Author Topic: California colleges to make proving innocence a punishable offense  (Read 553 times)

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rangerrebew

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California colleges to make proving innocence a punishable offense
By Ashe Schow (@AsheSchow) • 1/15/16 4:53 PM
 

Advocates for due process knew this day was coming. We knew that one day colleges would notice that there was only one way for students accused of sexual assault would be able to defend themselves and that the colleges would make that defense itself a violation of policy.

Of course the new policy is coming out of California, which led the way in inserting campus bureaucrats into the bedroom with its "affirmative consent" policies. These policies mandate how students must engage in sexual activity – not as a passionate act but as a contractual question-and-answer session. The only way to prove one followed such a policy is to videotape the encounter, but now, California colleges are making such recordings a violation of school policy.

Due process advocates knew that one day a student would try to record an encounter to retain evidence that he obtained sober consent. We also knew that if an accuser claimed she was too drunk to consent to sex, someone would make the argument that she must have also been too drunk to consent to a recording. And that's where the new policy comes in.

In a Q&A with the University of California's daily newspaper, the Daily Bruin, Title IX officer Kathleen Salvaty said students could be expelled for recording sexual encounters without consent.
 

Salvaty had been asked about the new policies including mandatory minimums for sexual assault, which include a two-year sanction for most cases. We'll set that aside for a moment. Salvaty said the sanctions can include expulsion, and listed the offenses that were subject to the mandatory minimums.

"Aggravated conduct is sexual assault, domestic violence or stalking, in which at least one of the following factors is present: use of force, causing or taking advantage of incapacitation or recording or showing sexual images without consent," Salvaty said.

New policies in effect at California universities also shift the adjudication process away from hearings and evidence and deliberation to the single-investigator model, which is opened to severe bias. Now, an investigator and the university (who is under pressure from the Education Department to find more students responsible) will conduct the investigation and determine culpability. If the accused student is found responsible he or she (more likely he) can appeal the decision and only then will he get a hearing.

The odds of the appeal body overturning a decision will be slim when the evidence they have is from a biased investigator. I've seen cases where appeals courts refuse to accept new evidence from accused students and end up affirming the original decision. The new California policies all but guarantee accused students will be found responsible without a fair or impartial investigation.

Now back to the mandatory minimums. These schools don't provide accused students with the means to defend themselves (and are now actively punishing them for providing the only evidence they could possibly present in their favor) and then want to impose mandatory minimum sanctions. Schools in California are railroading students and then ruining their lives without any care for the truth or due process.

http://www.washingtonexaminer.com/california-colleges-to-make-proving-innocence-a-punishable-offense/article/2580663
« Last Edit: January 17, 2016, 10:28:24 am by rangerrebew »

Offline Charlespg

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Re: California colleges to make proving innocence a punishable offense
« Reply #1 on: January 17, 2016, 11:07:35 pm »
Unfortunately this crap will not stop until one these places is sued into bankruptcy
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Offline 240B

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Re: California colleges to make proving innocence a punishable offense
« Reply #2 on: January 18, 2016, 12:51:46 am »
I once made friends with a coworker. We ate lunch together almost every day. We went to movies together on the weekend. It was nice.

But with the environment the Liberals have created, I was scared to death of her. It was right there in front of me for the taking, but, I couldn't even kiss her, much less anything else, even though she appeared to want to. Because I knew that if she ever went to HR, with any kind or story, for any reason at all, that it would cost me my job.

She seemed confused and may have thought I was gay. It was a weird situation. I wanted it so bad, and it was right there, but I was too nervous to close the deal. That is the twisted world the Liberals have constructed.

I liked her a lot, but I had to stop seeing her. For no other reason than fear of legal consequences. The potential for legal consequences, has deeply affected the way that men deal with women these days.

I was sitting by the pool with my bother and a beautiful young woman walked by in what I guess passes for a bikini. I said to my brother, OMG! Look at that. I was expecting him to say, Yeah, I'd hit that!, or something like that.

What he said was, That is nothing but a hundred pounds trouble, wearing a black bikini.

I think that summarizes the way many guys are looking at women today. I know guys who will not allow themselves to be alone with a female in any circumstances. For example, they will not get on an elevator, if there is only one woman or mostly women in it. They have video cameras in their office. They are paranoid of being set up.

All a female has to do is to 'claim' rape or assault, regardless of any circumstances or truth, a you are suddenly in a tornado of trouble that you cannot escape. It can ruin your life. Having a sword of Damocles like that hanging over your head, will definitely reign in your horses when it comes to pursuing sex.

I don't think I would record sex, but I do have 'legal consent forms' from my lawyer that have to be initialed, signed in triplicate, and legally notarized before any contact of any kind that could be considered intimate in any way can occur.
« Last Edit: January 18, 2016, 01:01:56 am by 240B »
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If they kill their own with no conscience, there is nothing to stop them from killing you.
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