In College Sexual Assault Cases, False Accusers No Longer Deserve Guaranteed Anonymity

"You better be telling the truth, or this is coming right back at you..."

“You better be telling the truth, or this is coming right back at you…”

Especially now that the Obama administration has demanded that colleges strip away the basic rights of students accused of rape, the practice of not releasing a false accuser’s name to the media must end.

The compelled switch to a “predominance of the evidence” standard in such cases has led to too many false charges, too many wrongly punished male students, and too many scarred lives. High profile national leaders like Hillary Clinton are undeterred in supporting this power play by feminists, and university officials apparently don’t have sufficient regard for fairness or even basic logic: the Department of Education threatened their income stream, so if a few male students get railroaded out of school and haunted for a lifetime with the stigma of being a rapist, the college leaders consider it a necessary sacrifice to the greater good.

It is only one case, but if the facts of the University of Michigan’s persecution of student Drew Sterrett are as they appear to be, this is signature significance: one incident this irrational  proves that campus sexual assault  hysteria has turned into a genuine, bona fide witch hunt, with the metaphor appropriate for once. There must be accountability, and the Obama Administration, the schools, their administrators, irresponsible leaders like Clinton, Sen. Kirsten Gillibrand and Rep. Jared Polis, and, yes, sorry, false accusers must share it.

Sterrett was forced to leave the University of Michigan in 2012 during his sophomore year, after a female’s student’s accusation of forced sexual intercourse was upheld under circumstances that would have made a kangaroo court, with real kangaroos, an improvement. He sued the university in federal court, arguing that  his 14th Amendment rights to due process had been violated. The only possible response to his claim, once one reads the account published in Slate, is “Ya think?” It is disturbing that anyone should have to sue to get such treatment recognized as outrageous. Apparently no one at the University of Michigan who has power possesses any ethical twitches whatsoever, while nobody with a passing knowledge of right and wrong has any power.

From Emily Yoffe: Continue reading

Trying To Find A Good Analogy For The Horrific Failure Of America’s Colleges Being Accompanied By The Myth That A College Degree Is Essential

Great. What is it you think you did???

Great. What is it you think you did???

This latest example of a “Look! College grads are too ignorant to come in out of the rain!” survey” isn’t entirely surprising to me, but it is infuriating in a new way. Usually I react to such things with intensified contempt for the grads themselves, their lack of intellectual curiosity, their failure to meet the barest of requirements for competent citizenship. I still feel that way, but my disgust has refocused on other miscreants: the schools themselves, but most of all, the shills for continuing the myth that a college education is not only indispensable for personal and professional success, but worth beggaring the nation to ensure that everyone obtains one.

From a press release of the American Council of Trustees and Alumni (and one which was ignored by the news media so they could spend all their time giving Donald Trump free publicity. That’s incredibly incompetent, but hey, the news media is run by college grads, so what do you expect?):

College Graduates Don’t Know Basic Facts About the Constitution

WASHINGTON, D.C., September 8, 2015 — The American Council of Trustees and Alumni (ACTA) today released a survey that shows how little college graduates and the general public know about the Constitution.

According to the study, nearly 10% of college graduates think Judith Sheindlin — commonly known as Judge Judy — is on the Supreme Court; one-third of college graduates can’t identify the Bill of Rights as a name given to a group of Constitutional amendments; and 32% believe that Representative John Boehner is the current president of the U.S. Senate. Shockingly, 46% of college grads don’t know the election cycle — six years for senators, two years for representatives. Turning to the general population, the report finds that over half (54%) of those surveyed cannot identify the Bill of Rights accurately, and over 1 in 10 (11%) of those ages 25–34 believe that the Constitution must be reauthorized every four years….

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The Ridiculous, Sad, But Somehow Not Very Surprising Tale Of The Plagiarizing College Vice-President In Charge Of Plagiarism

WheelockThis may be why cheating among  high school and college students is out of control.

Shirley Malone-Fenner, Wheelock College’s vice-president in charge of academic affairs for the Boston based college, resigned today.  The reason: though her responsibilities included oversight of the investigation and discipline of students accused of  academic plagiarism, Malone-Fenner’s welcome-back letter to the faculty last month…was plagiarized.

