. Obama administration is mandating the use of the lowest burden of proof possible and denial of due process protections like right to confront accuser/witnesses and right to counsel.
Your claims assume facts not in evidence. You have not presented any evidence to support your claims that the Obama administration is mandating the lowest burden of proof possible or that it is mandating the denial of existing due process protections.

No, university code of conducts are not made into law. If they were, you could point to it - and you have not.
I am not claiming that as I have pointed out repeatedly.

The students were accused of rape. There was no evidence of rape, as evidenced by no police charges being filed (except in one case where the false accuser was charged with a crime), there actually was exculpatory evidence in each case, and they they were expelled.
If you think that despite them being accused of rape they were expelled for something completely different please provide evidence of that.
You are the one making claims of fact (the expulsion was for rape), not me. Provide the direct evidence that is true.
I am doing none of it. If you think I am please show how I am cherry picking and/or mischaracterizing the outcomes of any of these cases. But that would involve actually addressing any of these cases, something which you have steadfastly refused to do during this conversation.
There is no need to address the cases. Your claims of fact in those cases are unsubstantiated. The fact you only present cases where you feel there is an injustice is an indication you are cherry-picking - using anecdotes to make sweeping generalizations.

I do not care about their motives (female vote most likely) - I care about their policies and their results, which are that innocent male students are being expelled.
Then why do you make repeated claims of fact for their motives?
That is absolutely wrong. Also you are getting the radical feminist talking points wrong because some of your confederates are conceding that the accused students have no due process rights but are claiming that is a good thing.
Pure blather - ad hom attacks instead of dealing with actual content.
Of course it's an opinion piece and clearly labeled as that. Nevertheless, it addresses the contents of the directive accurately. Otherwise you would be able to dispute the contents, rather than just attacking the source.
I did not attack the source. I pointed out that an opinion piece is not disinterested evidence.

BTW, please try to pay attention when you respond.
Originally Posted by Derec
Are you really ignorant of it or are you just feigning it?
is your comment not mine. I never wrote it.
 
Which group do you think have more attractive phsiques, and are more sexually desirable: chess players or basketball players?

I would be flabbergasted, in fact, if athletes were less successful in obtaining consensual sex than chess players.
I wouldn't think they'd get more sex, just sex with more attractive people.

It's more.

http://www.sciencedirect.com/science/article/pii/S1090513804000765

Attractive people are also more likely to have extra pair copulations (that is, cheat). This should hardly be surprising.

Didn't read the study, but I am guessing it doesn't factor in paid-for sex.
 
But a more serious problem is the report's recommendations to essentially strip accused male students of their legal rights. The report states that "(t)he parties should not be allowed to personally cross-examine each other." Um, the Constitution's Sixth Amendment, however, grants anyone accused of any crime anywhere that exact right.
I bet this guy is going to get a shitstorm of hate mail

If this is true, it is very disturbing.

If what Derec is saying is true, that is also disturbing. You can be suspended from school for consensual sex off campus? Is Derec misstating the facts or do schools really suspend people for their private sex lives, judging particular acts, such as swinging or gangbangs depraved? Imagine the outcry if schools suspended students for homosexual activity.

From the link Derec provided in the OP:

Oregon Athletic Director Rob Mullens said that within 24 hours of receiving the final police report on April 30, he suspended the three players indefinitely. Though Mullens said he was aware of an investigation during the playoffs, he wasn't sure which of the players were suspects.


When you read the police report, it’s very clear it’s conduct not befitting of a student athlete at the University of Oregon,” he said at a televised news conference Friday. “Those are not individuals we want representing our organization.”

And this should always be kept in mind:

The woman only agreed to talk to investigators after her father informed authorities about the incident five days after it happened, according to a police report. She also told officers that she didn’t want to ruin the players’ lives, the report states.

The district attorney said this week that though everyone involved agreed sex took place multiple times one night in early March, interviews with witnesses and the three basketball players contradicted the woman's statements that she objected to the sex acts and was too drunk to offer consent.

The no-file decision is based entirely upon analysis of the available evidence and its insufficiency to prove the allegations beyond a reasonable doubt,” prosecutors said in a statement. “A no-file decision is not a statement about who we believe or don’t believe.”

Five days after the incident, it would be impossible to determine the blood alcohol level of the victim. Her ability to consent is the key legal issue and it is unlikely that there would be any sufficient evidence to determine whether she was able to consent. This would be a reason to decide not to file charges.
 
Yet another highly questionable expulsion of a likely innocent male student.

This time at Duke. I guess that university learned nothing from the Duke Lacrosse False Rape Accusation Case.
And of course, they use the same sexist double standard which I have talked about repeatedly on this and the previous board - if both the man and woman are drunk, the feminist dogma says the guy is the "rapist" while the woman is a "victim". :rolleyes:
And she appeared to concede that Duke doesn’t take seriously Title IX’s promise of not discriminating on the basis of gender. Noting Duke’s finding that a rape occurs when a panel concludes based on 50.01 percent probability that a student had reached an incapacitating level of intoxication that rendered the student unable to give consent to sex, McLeod’s lawyer asked Wasiolek what happened if both students were drunk. In that case, presumably, “they have raped each other and are subject to expulsion.” Not so, stated Wasiolek: “Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex.” How this policy can be reconciled with Title IX must remain a mystery.
 
Yet another highly questionable expulsion of a likely innocent male student.

