Campus Sexual Assault Witch Hunt Ethics Train Wreck

Unethical Op-Ed Of The Month: “Don’t Weaken Title IX Campus Sex Assault Policies” (The New York Times)

/ Jack Marshall / 37 Comments

Do you know what this monstrosity of an op-ed finds outrageous about Betsey DeVos’s efforts to undue the Obama administration’s “guilty unless proven innocent”  standard for campus rape allegations?  It involves too much due process, as in basic fairness before a citizen is grievously punished and harmed by the determination that he or she has committed a crime.. The authors, Jon Krakauer and Laura L. Dunn, put it this way:

“…the defendant is presumed at trial to be innocent — which encourages scrutiny of the accuser.”

Damn right it does. Before someone is punished for a vile crime like rape or sexual assault, the accuser’s credibility and motives must be established. Astonishingly, with all the horrific examples of men being falsely accused of rape, like here, here, and here, the campus activists, feminists, progressives and the social justice warriors continue to insist that any female accuser should be presumed to be a victim, meaning that the accused is de facto presumed to be guilty.

“Sex-crime trials, like all criminal proceedings, set an extremely high bar for conviction to diminish the chance that an innocent person will be unjustly incarcerated. In contrast, the harshest penalty a university can inflict in a Title IX hearing is expulsion, an outcome that does not demand such a stringent burden of proof. In these hearings, neither party is favored, and by leveling the procedural playing field, Title IX makes it more likely that students will report sexual violence.”

The problem with this supposed fairness of “neither party is favored” is that for one party, there are no negative consequences of an insufficiently-supported accusation being rejected. For the individual accused, the stakes are far greater, life altering and potentially dire. More:

“Whenever a student is accused of sexual assault, university administrators need to render their judgment with tremendous care, because erroneously determining that a student is responsible for sexual misconduct can cause lasting harm. But just as much care needs to be taken to make sure that students who commit sexual assault are not let off the hook.”

In other words, the ends justify the means. This is the same mindset expressed in 2015 by Democratic Congressman  Jared Polis, at a congressional hearing on campus sexual assault. 

He said, earning him an Unethical Quote and an Incompetent Elected Official designation on Ethics Alarms,

“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.”

Krakauer and  Dunn similarly shrug off the consequences to a young man of being falsely tarred as a rapist and kicked out of school: it’s not like staying in the college you enrolled in is a right. Like Polis, they pretend that there are minimal adverse life consequences from being branded a rapist. Continue reading →

Observations On The ‘Ole Miss’ Sigma Chi Derby Days Controversy

/ Jack Marshall / 26 Comments

Derby DaysNews Item:

The University of Mississippi’s Title IX office has launched an investigation after allegations surfaced on social media that men of the Sigma Chi fraternity asked sorority members questions tainted with sexual innuendo on a loud speaker system in front of hundreds of students at the closing festivities of Derby Days, the fraternity’s annual philanthropic initiative.

Those “allegations” came in the form of an emotional Facebook post by student Abby Bruce, who began,

“Tonight, my eyes watered up as I watched women be humiliated in the name of “philanthropy.” After a week long process of all the sororities on campus competing to raise money for Sigma Chi’s philanthropy, the guys proceeded to ask the contestants for their Derby Days queen over the mic at the dance competition where hundreds of women were gathered “which sigma chi they would go down on,” “what type of sausage would they prefer: linked or sigma chi,” and other questions of the like.”

Observations:

1. I’m sure Ole Miss administrators are shocked, shocked (I know this “Casablanca” reference is an over-used cliché, but it perfectly fits this episode) that fraternity members would use sexual innuendo at an event like this. In truth, this is undoubtedly been going on for decades, but the combination of the sexual assault posse culture that the Education Department’s “Dear Colleague” letter inflicted on campuses combined with social media shaming prompted the college to act as if it had no idea such vulgarity was going on.

The University of Mississippi has allowed and by its passivity endorsed such piggish conduct in its fraternities, and it is now grandstanding.

