Rape on campus is a significant problem, and so are false accusations of rape. Despite much sensationalism, however, neither is an epidemic โ a fact for which we may all be thankful.
What is an epidemic, however, is the hysteria and misandry that haveย been fomentedย regarding sexual assault on campus, as well as the sweeping reforms that have been hostile to due process and the dignity of the wrongly accused.
The most prominent of educationย reforms premised upon this hostility to the wrongly accusedย isย the April 4, 2011 โDear Colleagueโ letter, issued by the Department of Education. Despite the lack of investigatory and prosecutorial competence amongย educationย administrators regarding felony accusations, this โguidance letterโ compels schools to adjudicate every sexual assault accusation among students, and come to conclusions that may be radically different from what the police and courts decide.
Worse, it requires schools to use an egregiously low standard of evidence, and stacks the penalties for when schools get it wrongย (fines and so forth)ย in favor of the accuser.ย A wave of lawsuits are already underwayย by young menย who allege they have been victims of discrimination and denied any semblance of due process.ย Hundreds ofย articles have been writtenย criticizing the current system. More will undoubtedly come.
The Campus Accountability and Safety Act (CASA), spearheadedย by Senator Claire McCaskill and sponsored by numerous others, is the next well-intended but ultimately misguided piece of legislationย purporting to address sexual assault on campus. Prior toย the formulation of this bill,ย Senator McCaskill hosted three โroundtableโ discussions on how to proceed, but only Feminists, and advocates and education administrators of similar mind (Title IX Coordinators, Deans of Students, and so forth) were allowed to take part.
Absolutely no one who had demonstrated a concern for due process and the wrongly accused was allowed to sit on this โround tableโ discussion.
The advocacy groupย Stop Abusive and Violent Environments (SAVE)ย has produced an excellent summary of CASA, andย many others have weighed in as well. Below isย a summary of my objections to several CASA provisions, followed by what CASA gets right.
The Language of Casa Is Consistently Hostile to Due Process
The language of the bill itself consistently conflatesย words like โvictimโ and โsurvivorโย withย the word โaccuser.โ It is read as though the authors of the bill believe that no one has ever been wrongly accused, a notion which is objectivelyย false.
Language matters, especially the language of law. Law is more than just the letter of procedure; it is an institutionalization ofย social attitudes, and a cavalier attitude toward the wrongly accused has no place in law.
Casa Establishes โConfidential Advisorsโ Withย Clear Conflicts of Interest, and Whose Existence Is in Itself Discriminatory Sinceย No Such Assistance Is Provided to the Accused
CASA requires each school to designateย a โconfidential advisorโ to assist each accuser. These advisors take on investigation, advocacy, and advisory roles, creating a clear conflict of interest.
Again, language matters. Letโs go ahead and replace โconfidentialโ with โsecretiveโ since it is more representative of that role, which is overwhelmingly performed behind closed doors and very little public accountability.
Per CASA, these secretive advisors will be trained in โvictim-centeredโย material. Of course, by โvictimโ the bill in no way ever means victims of wrongful accusations, and these secretive advisors will not be trained in any of their experiences or needs, or how they may inadvertently act against them in a discriminatory or unjust fashion. These materials will likely come from those who dominate the discussion on sexual assault; in other words, they will likely be Feminist or Feminist-inspired in nature.
Although they are required to read literature on sexual assault,ย there is no official standard of qualifications or benchmark of competence that these secretive advisors must attain or hold themselves to that can be objectively verified by the wider public. They are not required to have any particular background in crime at all. They can simply beย hired by nepotism, or the careerist or politicalย interests ofย administrators. This is not good for either rape victims or the wrongly accused.
The secretive advisor will also be required to inform (encourage?) the accuser that she may opt for restraining orders (which themselves are highlyย unconstitutional and issuedย virtually on the say-so of accusers). In this manner a falsely accused male student canย be excluded from the classroom and cut off from an education before he is even โfound guiltyโ by either the courtย or the school.
The secretive advisor, however, will not be required to report crimes to law enforcement.
No such assistance is provided to the wrongly accused, which is an imbalance of power that is tantamount to discrimination. No one on campus is obligated to inform him of his rights (or lack thereof), the best methods of proceeding in order to protect himself, and so forth. In most cases he is totally isolated, alone, and cut off from support โ which is arguably exactly what theseย people want.
