On Campus, Absence of Due Process Extended to Gays

Rape and lesser incidents of sexual misconduct on college campus must not be tolerated, but false accusations without due process for the accused, often leading to sanctions or being expelled and a public record that can’t be challenged, are not justice. That’s been true of male-female student relationships on campus (where charges often follow sex that occurred while both individuals were inebriated or stoned), and now it’s been extended to gays, as the Washington Post reports about a case at Brandeis.

The charges here, however, involve a couple that dated for two years and, after the breakup, one accused the other of violations such as staring too much at him while he was undressed in the bathroom, and kissing him while he was asleep and thus unable to consent (did I mention this was a two-year relationship)?

The accused, who was not entitled to legal counsel, was sanctioned by university officials but not expelled. But “he is incensed that his life was turned upside down with what he believes was flagrant disregard for his due-process rights. And he worries about how the sanctions might affect his future.” The accuser “is outraged that the university did not expel his ex-boyfriend.”

The Post reports:

The current and former college students describe themselves as victims of false accusations amid a national campaign — led by the White House — to stamp out sexual violence on campuses. While the federal push to increase awareness of sexual assault is aimed at keeping students safe and holding the nation’s colleges and universities accountable, some of the accused say the pressure on their schools has led to an unfair tipping of the scales against them.

Maybe these incidents should be left to the judicial system when there is evidence of an actual crime. Otherwise, students should learn they are expected to take responsibility for their actions, including bad relationship decisions and morning-after regrets.

More. “Wink” comments:

So many microaggressions! This article should have had a trigger warning. I feel violated and plan to sue.

Furthermore. From Philadelphia Magazine: “The battle over what constitutes sexual assault on college campuses is reaching new levels of absurdity.” You think? But don’t try to tell that to Sen. Claire McCaskill.