2. A Title IX investigation, in this case to see if frat boys making sexual innuendos about sorority girls during an extra-curricular event, is an abuse of the law and free speech intimidation, and is unwarranted, except, I suppose, to make Old Miss  immune from government harassment. The test in Title IX is whether conduct with sexual content and intent rises to the level of non-consensual and unwelcome sexual harassment in which students are “deprived of equal and free access to an education.”  Being subjected to rude comments on Derby Day when in all likelihood the women participating knew what was coming isn’t going to deprive anyone of anything. Continue reading →

Ethics Quiz: The Syracuse Kiss Cam Ban

/ Jack Marshall / 33 Comments

Kiss cam

The Syracuse University Carrier Dome kiss cam was taken out of service over the weekend and was not in operation during  the Syracuse-Central Michigan University football game, apparently because a letter to the editor  on Syracuse.com expressed the opinion that it encouraged sexual assault. So-called kiss cams are a tradition in some stadiums in which the scoreboard camera pans the crowd and picks out a couple who find themselves being displayed over or under a banner that encourages/demands that they kiss as the crowd roars. Typically, they do, laugh, and life goes on.

Yes, it’s stupid.

Letter writer Steve Port described watching two kiss cam scenes in which women didn’t seem to want to be kissed, but nearby men kissed them anyway as the crowd cheered.  He said such a practice condones and encourages “sexual assault and a sense of male entitlement, at best. And they are an actual instance of assault, at worst…No one has the right to forcefully touch someone be it a hug, a kiss or a violent rape.”

Well, I certainly agree that rape cam is a bad idea.

Port argued that “the Syracuse University student government, the chancellor, the athletic director, etc. review what happened last weekend and seriously consider the ramifications of what they are encouraging.” Spooked by the letter and the online response to it, the Syracuse administration discontinued the gimmick. One letter is all it took. “We are taking the time to assess the concerns expressed in the letter to the editor. We discussed this with POMCO, the sponsor, and they supported that approach,” Sue Edson, executive senior associate athletics director for communications, said in an email.

Your Ethics Alarms Ethics Quiz of the Day:

Is the kiss cam a provocation to sexual assault and a sense of male entitlement and therefore unethical?

Continue reading →

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

/ Jack Marshall / 34 Comments
"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 →

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

/ Jack Marshall / 21 Comments

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 →

Supplemental Comments On The President’s Ordered Kiss

/ Jack Marshall / 18 Comments

I’m in NYC for a law firm seminar, and expect to get back to Ethics Alarms late if at all, so I want to make a couple of clarifications lest the comments on yesterday’s Ethics Quiz go astray.

I am not blaming the President for what is a standard, culturally embedded demonstration of male dominance, presumed female submissiveness and abuse of power. He is part of the culture that tolerates this, and while it would be immensely beneficial if he used his influence as a role model to move us away from this conduct that is a major, if under-recognized, way that the glass ceiling is kept intact, I recognize that this is a lot to ask, and that he has other pressing matters to deal with.

Make no mistake, however, that the male power-hug, power-kiss is a stubborn remnant of the patriarchy. I know that astute feminists (and others, like me) know this, and the fact that they don’t have the integrity or the courage to condemn the conduct when it surface’s in  a political ally is disappointing if not surprising.

To those who (absurdly) claim that the woman’s response in the video was consensual, I only ask them to speculate what her alternative to submitting to the POTUS ordered smooch was. She knew the incident was on television. He is the leader of the free world, she is, by comparison and to the public, at least, nobody. Should she have embarrassed him by refusing? Should she reject the President of the United States when he his being “nice,” thus instantly making herself the center of a controversy? Of course not. This is why the position the President placed her in was unfair.

It is, however, incredibly, disturbingly common. From Richard Dawson’s mandatory kisses from female contestants on the original “Family Feud,” to the old lions of the plaintiffs bar trying to cop a feel with my young female staffers at an association convention, men in power, and men generally, feel they have a right to this culturally accepted invasion of a woman’s physical person, and women feel obligated to permit it. Every time they do, they do their little bit to keeping men in a step ahead of them.

That’s the real issue here, not sexual assault.

 

Ethics Quiz: A Sexual Assault By The President?

