Due Process, Federalism And American Colleges

http://freebeacon.com/culture/no-touching/Bruce Fleming

Think that’s scary? What happens next is even worse. Following guidelines from the Obama administration Office of Civil Rights, you will likely be denied representation by a lawyer, forbidden from presenting exonerating evidence or asking questions of your accuser (who will invariably be referred to as the “victim” or the “survivor”), be subject to the decision of a college administrator who is under pressure to show that her (as it almost always is) institution is eagerly working with the federal government’s esoteric understanding of Title IX, and found guilty if there is a 50.01 percent chance you failed to get consent, or lost it at some point unbeknownst to you. The press will rake you over the coals and your future, now that you’re expelled and branded a sexual malefactor, will be compromised.

Gay guys, don’t breathe a sigh of relief yet. You have it just as bad, arguably worse. A case at Brandeis University that the book highlighted involves two men, one of whom was found guilty of nonconsensual sexual conduct because he looked at the other man, who he subsequently had an affair with, in the communal shower without getting consent. The looking was the misconduct, not the affair.

This is the Brave New World of sex in college under the Obama administration. Well, some colleges. Reports of sexual assault, a spectrum of acts that range from looking to touching, to what one woman interviewed (an opponent of the current rules) calls a “test kiss,” to actual rape of passed-out women or even penetration by force, are much higher at prestigious Ivy-level universities than other schools. That means it’s a problem, if it is one, of rich kids. Or their invention.