The inspiring four-page letter from Malone-Fenner contained at least six passages from the letter Harvard’s president Drew Faust wrote to her returning faculty in 2007. Experienced plagiarists, however—and who has more experience with plagiarism than a college’s academic affairs authority?— knows that it is better to mix sources, so the  letter also contained verbatim and barely altered phrases, sentences, and passages from  a 2004 welcome letter from the president of Rutgers University, as well as sections of  a 2010 letter from the president of the University of the Pacific in California.

A suspicious Wheelock professor ran Malone-Fenner’s letter through software the school uses to detect student plagiarism, discovering the damning parallels. The faculty subsequently called for her metaphorical head.

That head didn’t help matters by dreaming up pathetic explanations like this one, which she gave to the Boston Globe:

“In preparing my message, I reviewed many letters from other institutions and used words from others’ welcoming messages without attribution. What I intended to share is quite simple — I am excited about working with each member of the faculty to make this a most successful year.”

Translation: “Crap, you got me.”

What does what she was “trying to do” and how “excited” she was about it have to do with the fact that she obviously and unethically tried to pass off the words of others as her own? I bet many of the students she has nailed for plagiarism have come up with better excuses than that. Continue reading

If They Threw Elliot In Jail For Kissing Erika Eleniak, What Would Have Happened To E.T.?

In a memorable scene in “E.T.,” young hero Elliot (Henry Thomas), intoxicated by his psychic link to his marooned space alien pal, loses impulse control during Middle School science class and, while E.T. watches John Wayne’s passionate kiss with Maureen O’Hara in “The Quite Man,” embraces the class heart-throb—played by barely pubescent “Baywatch” babe-to-be Erika Eleniak!

Erika

— and gives her a passionate smooch.

If Spielberg’s classic premiered today, this scene might be condemned as sexual assault by feminists, who would insist that Elliot should have been charged. Is that really fair? Rational? Sane?

At  Pikesville (Maryland) Middle School, a 13-year-old boy has been charged with second-degree assault for kissing a 14-year-old girl on a dare. Police were called to the scene by the school, undoubtedly influenced by the current sexual assault freak-out on college campuses. (The proper response of an ethical and well-led police force, by the way, would be “Don’t waste our time.”) Continue reading

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

head blows“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading

The Greensboro College “It Stops Here” Ethics Train Wreck

Everybody’s unethical here.

As usual, however, it starts at the top.

It Stops HereGreensboro College in North Carolina  adopted a new policy on student sexual misconduct, and it requires all first year students to attend a performance of  a one hour play, “It Stops Here,” written and directed by student Michaela Richards, based upon “accounts of sexual assault submitted by survivors.”

Ethics Foul 1 (Greensboro): A female-authored play based on “survivors” accounts is a one-sided, biased and ideological work by its very nature. Do we know that the real incidents are being fairly represented, or would the claims of a “Mattress Girl” be included? Presumably proof of “sexual assault” is being validated by the infamous “Dear Colleague” letter from the Obama Administration that has led to multiple examples of male students being harshly punished in violation of basic due process principles.  It is entirely written from a woman’s/alleged victim’s point of view, and thus certain to be received as hostile and unfair by male students.

Ethics principles violated: Responsibility, honesty, fairness, competence.

Ethics Foul II (Greensboro): Using a work of fiction to inform students about a policy is incompetent. Fiction is always infused with the viewpoint, agendas and biases of the playwright; in this case, such a work is bound to be political. A sincere effort to instruct students on policy should have no political content at all.

Ethics principles violated: Abuse of power, responsibility, respect, competence.

Ethics Foul III: Forced viewing of a work of art isn’t instruction, but indoctrination. In a play, any audience member should have the option of walking out. This is especially true of a play written and performed by amateurs. “The student actors on stage are telling stories of an extremely sensitive nature that should be viewed in a respectful manner,” the president of the college said. “We expect no less of our students, who should know better than to make light of an extremely serious subject that affects us all.” WRONG. Forcing students to watch a play consisting of a slanted view of the sexual assault issue on campus is not respectful. It is, in fact, an insult and a provocation.

Ethics principles violated (Greensboro): Abuse of power, respect, fairness, prudence, regard for personal autonomy.

