Comments by "SmallSpoonBrigade" (@SmallSpoonBrigade) on "Trump Dismantling Sexual Misconduct Guidelines" video.

You mean other than the fact that this was happening via adjudication by the college? And the accused was frequently being deprived of any chance to cross examine the accuser? Or that the standards being used were significantly lower than the typical guilty beyond the shadow of a reasonable doubt? These cases of alleged rape and sexual assault are criminal acts that should be handled by the police and the prosecutor's office. The reason for handling it internally was to try and do an end run around due process as the colleges weren't required to meet the same standards as the worst case scenario would be kicking them out of school rather than sending them to prison. The end result was a set of regulations that protected the accuser at the expense of the accused in direct conflict with the normal way things are done in the US where the accused are innocent until proven guilty. The worst is that there's no evidence to support the idea that there is a problem that is so significant that it should justify throwing out the constitution. The studies that allege that this is a problem were conducted with extremely questionable methodologies and do not represent colleges in general.
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Perhaps you should apologize to the Chinese for doing similar things to their cities. The fact that they were one bomb per city doesn't make a difference, plus we warned you people to get out of town before we bombed, something that you guys didn't do for the Chinese and the US didn't do for other countries that we were bombing.
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They didn't. There were a couple of studies that allege that to be the case, by engaging in questionable research practices. If there were really that many women being sexually assaulted, the rates of prosecution and conviction wouldn't be so low. Same goes for the number of crimes actually reported to the police.
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Citation necessary. If the "victims" need the rights of the accused to be eroded in order to come up with the "correct" results, then that implies that there isn't sufficient evidence to charge or get a conviction. The basis of our legal system is innocent until proven guilty because it's better to let a dozen guilty men walk free than to send one innocent one to prison. If you don't like that, then perhaps move to some other country where it's guilty until proven innocent. Or better yet, some place where they don't even bother with trials.
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They're not, all their doing is putting things back the way they were before Obama messed it up. And BTW, this was already the case in the 6th circuit where the courts already ruled that you can't deprive male students of their rights in this fashion.
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Yes, and that's the thing. Also, what they're getting upset about here is that the accused are actually being afforded some of the rights that they have under the constitution. Colleges shouldn't be in a position where they're having to investigate these things unless they are alleged to happen on campus and have campus police. Under the Obama administration, they basically through the accused under the bus because of the alleged sexual assaults that weren't being reported or where the accused wasn't being punished, even for lack of evidence. Having the college be pressured to accept the accusations as true rather than following legal standards or forwarding the reports to law enforcement was grossly unconstitutional and resulted in things like that woman carrying a mattress around in an effort to harass a male student that she alleged sexually harassed her, in spite of a lack of evidence that he did anything wrong.
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@Lachy Roberts, the right to face your accuser is one of the corner stones of justice. If you don't allow that, then the accused has a greatly diminished ability to mount a vigorous defense. Ultimately, if you're not willing to attach your name to the accusation, then you shouldn't have the right to expect any sort of punishment be meted out.
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So, I'm scum for thinking that men have constitutional and statutory rights?
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So? They're being deprived of their 14th amendment as well as Title IX rights by having these things handled like this. If there's a rape or sexual assault that's alleged to have happened, the right venue is the police, kicking students out of school and disciplining them based upon much lower standards is a violation of their rights.
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It's necessary because the previous rules were blatantly unconstitutional. These are criminal matters that the police and prosecutor should investigate before deciding if there's sufficient evidence for a trial. This is just doing an end run around that. Because the consequences don't involve a fine or jail time, the standards are lower than what you'd find in a criminal prosecution. Leading to young men that get kicked out of college and treated like criminals even when there's no evidence to substantiate the charges. If there were evidence to substantiate the charges, then there'd be no point in having the school involved as that can't bring prison time or monetary awards.
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@Jimmy Early, The schools aren't doing that though, they're placing the burden of proof on the accused, and denying him an attorney and the right to cross examine the accuser. In a situation like that, there's no hope of getting the truth, there's no guarantee that there even is a victim as often times both parties were drunk at the time and neither party was in any better position to consent than the other. Or, there's just no witness available, so there's no way of knowing whether or not there even was a crime committed. The only reasonable way of handling it is to make sure the cops find out and do their investigation. If there isn't sufficient evidence to move forward with criminal proceedings, then there shouldn't be consequences for the accused either,. Perhaps find some way of separating them when possible, but that's it.
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@Blue, not to mention that the colleges have a vested interest in the outcome of these proceedings. On the one hand, having a finding that nothing happened means that their sexual assault tally doesn't increase, but on the other hand, women do a ton of whining when they don't get there way. Case in point, that women that was carrying around the mattress to symbolize the alleged sexual assault she suffered. Never mind, that this was a massive violation of the other student's rights as there was insufficient evidence under even the lower standards that universities apply to these things.
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Because they can use lower standards of evidence, in a court of law, the police and prosecutor would have to be convinced that they have a case in order to proceed. And once it gets to an arraignment, the accused has a legal right to an attorney. And at trial, the legal standard is on the prosecution to prove that the accused is guilty to beyond the shadow of a reasonable doubt. Which, as you might guess, would result in a lot of these cases being dismissed without charges being filed and of those that do get filed, many of them would result in acquittals when the prosecutor can't meet the legal standard. In short, the colleges are being pressured to do it because feminists are looking for ways to hurt men, rather than out of a legitimate desire to see justice served. Justice for this involves the courts and a jury of the accused's peers.
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And you want to make it easier to deprive people of their civil rights just by being accused of something, even without substantive evidence. If you really cared about the issue, you'd be questioning why these cases aren't being referred to the police for a real investigation and possible prosecution. The answer is that the goal here has nothing to do with justice, it's just another effort to demonize the relatively few men that remain in higher education.
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They investigate it as a violation of the student code of conduct and if, to whatever standards they want to use, think it's possible that the accusation is true, then they can kick the student out of school. It's not being tried as a criminal offense, which allows them to use a much lower legal standard and prevent the accused from standard things like retaining an attorney and cross-examining the accuser. And in most cases, the accusation never makes its way to the police for a real investigation, leading to cases where people are being deprived of their due process rights.
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+Jeff Chang, they do have a lower standard than criminal courts, but as you note, you do have rights and the plaintiff has to prove both that whatever happened and whatever damages they're seeking.
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Well, how else are we supposed to get rid of the few pesky men that actually managed to go to college? Right now, they're 40%, but if we keep persecuting them with false rape allegations, perhaps we can get it to the point where it's only women and gay men in college. /sarcasm
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