General Discussion
In reply to the discussion: When a Student Confides a Rape, Should a Professor Have to Report It? [View all]branford
(4,462 posts)As I've indicated to you in other portions of this thread, the complaints about the new Dept. of Education regulation concern due process afforded the accused.
The regulations essentially presume the guilt of the accused, and deny them any reasonable opportunity to defend themselves from a claim that they committed a serious felony. No one should be punished, either in a court of law or university proceeding, without the presumption of innocence, accepted due process protections, and demonstrable proof of guilt, regardless of whether the allegations concerns sexual assault or anything else.
If evidence of the accused's guilt cannot be ascertained under well accepted and longstanding legal guidelines and principles, they should not be punished.
As the many lawsuits against the universities now suggest, these victims may indeed see the inside of a courtroom. However, because of the shortsightedness and activism of the Dept. of Education, rather than a criminal prosecution, these individuals will be defendants and witnesses in civil suits and potentially facing judgment in favor of their attackers.