When people, especially young people and especially American young people who, thank heaven, are still imbued by the culture with a natural detestation of arrogant authority and the courage to defy it, are commanded to do something they shouldn’t be, like to watch an agitprop play, they tend to resist. They did, too:

Members of the audience frequently heckled the cast and shouted sexually explicit remarks.“Many of the boys started calling out ‘She wanted it, it’s not rape,’ and making masturbation noises,” stage manager Claire Sellers told a local news station. Sellers said the remarks were so excessive that cast members “became physically ill and vomited after the show because they were so vulgar.”

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Welcome To My World

Suicide jokes, however, are fine...

Suicide jokes, however, are fine

In the ethics CLE (Continuing Legal Education) world, seminar attendees rank presenters. Ethics is a much-detested topic; if you can crack 3 (out of 5, the best), you are doing well. My scores are usually between 4.6 and 4.9.

Attendees are also invited to write comments. I recently received the survey summaries from an out-of-state seminar I taught to a section of that state’s bar. The response during an immediately after the seminar was terrific, so I expected my usual ratings. The coordinator sent me an e-mail stating that my scores were “very good overall” (4.7, in fact) but that there were “concerns about a rape joke in my presentation.”

There was no rape joke in the session. I don’t make rape jokes.

I had been talking about Donald Trump’s lawyer, in an incident I posted about here, incompetently saying that “you can’t rape your spouse.” “You can rape your spouse,” I said. “I have this image of hopeful spousal abusers reading this idiot’s comments and saying, “This is great!”

I wrote back to the coordinator and said that I wanted my objection to this characterization in my files and on the record. I know how it works. All that is remembered later is the complaint, and groups, even bars, are controversy averse. Next year, when they are deciding whether to have me speak, all that has to happen is for someone to say, “Wasn’t there some rape joke he made that we got flack for?” That would be enough; nobody would check, nobody would investigate. I would be eliminated as a potential speaker, probably for all time. They might even tell another bar association about the episode when they are called about whether to use me. “Well, his seminar was popular, but there was some problem about a rape joke he told.”

I asked to see all the surveys. The “concern” about my “rape joke” consisted of exactly one anonymous comment out of a hundred attendees.

I would estimate political correctness hyper-sensitivity by single attendees cost me about a client a year. The other members of their groups have to be saddled with boring ethics seminars because one lawyer had to prove how vigilant he or she was in being properly offended.

(Now THIS is a rape joke...and I would never tell it.)

Send In The Clowns: Larry Lessig’s Scholarly, Ignorant, Insulting, Unethical Candidacy

Full disclosure: Because I believe that nobody in the history of photography who wasn't pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn't trust him anyway.

Full disclosure: Because I believe that nobody in the history of photography who wasn’t pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn’t trust him anyway.

[Running out of time tonight, due to an unexpected crisis. Unethical Presidential Candidate Sunday will be extended into Labor Day. I have four posts in the can…]

Harvard Law Professor Larry Lessig, being either  bored, puckish, naive or having had a psychotic break, has declared his candidacy for the Democratic nomination for President with the following “plan”: Continue reading

The War Against Wonder Woman

Wonder-Woman-Flying

For a lot of reasons, I have avoided commenting on this story until now. First of all, it is so stupid that if there is someone who wants to defend the conduct of the school in the matter, I don’t want to know them or read them, and I generally don’t post about the obvious. Second, we still don’t have a name of the victim of the anti-Wonder Woman attack, the school involved, or the teacher or administrator involved. Finally, I’m suspicious: a Wonder Woman movie is nearing release, and this seems awfully convenient.

The tale began with a post by someone claiming to be the parent of a little girl named Laura who was sent home is shame because her Wonder Woman lunch box violated school policy. The letter sent home with Laura, which someone supposedly photographed, is head-explosion worthy: Continue reading

Incompetent Elected Official Of The Month: Rep. Matt Salmon (R-Ariz.)

What’s the matter with this guy?

Rep. Salmon is apparently obsessed with the coming Congressional showdown over the President’s marvelous “Let’s not let the Iranians get nukes until  15 years from now when I’ll be long gone, assuming they don’t cheat and get them earlier which they almost certainly will” treaty with Iran, a jewel in the crown of his proud legacy.  The Congressman is so obsessed that he couldn’t stop himself from fear-mongering about the dangers of the agreement while doing a civics presentation at the San Tan Charter School. He also apparently was so passionate that he thought he was talking to teeny voters rather than  second and third-graders.
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