Casa Mandates Sex Assault Surveys Which Have Little to No Academic Value and Are Highly Susceptible toย Political Hijacking
Under CASA, schools will require students to take online surveys about their experiences or perspectives on sexual assault every year. These surveys are worthless academically because anyone can say anything when responding to them. There is no cross-examination of any of the respondentsโ statements, soย these surveys amount to little more than a collection of anecdotes which are taken on faith.
These surveys are intended to help gauge the โacademic climate,โย but because of their incredible limitations they can only do so in a very superficial manner. Doubtlessly, however,ย they will beย hung on high as some kind of authoritative assessment by ideologues.
As has been demonstrated, schools are famous for arbitrarily adopting radically broad definitions of sexual assault, definitionsย that are not found anywhere in the legal system.ย There is no requirement in CASA that these surveys restrict themselves toย the legal definitions of these crimes, so there is no safeguard against them being hijacked by ideologues who would use broader definitions to inflate the rape figures.
Given that academia is ground zero for hate crime hoaxes (including false rape accusations, many of which areย made by Feminists themselves as โrape awareness exercisesโ), these surveys can also be disingenuously influencedย by respondents as well. I highly doubt that a class of Gender Studies students will answer these surveys in accordance with how the law defines sexual assault.
Aย Perverse Incentive to Fine Schools in a Way That Compels Them to Railroad the Accused
Former Department of Education attorney Hans Bader wroteย an excellent article about a troubling provision in CASA.ย This provision lets the very office in the Department of Education (the Office of Civil Rights, or the OCR) that imposes fines on schools for failing to support accusers to theย nthย degree keep the money in its own hands, rather than passing it off to another office or the general departmental treasury (as is the custom in manyย similar government offices).
This creates a perverse incentive ย for the OCR to fine schools simply as a means of enriching their own officeย lining their own pockets.
What Does Casa Get Right?
There are some things CASA does right. For example, under the Clery Act schools were previously fined a flat $35,000 for omitting crimes in their campus crime statistics (which they are required to publish publicly).ย This put very little teeth in these fines when they are levied on large schools. CASA requires a sliding scale depending on the school, giving them more teeth against richer schools.
My objection to the nature of these fines (which is more of a problem with the Clery Act than CASA) is that they have always come out of support and services from the students, rather than out of the pockets of/services for administrators who mess up (I suggest taking it out of their retirement fund). The students are essentially punished for administrators messing up โ business as usual, in other words.
There are some other things CASA is good for: requiring schools tabulating dataย each year on how many cases were investigated, how many were referred to law enforcement, how many accused students were โfound guilty,โ and so forth. This actually makes the processย lessย secretive, and it will provoke more discussion into why there are certain disparities betweenย certain sets of data
Of course, we can be sure that Feminists & Friends will dogmatically assume every statisticย where a male student isnโt railroaded is evidence of a โrapist who got away,โย and hence groundsย for school adjudications to become even more draconian than they already are. But thankfully many voices are starting to stand up to advocate fair treatment for both accusers and the accused.
Alternative Legislation
I encourage you to supportย SAVEโs Safety of Our Students act (SOS).ย This bill places sex-assault investigations where they rightly belong: professionals in the criminal justice system. In this common-sense bill the school assumes a support role for the police and courts, rather thanย the other way around.
While websites like mine have aย broader, generic focus on educational equity for men and boys, I would like to recommend these organizations, which specialize in wrongful accusations on campus:
Thank You for Reading
If you like what you have read, feel free to sign up for our newsletter here:
Support Our Work
About the Author
Related Posts
2 Comments
Comments are closed.
Rape on campus is a significant problem, and so are false accusations of rape. Despite much sensationalism, however, neither is an epidemic โ a fact for which we may all be thankful.
What is an epidemic, however, is the hysteria and misandry that haveย been fomentedย regarding sexual assault on campus, as well as the sweeping reforms that have been hostile to due process and the dignity of the wrongly accused.