/ Jack Marshall / 106 Comments
"Kiss me, you saucy wench!"

“Kiss me, you saucy wench!”

I owe blogger Ann Althouse big time for this:  What an alert and accomplished troublemaker she is!

This seems like a “gotcha!” and it is certainly that. It is more, however, and raises both illuminating and difficult issues. Here is the video of Obama’s encounter while voting in Chicago today:

Here is Althouse:

“I thought only “yes” means yes: Did Obama get true, verbalized consent from that woman before he kissed her?  No. He did not…Obama orders her to kiss him: “You’re gonna kiss me. Give him something to talk about. Now, he’s really jealous.” As you see in the video, he makes that declarative statement and immediately grabs her and kisses and hugs her. Why is that acceptable? He’s using her in an effort to regain dignity and to humiliate the man who humiliated him. It might all be dismissed as play humiliation and play counter-humiliation. But the woman’s body was used as an object of that play, a means of communication between men.”

When I ran an all-female staff for a mostly rich old guy association, I gave a standing order that no staffer would submit to a kiss from a member, no matter how “playful” and no matter how high-ranking the man was. There can be no consent in such situations, and a man saying “You’re going to kiss me” and doing it a) without free and open consent and 2) under the duress and the compulsion of superior power (Gee, do you think the President of the United States automatically carries that with him? Not sure? Ask Bill Clinton.) has engaged in textbook sexual assault and battery. This conduct, which has been the subject of a major initiative by the Democrat feminist base this year, counts encounters just like the one in the video as the kind of campus sexual assault that gives them the “one in five women are victims” narrative to stoke this skirmish in the “war on women.” So your Ethics Alarms Ethics Quiz—and I suggest you reflect a while before you answer—is this:

Is what Obama did in the video ethical, in the sense that it was responsible, respectful, fair, acknowledging autonomy, not an abuse of power or position, and most of all, meeting the strict standard of male-female interaction that is being aggressively and pugnaciously advanced by his feminist supporters?

Continue reading →

Ethics Heroes: 28 Harvard Law Professors

/ Jack Marshall / 24 Comments
Campus sex is returning to the '50's....the 1850s.

Campus sex is returning to the ’50’s….the 1850s.

In 2011, the Obama Administration threatened universities with a loss of funding if they did not adopt a new “preponderance of the evidence” standard in evaluating alleged student sexual assault and sexual harassment. This was, few doubt, a sop thrown to the combative feminists among the Democratic base, those who detect a culture-wide “war on women” and who seek to cast co-eds as imperiled naifs even as the proclaim themselves the equals of men. Within three years this really bad idea has metastasized into the Campus Sexual Assault Witch Hunt Ethics Train Wreck, which would be getting more media attention but for the fact that the world is falling apart in chunks. Among its weirder effects is the proliferation of new “yes means yes” regulations, effectively taking all spontaneity, romance and fun out of sex, all in the service of dubious and cynically employed campus rape statistics. Take this, for example:

“Consider the sexual consent policy of California’s Claremont McKenna College, shared almost verbatim with other schools such as Occidental College in Los Angeles. Paragraphs long, consisting of multiple sections and subsections, and embedded within an even wordier 44-page document on harassment and sexual misconduct, Claremont’s sexual consent rules resemble nothing so much as a multilawyer-drafted contract for the sale and delivery of widgets, complete with definitions, the obligations of “all” (as opposed to “both”) parties, and the preconditions for default. “Effective consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity,” the authorities declare awkwardly. The policy goes on to elaborate at great length upon each of the “essential elements of Consent”—“Informed and reciprocal,” “Freely and actively given,” “Mutually understandable,” “Not indefinite,” “Not unlimited.” “All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting”—think: signing a mortgage—“and a willingness to do the same thing, at the same time, in the same way,” declare Claremont’s sex bureaucrats.”

Cheers, then, are due to 28 Harvard Law professors, who authored and signed a letter protesting Harvard University’s capitulation to the Obama Administration’s blackmail and urging the University to reject the new standards:

Some highlights: Continue reading →