Sexual-Assault Report: Yale Uses ‘Hearsay,’ ‘Scarlet Letter’ Against Accused

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'Johnson noted several irregularities in an essay for Minding the Campus, a Manhattan Institute project.

The informal process was used in seven assault cases this past semester, and zero in the previous report, Johnson said. He called it a “Scarlet Letter” approach in which an accused student’s inability to present evidence makes it “almost impossible” to avoid “being branded a rapist,” but the penalties are more limited, Johnson said.

One of the two accused students found “not culpable” – meaning Yale judged it “more likely than not he was the subject of a false allegation” – was still punished, Johnson noted.

The one-way no-contact order means that “if the two happen to enroll in the same course, the accused student would need to drop the class; or if the two happened to be assigned to the same dorm, the accused student would have to move,” Johnson said.

“In the several years” of the Yale reports, “there never has been any indication that Yale has punished even one student for filing a false claim of sexual assault,” Johnson said.

Yale also appears to have an “extraordinarily broad” definition of sexual assault, as shown by a lighter punishment – a one-year suspension – given to one student found guilty, Johnson said. The punishment “strongly suggests that his actual offense was not ‘sexual assault’” and yet the finding will likely prevent him from getting “any job that involves a background check that would access his college transcript.”

Even worse for another student was Yale expelling him after his accuser went to an administrator but declined to file a formal complaint, Johnson said: Yale continued the case, relying on the “hearsay” of the administrator to the Title IX coordinator.'

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