I remember how it was -- JR
New Title IX Rules Erase Campus Due Process Protections
On Friday, the Biden administration unveiled final Title IX regulations, nearly two years after the administration proposed dramatic changes to how colleges handle sexual assault allegations. The new rules largely mirror proposed regulations released last year and will effectively reverse Trump-era due process reforms.
According to the final regulations, accused students will lose their right to a guaranteed live hearing with the opportunity to have a representative cross-examine their accuser. This is accompanied by a return to the "single-investigator model," which allows a single administrator to investigate and decide the outcome of a case.
Further, under the new rules, most schools will be required to use the "preponderance of the evidence" standard, which directs administrators to find a student responsible if just 51 percent of the evidence points to their guilt. Schools are also no longer required to provide accused students with the full content of the evidence against them. Instead, universities are only bound to provide students with a description of the "relevant evidence," which may be provided "orally" rather than in writing.
This is a stunning rollback of due process rights for accused students. Under the new regulations, a student can be found responsible for sexually assaulting a classmate because a single administrator believed there was a 51 percent chance he had committed the assault, and this conclusion can be reached without ever allowing the accused student to know the full evidence against him or providing a hearing during which he could defend himself.
The rules also represent a continuing partisan tension in education policy. Following President Barack Obama's 2011 "Dear Colleague" letter, which first mandated campus sexual assault tribunals, regulations have flip-flopped consistently along party lines. In 2020, the Trump administration introduced broad due process rights for accused students while prohibiting schools from taking many cases that occurred off-campus. Today's reforms mark the third major change to Title IX regulations in as many presidents.
"Justice is only possible when hearings are fair for everyone. So today's regulations mean one thing: America's college students are less likely to receive justice if they find themselves in a Title IX proceeding," the Foundation for Individual Rights and Expression (FIRE) said in a Friday statement. "When administrators investigate the most serious kinds of campus misconduct, colleges should use the time-tested tools that make finding the truth more likely. But the new regulations no longer require them to do so."
So far, the new rules have been met with widespread praise from victims' rights groups.
"Students who experience sexual violence or discrimination shouldn't have to weigh our safety against our ability to go to class or participate in campus life," said college student Emily Bach in a press release from Know Your IX, a campus sexual assault awareness group. "The Biden Administration's updated Title IX rule will make sure that students who experience harm can come forward and seek support without jeopardizing our ability to graduate on time or get a degree."
But contrary to what many victims' rights activists say, due process rights for accused students are essential, not contrary, in treating campus sexual assault as a pressing issue. College sexual assault victims should be taken seriously—but taking their accusations with the gravity they deserve also means providing those they accuse with the right to defend themselves in kind.
Even if Title IX hearings don't have the gravity of criminal proceedings, they have the potential to upend accused students' lives. Students have been expelled, had their degrees revoked, or even been deported after being found responsible for a Title IX violation.
If we want university investigations into sexual assault allegations to maintain any sheen of legitimacy, we can't entrust the power to inflict such severe penalties to a single administrator working behind closed doors. Instead, we need a process that puts due process front and center—any other system quickly becomes shamefully untrustworthy.
https://reason.com/2024/04/19/new-title-ix-rules-erase-campus-due-process-protections
***********************************************Restore Order and Crush the Campus Jihadist Thugs
In his 1790 letter to the Hebrew Congregation in Newport, Rhode Island, President George Washington reached a stirring conclusion: “May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit in safety under his own vine and fig tree, and there shall be none to make him afraid.”
Washington is rolling in his grave right now at Mount Vernon.
Jews are so “afraid” at Columbia University that an Orthodox campus rabbi recently urged students to “return home as soon as possible.” The situation at many purportedly “elite” universities is dire, as jihadist mania supplants Black Lives Matter as the vogue, faux-moral cause rotting the minds of impressionable Gen Zers.
Hamas’ useful campus idiots are, at best, blithering morons. They do not realize that Zionism — the Jewish people’s national liberation movement in their ancestral homeland — is the quintessence of the very “anticolonialism” and “indigenous people’s rights” they claim to champion. They are clueless about international law and how the doctrine of uti possidetis juris establishes that Israel has the best legal claim to Judea and Samaria (i.e., the West Bank). They know nothing about warfighting; John Spencer, head of urban warfare studies at West Point, has demonstrated that Israel’s combatant-to-civilian death ratio in Gaza since the war began is “historically low for modern urban warfare.”
Why let inconvenient facts get in the way of the thrill one feels for supporting a chic social justice movement … er, genocidal terrorist organization?
The activism now upending Columbia, Yale, Harvard and other morally bankrupt institutions is done in explicit support of a U.S. State Department-recognized foreign terrorist organization . Keffiyeh-wearing mini-jihadis at Columbia recently chanted “We are Hamas!” and “Long live Hamas!” Other agitators at Columbia called for Tel Aviv — a liberal secular city that will remain in Israeli hands under any possible future settlement with the Palestinian-Arabs — to be “burned to the ground.” At the University of Michigan (where my speech in November was shouted down by a pro-Hamas mob), student Hamasniks distributed a pamphlet that says “Freedom for Palestine means Death to America.”
