Ethics Heroes: 28 Harvard Law Professors

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