The most prominent of educationย reforms premised upon this hostility to the wrongly accusedย isย the April 4, 2011 โDear Colleagueโ letter, issued by the Department of Education. Despite the lack of investigatory and prosecutorial competence amongย educationย administrators regarding felony accusations, this โguidance letterโ compels schools to adjudicate every sexual assault accusation among students, and come to conclusions that may be radically different from what the police and courts decide.
Worse, it requires schools to use an egregiously low standard of evidence, and stacks the penalties for when schools get it wrongย (fines and so forth)ย in favor of the accuser.ย A wave of lawsuits are already underwayย by young menย who allege they have been victims of discrimination and denied any semblance of due process.ย Hundreds ofย articles have been writtenย criticizing the current system. More will undoubtedly come.
The Campus Accountability and Safety Act (CASA), spearheadedย by Senator Claire McCaskill and sponsored by numerous others, is the next well-intended but ultimately misguided piece of legislationย purporting to address sexual assault on campus. Prior toย the formulation of this bill,ย Senator McCaskill hosted three โroundtableโ discussions on how to proceed, but only Feminists, and advocates and education administrators of similar mind (Title IX Coordinators, Deans of Students, and so forth) were allowed to take part.
Absolutely no one who had demonstrated a concern for due process and the wrongly accused was allowed to sit on this โround tableโ discussion.
The advocacy groupย Stop Abusive and Violent Environments (SAVE)ย has produced an excellent summary of CASA, andย many others have weighed in as well. Below isย a summary of my objections to several CASA provisions, followed by what CASA gets right.
The Language of Casa Is Consistently Hostile to Due Process
The language of the bill itself consistently conflatesย words like โvictimโ and โsurvivorโย withย the word โaccuser.โ It is read as though the authors of the bill believe that no one has ever been wrongly accused, a notion which is objectivelyย false.
Language matters, especially the language of law. Law is more than just the letter of procedure; it is an institutionalization ofย social attitudes, and a cavalier attitude toward the wrongly accused has no place in law.
Casa Establishes โConfidential Advisorsโ Withย Clear Conflicts of Interest, and Whose Existence Is in Itself Discriminatory Sinceย No Such Assistance Is Provided to the Accused
CASA requires each school to designateย a โconfidential advisorโ to assist each accuser. These advisors take on investigation, advocacy, and advisory roles, creating a clear conflict of interest.
Again, language matters. Letโs go ahead and replace โconfidentialโ with โsecretiveโ since it is more representative of that role, which is overwhelmingly performed behind closed doors and very little public accountability.
Per CASA, these secretive advisors will be trained in โvictim-centeredโย material. Of course, by โvictimโ the bill in no way ever means victims of wrongful accusations, and these secretive advisors will not be trained in any of their experiences or needs, or how they may inadvertently act against them in a discriminatory or unjust fashion. These materials will likely come from those who dominate the discussion on sexual assault; in other words, they will likely be Feminist or Feminist-inspired in nature.
Although they are required to read literature on sexual assault,ย there is no official standard of qualifications or benchmark of competence that these secretive advisors must attain or hold themselves to that can be objectively verified by the wider public. They are not required to have any particular background in crime at all. They can simply beย hired by nepotism, or the careerist or politicalย interests ofย administrators. This is not good for either rape victims or the wrongly accused.
The secretive advisor will also be required to inform (encourage?) the accuser that she may opt for restraining orders (which themselves are highlyย unconstitutional and issuedย virtually on the say-so of accusers). In this manner a falsely accused male student canย be excluded from the classroom and cut off from an education before he is even โfound guiltyโ by either the courtย or the school.
The secretive advisor, however, will not be required to report crimes to law enforcement.
No such assistance is provided to the wrongly accused, which is an imbalance of power that is tantamount to discrimination. No one on campus is obligated to inform him of his rights (or lack thereof), the best methods of proceeding in order to protect himself, and so forth. In most cases he is totally isolated, alone, and cut off from support โ which is arguably exactly what theseย people want.
Casa Mandates Sex Assault Surveys Which Have Little to No Academic Value and Are Highly Susceptible toย Political Hijacking
Under CASA, schools will require students to take online surveys about their experiences or perspectives on sexual assault every year. These surveys are worthless academically because anyone can say anything when responding to them. There is no cross-examination of any of the respondentsโ statements, soย these surveys amount to little more than a collection of anecdotes which are taken on faith.