Give them credit for the candor.
It gets worse. At Yale, a Jewish student was stabbed in the eye with a flagpole and was rushed to the hospital. At Columbia, a Jewish parent described her husband picking up their freshman daughter to remove her from the jihadist-infested campus grounds as akin to “refugees fleeing a war zone.”
This is completely unacceptable.
Jewish students have the same basic Title VI rights as everyone else. Those rights must be enforced. Much of the organized conduct now setting these campuses aflame also runs afoul of federal laws that ban, on the one hand, material support for terrorism on the one hand and, on the other hand, conspiracy to deprive individuals of their constitutional rights. Furthermore, much of the insanity now unfolding on campus under the guise of “speech” is not, as I recently argued in an Intercollegiate Studies Institute-hosted debate in Cambridge, Massachusetts, actually speech. Impersonating Hitler Youth by clamoring for Jewish genocide is not protected speech under any private university’s code of conduct. Displaying the Palestinian flag, moreover, is not an act of “speech” at all; it is conduct indistinguishable from waving a Nazi swastika.
Where are elected officials to protect Jewish civil rights, administrators to suspend and expel miscreants, and prosecutors to press charges against jihadists? Incidentally, Students for Justice in Palestine, the outfit organizing much of the campus mayhem, is surely overdue for a massive terror financing prosecution a la the Holy Land Foundation trial of 2008.
The basic formula for fighting back against Hamas’ useful campus idiots is simple: suspend, expel, arrest, prosecute and, as appropriate, deport the abominable mini-jihadis.
It is also well past time to send in the National Guard. What we are dealing with right now on college campuses is a sprawling — systemic, one might say — conspiracy to deprive Jewish students of basic equal rights. The Hamas supporters today are the spiritual, functional and legal descendants of Orval Faubus at Little Rock Central High School in 1957. President Dwight Eisenhower was correct back then to send in the 101st Airborne Division to secure civil rights. That is needed once again.
It is perhaps fitting that it is now Passover on the Jewish calendar. At our Seders earlier this week, we read in the Haggadah: “This is what has stood by our fathers and us! For not just one alone has risen against us to destroy us, but in every generation they rise against us to destroy us; and the Holy One, blessed be He, saves us from their hand!”
It has always been thus.
But for now, order must be restored on campus by any means necessary.
https://www.dailysignal.com/2024/04/26/restore-order-and-crush-the-campus-jihadist-thugs/
****************************************************The Marxists Come Out at George Washington University
The Boston Police Department arrested more than 100 pro-Palestinian protesters Wednesday evening at Emerson College, the Daily Caller News Foundation confirmed.
Students have been protesting since Sunday and created an encampment in an alleyway partially owned by the college despite being warned that they were in violation of city ordinances, according to CBS News Boston. Police made a total of 108 arrests and broke up the encampment after warning protesters again to leave the area, a Boston police spokesperson told the Daily Caller News Foundation.
“108 arrests, four injured officers—three minor, one more serious. All non-life threatening,” the spokesperson said. “No protesters in custody have reported injuries at this time. Protesters will be arraigned in Boston Municipal Court.”
The department did not elaborate on whether the protesters had been released or what they were being charged with. The school has not made a statement on the arrests, but classes were canceled Thursday, according to CBS News Boston.
The administration urged protesters in a statement Wednesday to abide by city laws and clear out the encampment, according to an announcement to the school.
“Most notably, the commissioners expressed that the tents occupying Boylston Place Alley violate city ordinances prohibiting tents in a public right of way,” the announcement reads. “They also noted alleged violations involving blocking pedestrian access to the alley, public noise violations, and ongoing reports of fire hazards posed by blocking doors and hydrants. These are not Emerson College rules, but laws and ordinances enforced by the city and the commonwealth.”
The college also noted that it had received reports that there had been “targeted harassment and intimidation of Jewish supporters of Israel and students, staff, faculty, and neighbors seeking to pass through the alley” from protesters and that this behavior was “unacceptable,” according to the school’s announcement.
Pro-Palestinian protests have been erupting across the country following the arrest of nearly 100 students at Columbia University who were protesting the school’s ties to Israel. Groups at Yale, the Massachusetts Institute of Technology (MIT), and the University of North Carolina at Chapel Hill, among others, have started encampments, calling for the universities to meet their demands to boycott, divest from, and sanction Israel over its war with Hamas.
Hamas launched an attack on Israel on Oct. 7, killing more than 1,200 people and taking more than 250 hostages, including Americans.
Emerson did not immediately respond to the Daily Caller News Foundation’s request for comment.
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My other blogs: Main ones below
http://dissectleft.blogspot.com (DISSECTING LEFTISM)
http://antigreen.blogspot.com (GREENIE WATCH)
http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)
http://australian-politics.blogspot.com/ (AUSTRALIAN POLITICS)
http://snorphty.blogspot.com/ (TONGUE-TIED)
http://jonjayray.com/blogall.html More blogs
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