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L.W. Paradis
The Hill
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Comments by "L.W. Paradis" (@l.w.paradis2108) on "Robby Soave: Biden’s TYRANNICAL Pick For OCR Confirmed, Free Speech On College Campuses At RISK" video.
No presumption of innocence?? Even in TORT, the plaintiff has the burden of proof.
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When a university costs as much as these do, it is no longer a university. Consult Socrates on that.
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@anthonytwohill9726 Due process is constitutional law. Every other law must presume it. No law can be enforced by the government or the states without affording the people concerned due process.
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Rock Landstone In tort, due process requires that the plaintiff carry the burden of proof, meaning the burden of production of evidence, and persuasion that the evidence demonstrates that a tort was committed. The standard is preponderance (more likely than not).
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Rock Landstone The Constitution does have something to do with Title IX. Should federal funds be available to private schools where there is no freedom of speech? Suppose their "Bible-based curriculum" says that women should be men's handmaidens, and expels anyone who questions that? Don't tell me it can't happen.
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You're right. She answered that question in a snide way, like, "you idiot, this isn't criminal law," instead of addressing the real issue of presumptions and burdens of proof. She never persuaded a jury of anything. I can tell.
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Rock Landstone Universities are nevertheless subject to due process in much of their decisionmaking. Look at it this way: why could students sue for discrimination, or for "reverse discrimination?" On what basis? Hey, no one has "a right to go to college." No one has "a right to be admitted." Maybe read some cases. In any event, public universities are state actors. Private ones have government funding. Their choice. If they could all just do whatever they feel like, then ignore Title IX. Forego the money. Ditch the compliance officers and other bureaucrats. Clearly that isn't what they've decided. What they can't do is pretend to comply with Title IX, or use it as their cover story, to do whatever they feel like "because Title IX." Implementation of any law requires due process. The question is what process is due.
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Rock Landstone No school or college that receives federal funds can force you into or out of a religion, or curtail your right to have any religious text with you in the classroom. What caused you to think I didn't know? I know the rules on First Amendment freedoms in public school. I don't understand the digression. Is it your position that if a student is arbitrarily disciplined under Title IX, their remedy is to sue for breach of contract? They have no rights that can be asserted in any other way? They cannot demand a right to any process whatsoever prior to being disciplined, and that universities can deploy this scheme under the guise of Title IX compliance? Wow.
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Rock Landstone Suspension is a lot like a restraining order or an injunction. Due process requires some evidence, notice, and an opportunity to challenge any proposed restraining order or other injunction. It can be pretty limited. The window of opportunity to challenge it can be short. It cannot be zero.
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Rock Landstone I was acknowledging you were correct about First Amendment freedoms, but that it seems that you failed to grasp the analogy, relating to the public funding of a university with that "mission," namely, to coerce student compliance with its religious doctrines. They can go ahead and do it on their own dime, sure. "Flipping the board game?" Ah. So you're a liar. Tootles.
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