These surveys are intended to help gauge the โacademic climate,โย but because of their incredible limitations they can only do so in a very superficial manner. Doubtlessly, however,ย they will beย hung on high as some kind of authoritative assessment by ideologues.
As has been demonstrated, schools are famous for arbitrarily adopting radically broad definitions of sexual assault, definitionsย that are not found anywhere in the legal system.ย There is no requirement in CASA that these surveys restrict themselves toย the legal definitions of these crimes, so there is no safeguard against them being hijacked by ideologues who would use broader definitions to inflate the rape figures.
Given that academia is ground zero for hate crime hoaxes (including false rape accusations, many of which areย made by Feminists themselves as โrape awareness exercisesโ), these surveys can also be disingenuously influencedย by respondents as well. I highly doubt that a class of Gender Studies students will answer these surveys in accordance with how the law defines sexual assault.
Aย Perverse Incentive to Fine Schools in a Way That Compels Them to Railroad the Accused
Former Department of Education attorney Hans Bader wroteย an excellent article about a troubling provision in CASA.ย This provision lets the very office in the Department of Education (the Office of Civil Rights, or the OCR) that imposes fines on schools for failing to support accusers to theย nthย degree keep the money in its own hands, rather than passing it off to another office or the general departmental treasury (as is the custom in manyย similar government offices).
This creates a perverse incentive ย for the OCR to fine schools simply as a means of enriching their own officeย lining their own pockets.
What Does Casa Get Right?
There are some things CASA does right. For example, under the Clery Act schools were previously fined a flat $35,000 for omitting crimes in their campus crime statistics (which they are required to publish publicly).ย This put very little teeth in these fines when they are levied on large schools. CASA requires a sliding scale depending on the school, giving them more teeth against richer schools.
My objection to the nature of these fines (which is more of a problem with the Clery Act than CASA) is that they have always come out of support and services from the students, rather than out of the pockets of/services for administrators who mess up (I suggest taking it out of their retirement fund). The students are essentially punished for administrators messing up โ business as usual, in other words.
There are some other things CASA is good for: requiring schools tabulating dataย each year on how many cases were investigated, how many were referred to law enforcement, how many accused students were โfound guilty,โ and so forth. This actually makes the processย lessย secretive, and it will provoke more discussion into why there are certain disparities betweenย certain sets of data
Of course, we can be sure that Feminists & Friends will dogmatically assume every statisticย where a male student isnโt railroaded is evidence of a โrapist who got away,โย and hence groundsย for school adjudications to become even more draconian than they already are. But thankfully many voices are starting to stand up to advocate fair treatment for both accusers and the accused.
Alternative Legislation
I encourage you to supportย SAVEโs Safety of Our Students act (SOS).ย This bill places sex-assault investigations where they rightly belong: professionals in the criminal justice system. In this common-sense bill the school assumes a support role for the police and courts, rather thanย the other way around.
While websites like mine have aย broader, generic focus on educational equity for men and boys, I would like to recommend these organizations, which specialize in wrongful accusations on campus:
Thank You for Reading
If you like what you have read, feel free to sign up for our newsletter here:
Support Our Work
About the Author
Related Posts
2 Comments
-
“This bill places sex-assault investigations where they rightly belong: professionals in the criminal justice system. ”
This is exactly what should happen yet feminist are against it – probably because many false accusations will come to light.-
I recommend reading “Is There Anything Good About Men” (whose topic is the outrageousness of current feminism). Know what you’re dealing with.
-
Comments are closed.
More from Title IX for All
Accused Students Database
Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.
OCR Resolutions Database
Research resolved Title IX investigations of K-12 and postsecondary institutions by the Department of Educationโs Office for Civil Rights (OCR).
Attorneys Directory
A basic directory for looking up Title IX attorneys, most of whom have represented parties in litigation by accused students.
“This bill places sex-assault investigations where they rightly belong: professionals in the criminal justice system. ”
This is exactly what should happen yet feminist are against it – probably because many false accusations will come to light.
I recommend reading “Is There Anything Good About Men” (whose topic is the outrageousness of current feminism). Know what you’re dealing with.