Democrats started their attack on men by denying due process to the accused in college, the courts say Democrats are wrong
Betsy McCaughey:
Students wrongly accused of sexual misconduct by campus disciplinary systems are turning to the legal system, and winning vindication in court. Judges are tossing out the life-ruining punishments meted out by “guilty until proven innocent” campus tribunals that stack the deck against the accused.The Feminazi war on men must be rebuked. All people regardless of race or gender are entitled to due process. Kavanaugh now has firsthand knowledge of these abuses. The campus kangaroo courts must be dissolved and any allegations of sexual assault must be handled by the local district attorney.
This month, Judge Amul Thapar of the federal Sixth Circuit appeals court declared that students charged with sexual misconduct have a right to due process, including a courtroom-like hearing, where both the accuser and the accused are cross-examined. Thapar’s ruling describes cross-examination as “the greatest legal engine ever invented” for “uncovering the truth.”
Of course, that’s not how it works on most campuses today, where the accuser is prematurely deemed a “survivor” before any evidence of a crime, and doesn’t have to face the accused.
Challenges to these Kafkaesque proceedings are heading to the Supreme Court, where Brett Kavanaugh is nominated to serve. If he’s seated, he’ll have to rule on this question, after having endured his own gauntlet of allegations that he misbehaved sexually as a student. Count on Democrats to demand he recuse himself.
Senate Democrats, like campus administrators, are insisting that women accusers “need to be believed.” But unlike politicians, judges aren’t buying that. Across the country, they’re skewering colleges for tilting the system to favor accusers.
In fact, courts are having a bigger impact so far than Secretary of Education Betsy DeVos, whose proposed reforms to sexual-assault proceedings nibble around the edges without actually guaranteeing that accused students will be presumed innocent until proven guilty.
Since 2011, more than 300 students have gone to court, claiming they were wrongfully disciplined by campus administrators who were implementing Obama administration guidelines. These guidelines discouraged colleges from subjecting the accuser to questioning by the other side and set the standard of proof at the lowest possible level, a mere preponderance of evidence. In short, 50 percent plus a feather. On that meager basis, a student could face expulsion and be tarred for life as a sexual predator.
...
Comments
Post a Comment