This time at Duke. I guess that university learned nothing from the Duke Lacrosse False Rape Accusation Case.
And of course, they use the same sexist double standard which I have talked about repeatedly on this and the previous board - if both the man and woman are drunk, the feminist dogma says the guy is the "rapist" while the woman is a "victim". :rolleyes:
And she appeared to concede that Duke doesn’t take seriously Title IX’s promise of not discriminating on the basis of gender. Noting Duke’s finding that a rape occurs when a panel concludes based on 50.01 percent probability that a student had reached an incapacitating level of intoxication that rendered the student unable to give consent to sex, McLeod’s lawyer asked Wasiolek what happened if both students were drunk. In that case, presumably, “they have raped each other and are subject to expulsion.” Not so, stated Wasiolek: “Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex.” How this policy can be reconciled with Title IX must remain a mystery.

Yeah, they even realize they're asking for a lawsuit here. When you CYA at the start of the incident you know you're in the wrong.
 
Yet another highly questionable expulsion of a likely innocent male student.

This time at Duke. I guess that university learned nothing from the Duke Lacrosse False Rape Accusation Case.
And of course, they use the same sexist double standard which I have talked about repeatedly on this and the previous board - if both the man and woman are drunk, the feminist dogma says the guy is the "rapist" while the woman is a "victim". :rolleyes:
And she appeared to concede that Duke doesn’t take seriously Title IX’s promise of not discriminating on the basis of gender. Noting Duke’s finding that a rape occurs when a panel concludes based on 50.01 percent probability that a student had reached an incapacitating level of intoxication that rendered the student unable to give consent to sex, McLeod’s lawyer asked Wasiolek what happened if both students were drunk. In that case, presumably, “they have raped each other and are subject to expulsion.” Not so, stated Wasiolek: “Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex.” How this policy can be reconciled with Title IX must remain a mystery.

That article's author is laboring under some serious misconceptions about a university disciplinary process and due process under the law.

This article is much more informative: http://www.indyweek.com/indyweek/a-duke-senior-sues-the-university-after-being-expelled-over-allegations-of-sexual-misconduct/Content?oid=4171302

Last month, three days before final exams, Duke expelled McLeod, a senior who was on the Dean's List, under what the university is calling a new sexual misconduct practice. (However, university administrators, foreseeing a potential lawsuit, permitted him to take his final exams.) He is the first Duke student to be expelled for sexual misconduct in recent history. Because of his expulsion, he cannot get his degree, and without a degree, he cannot accept a job offer from a Wall Street investment firm, where he is to begin in July.

However, McLeod has never been charged with, or convicted of, sexual misconduct in a traditional court. Durham police declined to pursue criminal charges against McLeod, who says the sexual encounter with the freshman was consensual, and that she was coherent that night. He alleges Duke's disciplinary panel gave him an unfair hearing. Earlier this month McLeod won a temporary restraining order prohibiting Duke from following through with the expulsion.

Duke says that McLeod's disciplinary hearing followed proper procedure, that his accuser was incoherent the night they had sex. Awarding him a degree would damage the university's reputation, lawyers say.

The crux of the matter:

McLeod, a tall man with thick, brown hair, was at Shooters, a bar popular among undergraduates. Shortly after midnight, he spotted a girl on the dance floor, a freshman whom he didn't know. She had been drinking at a pre-game gathering that evening, and says she had at least two shots of tequila at the bar. Most of the night she talked to another Duke student, but at some point she began dancing with McLeod.

Shortly after 2 a.m. she and McLeod got in a cab together. She later testified that she believed the cab driver was taking her back to her dormitory. She recalled not wanting to argue with McLeod when the cab arrived at his Sigma Nu fraternity house, though she did make up an excuse about having four exams the following day. She assumed McLeod wanted to have sex with her. Upon their arrival, a fraternity brother saw them outside his window. He would later report that they were having a friendly conversation.

When the two entered the house, McLeod knocked on the bedroom door of a roommate to introduce him to the freshman. He declined to come out, but he later reported hearing McLeod and the freshman "laughing and enjoying each other's company" through his doorway.

Inside McLeod's bedroom, the freshman and McLeod started having sex. During intercourse, the freshman started crying.

McLeod says that when the freshman became emotional, he immediately stopped. She contends he did not. During interviews with police, medical administrators, a Duke investigator and Duke's disciplinary hearing panel, as well as to friends via text messages, the freshman outlined several allegations, including the following: Her memory of the night was cloudy; she did not agree to intercourse; he disrobed her; she begged him to stop and pushed him away; she told him to stop several times; that "I told him to stop and that I would call the police"; and that "he raped me and told me not to cry."

After McLeod fell asleep, the freshman sent a text to her ex-boyfriend saying, "I need you." She continued sending several text messages to at least four people. Among them: "He just said to stop crying," "I said to stop but he wouldn't," and "I don't wanna look like a slut." In another text to her ex-boyfriend, she said, "I'm so sorry."

She texted an anonymous friend, saying that the reactions from other friends implied they wanted to "kill" McLeod. (During later testimony, she recanted that suggestion: "This whole 'killing,' no one said that.")

She texted her best friend, saying, "I told him to stop." Her friend replied, "Who did you fuck?"

When the freshman left McLeod's room, she knocked on the bedroom door of another fraternity member. He later testified that the freshman seemed coherent, but embarrassed. (In a text to McLeod later on, the fraternity brother suggested the freshman was "terrified," according to Duke.)

The freshman asked the fraternity brother to retrieve her wallet in McLeod's room, and then she called a cab to pick her up.

The next day, her best friend sent her a text: "Did he actually rape you." The freshman replied, "It's like hard to explain I'll tell you the story in person." In another text she said, "It hurts soo bad like there's no way it was consensual."

Sounds like a drunken hookup gone horribly wrong.
 
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