I'm going to get slaughtered for even taking this stand, but when is it the woman's responsibility to stop rape?!? This girl (and I do mean to refer to her as an immature girl, because she certainly wasn't making the adult decisions of a woman or lady) got drunk, got in his bed, and then blamed him! He was drunk too; why is it when both are drunk the man gets blamed?
I have a BIG problem with universities pursuing sexual assault claims in a quasi-judicial proceeding with NONE of the typical defendant protections. The Channel 11 report said that this was a 15 minute hearing that impacted his college career and permanent college record. 15 minutes?!? And yet it wasn't important enough to her, to pursue the case with the police so that he could be prosecuted
If he is prosecuted and found guilty, kick his butt off campus. But don't do it based on a he-said, she-said quasi-judicial hearing. I'm not even sure it should be called quasi-judicial because none of the protections afforded a defendant in court are provided.
This from a law review article:
"As will be explained, it also effectuates a presumption that all accused students are guilty and institutes four reforms that will increase convictions without regard to guilt or innocence: (1) lowering the burden of proof in campus sexual assault trials to ďpreponderance of the evidence,Ē (2) establishing suspect evidentiary rules, (3) requiring schools to inform only complainants of their legal rights, and (4) giving a collegeís Title IX coordinator unbridled discretion to revise any sanction issued in a sexual assault proceeding.
A preponderance of evidence?!? That is the lowest standard within the judicial system and yet it is being applied by non-judicial arbiters who receive 'training' on Title IX.
How fair are these hearings?
Because college disciplinary boards generally do not afford a right against self-incrimination, the accused may be forced to testify or face expulsion. Statements made by the accused during the hearing, or to the investigating dean, may then be used against the student in the criminal case, even though he could not have been forced to testify in the criminal trial itself.
I'm not saying sexual assault is okay; there are rapes on and off campus and they are and should be dealt with by the police. I'm saying that instead of pulling the victim card so fast women need to take control of the situation and not put themselves in positions that make themselves vulnerable to assault. I.e, don't get drunk, crawl in to bed with a guy and then scream rape.