The Demise of Due Process on Campus

Article here. Excerpt:

'Universities’ mishandling of sexual assault allegations has been making the news -- but not in the way feminist activists and progressive politicians had hoped. Swarthmore College settled a case brought in federal court in Pennsylvania by an undergraduate wrongly expelled by means of a severely defective disciplinary process. A federal court in New York rejected Colgate University’s motion to dismiss on the pleadings former student Abrar Faiaz’s claim that in the rush to expel him for pushing two women, the university falsely imprisoned him, and Colgate has not challenged his federal and state discrimination claims.
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Our universities have promoted a narrative that converts all women into victims and all men into villains. This narrative originated among radical feminists but it has been widely internalized in universities. It claims that discriminatory norms and nefarious institutions established by men to serve male power render women unfree and incapable of thinking and fending for themselves. It legitimated University of Virginia President Teresa Sullivan’s decision in late November, in swift response to what has turned out to be an invented tale of a brutal gang rape reported in Rolling Stone, to suspend all fraternities. Those women who think they are free to choose and capable of taking care of themselves without intrusive university or government assistance only demonstrate the power of patriarchy to delude and degrade them. And those men who think they are innocent are blind to the guilt they incur from perpetuating, consciously or unconsciously, male privilege.

Accordingly, our universities have dismantled due process to serve what they regard as a higher conception of social justice. Due process presumes innocence and declares guilt based on the accuracy of specific allegations. In contrast, university justice implies that since all women are victims, all accusations, even the false ones, capture a deeper truth. This peculiar notion of justice also gives rise to the conviction that while a man may not have committed any of the specific infractions of which he is accused, as a perpetuator and beneficiary of male privilege he is party to a vast criminal conspiracy and therefore deserves whatever limited punishment university authorities mete out.
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Two measures are key to restoring to our campus that form of justice rooted in the dignity of the individual to which the Constitution is dedicated and which is crucial to the future of freedom and equality in America. The first is straightforward. We must end university involvement in the investigation, prosecution, adjudication, and punishment of sexual assault. University personnel generally have little or no training for these vitally important tasks, and universities have more than demonstrated their incompetence and untrustworthiness. Instead, we must allow the police and the courts to do their jobs, and hold them accountable when they don't.

The other measure is the work of generations. It involves restoring the integrity of liberal education, on which depends the integrity of leaders in a free society.'

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