The Obama administration, however, has "jumped the shark" with a new Department of Education order to colleges and universities that receive federal money to adopt new "standards" when deciding sexual harassment and sexual assault cases against students, faculty, and employees. The Foundation for Individual Rights in Education (FIRE) reports:
Under the new regulations, announced in an April 4, 2011, letter from Assistant Secretary for Civil Rights Russlynn Ali, colleges and universities receiving federal funding must employ a "preponderance of the evidence" standard—a 50.01%, "more likely than not" evidentiary burden—when adjudicating student complaints concerning sexual harassment or sexual violence. Institutions that do not comply face federal investigation and the loss of federal funding.In other words, the government is demanding that more males on college campuses be offered up on the altar of Political Correctness and Feminism. There is no other explanation.
For years, feminists have tried to lower legal standards for criminal convictions in rape and sexual assault cases, and they really don't care that such actions result in wrongful convictions and innocent people being sent to prison. (To most hardcore feminists, there is no such thing as an "innocent" male.)
FIRE's press release continues:
"The Office for Civil Rights' unilateral revision of campus codes across the country is unquestionably unjust. Students accused of serious crimes like rape should not be tried under the same standard of proof used for a parking ticket," said FIRE President Greg Lukianoff. "OCR is proceeding from the fallacy that reducing protections for the accused will somehow increase justice. This is a dangerous and wrongheaded idea that will undermine the accuracy and reliability of the findings of campus courts."My sense is that this is the Obama administration's answer to the infamous Duke Lacrosse Case which fell apart when it became obvious that not only was accuser Crystal Mangum lying, but police and prosecutors -- Durham County D.A. Michael Nifong even was disbarred for his role in the case -- were in on the Big Lie. The outcome was not popular either with civil rights groups and feminists, who believed that the three defendants in the case should have gone to prison for what they WERE, not what they did or did not do.
OCR is the federal agency tasked with enforcing federal civil rights laws, including Title IX, in educational programs and institutions that receive federal funding. OCR's April 4 letter decrees that under Title IX, the "prompt and equitable resolution" of student complaints regarding sexual harassment and sexual violence requires that "school[s] must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred)"—a requirement not previously discovered in the 39-year-old law. OCR explicitly rules out the use of higher standards of proof, stating that university judicial systems maintaining the "clear and convincing" standard—which requires accusers to prove that "it is highly probable or reasonably certain that the sexual harassment or violence occurred"—are "not equitable under Title IX." Both standards of proof fall far short of the "beyond a reasonable doubt" standard required in every criminal case in the United States.
After the charges were dismissed in 2007, the Marxist and feminist sites were seething, and the North Carolina NAACP continued to claim that the lacrosse players raped Mangum. (Now that Mangum is charged with murder, the Marxists, feminists, and civil rights advocates have been a bit more silent.)
So, we now have the government's answer to the Duke case: turn campus disciplinary hearings into kangaroo courts -- if it is possible to make them even bigger farces than many of them are at the present time. If the law did not put the Duke boys into prison, then maybe a future young man accused of rape (and who is falsely accused) can have his life ruined.
As I see it, many colleges and universities are welcoming this ruling, and not because it has anything to do with justice. Instead, it will further strengthen the atmosphere of Political Correctness that already rules in higher education.
Now, given the prevalence of alcohol and drug consumption in the contemporary college scene, and given the fact that the current generation of young people don't seem to have many sexual inhibitions, I hardly am surprised that there are going to be unwanted, or at least regretted, sexual encounters. However, keep in mind that colleges, through the unabashed handing out of condoms everywhere and through their constant promotion of the Sexual Revolution, also are helping to bring on this collision course.
So, how are we to handle a bad situation? Obama has the answer: create more kangaroo courts. In other words, deal with the decline of civilization by attacking one of the last bastions of civilized society: due process of law.