IWF– The pendulum seems to be swinging back toward sanity on the campus sexual-assault front, where college administrators typically play prosecutor, jury, and executioner simultaneously.
A San Diego Superior Court judge has nullified the University of California-San Diego’s suspension of a male student for allegedly forcing a female classmate to engage in sexual activities against her will in February 14, and also ordered the university to drop all other sanctions against the young man, known only in the court records as “John Doe.”
It was a resounding victory for Doe. Not only did UC-San Diego fail to give him a fair hearing–he was prevented from confronting and cross-examining witnesses–but the university failed to offer enough evidence to support its finding that Doe had actually engaged in sexual misconduct, Judge Joel M. Pressman found. more
And it never occurs to them than the university is not a court or a government so it is perfectly OK for their actions to have NO due process. The university and the student have a contract that governs their relationship. State law may also be a factor. The contrat may be settled for breach in a civil court but the Superior courts should have ruled : Not our problem.
It is not the role of the courts to make life everywhere “fair”. And they should stop trying. But I am glad this one guy got a good outcome.
..”digital penetration “..
That’s only a three-bagger.
She’s probably a three-bagger too.
The University of California, San Diego, is a state organization, and so must provide due process rights for its students. However, in California even private organizations must arguably meet due process standards, and as a practical matter should do so as a matter of course. California has many consumer protection laws, including something called the Unruh Act, which gives consumers considerable rights even against private businesses in areas of discrimination. In addition, due to the popularity of licensing virtually every occupation, the failure to provide minimal due process may result in actions against the license. This is not to say that formal hearings should be conducted in every, or even most instances, but decisions should be grounded sufficiently to avoid claims that these were taken in arbitrary and capricious manners.
I find it ironic that many of these concepts were demanded by leftists in order to protect them in their advocacy of their fringe beliefs, but now are being used by ordinary citizens in order to protect them from the actions of the lunatic left. To leftists, an allegation of sexual assault or rape should be, in and of itself, enough to substantiate the charge and impose discipline or penalties; to require actual evidence and consideration of the actual facts of any charge is not what they want.
Finally, as a matter of practical advice, male college students would be well advised to not fuck the crazy – and yes, one can almost always spot the crazy. This guy ultimately prevailed, but not without a lot of time, effort and money on his part.