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America’s New Sex Bureaucracy

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Re: America’s New Sex Bureaucracy

#21
post #11

Earlier quoted context omitted.

The problem is that it is reasonable to expel people (and, indeed, to want to expel people) with a much much lower burden of proof than would be required to lock them in a cage. There absolutely should be a different standard for “can continue to be in this school” and “can continue to walk down the public sidewalk”, and also decided by different people.

Why should they have a lower burden of proof?

For starters its a civil vs criminal distinction.

Re: America’s New Sex Bureaucracy

#23
post #19

For the life of me I don’t understand why government funded institutions run their own tribunals. Send it through the proper court system, if the accused is guilty you can expel them cleanly.

The answer is in the article: Title IX requires them to. Specifically, the new federal guidance that was issued during the Obama administration.

I understand “why,” in that they are required to. What I don’t understand is why this is a thing to begin with. Government end-runs around standard systems of due process is odd.

Re: America’s New Sex Bureaucracy

#24
post #16

Earlier quoted context omitted.

Seemingly not rascist and being rascist are two distinct qualities. It has been my experience on the receiving end of rascism that it is done quietly with plausible deniability

If it’s plausibly deniable, how do you know it’s racism?

Presumably you can’t in any one case, but may be able to when looking at them in aggregate.

Re: America’s New Sex Bureaucracy

#25
This is a very difficult issue. Most sexual assaults happen in private, so there is rarely any evidence a victim can use to convict the perpetrator. Most accusations are real, but some are questionable as to whether a crime was committed, and some accusations are false. Given there is almost never any evidence, victims are at a severe disadvantage in the innocent until proven guilty paradigm. I can understand why some people want to flip the tables and "believe all women" but it's also clear that such a flipped situation has it's own severe problems, and that IMHO there is no good solution. Knowing this I have more empathy for everybody's view on this topic, rather than being in one camp and demonizing the other.

Re: America’s New Sex Bureaucracy

#26

>But after a lifetime in service of the feminist cause, she took on the case of a friend whose son she came to believe had been wrongly convicted of rape and won his acquittal on appeal. This is one of the big ways in which sexism is a much more tractable problem than racism and less potentially explosive. Women and men both have members of the opposite sex that they genuinely love. I have heard that fathers with dau…

Your thesis presumes some democratic mechanism, as juries ultimately are.

Unfortunately, an increasing number of the laws we are subjected to in the United States are bureaucratic edicts removed several levels from democratic checks and balances. It appears to me that these are more readily steered by lobbying groups -- which by their nature agglomerate polarized supporters.

How else can you explain this Title IX perversity?

Re: America’s New Sex Bureaucracy

#27
post #15

The way this article conflates sex with sexual assault really creeps me out. The first sentence states: Four feminist law professors at Harvard Law School have been telling some alarming truths about the tribunals that have been adjudicating collegiate sex for the past five years. No tribunals "adjudicate collegiate sex". They adjudicate sexual assault.

One of the professors quoted in the article suggests otherwise:

> The system promulgated a definition of sexual misconduct so expansive that it “plausibly covers almost all sex students are having today,” as Gersen wrote in an article in the California Law Review.

Re: America’s New Sex Bureaucracy

#28

>But after a lifetime in service of the feminist cause, she took on the case of a friend whose son she came to believe had been wrongly convicted of rape and won his acquittal on appeal. This is one of the big ways in which sexism is a much more tractable problem than racism and less potentially explosive. Women and men both have members of the opposite sex that they genuinely love. I have heard that fathers with dau…

I'm not sure the scenarios "some of my best friends are of the opposite sex" or "some of my best friends are of another race" have much bearing on sexism or racism. Loving someone from a different category doesn't automatically dissolve all antagonism or prejudice—it might just override it in a specific case. Relationships are multidimensional. You would need to provide evidence that these bonds of love/affection somehow erode prejudice toward a given 'other' in general. There are many historic cases of celebrities who have been widely accepted despite massive ongoing prejudice against the group of which they are a member. Affection for celebrities is not the same as familial love, but I do think this suggests that the way people feel about individuals doesn't translate in a simple way to their attitudes to whole groups.

Re: America’s New Sex Bureaucracy

#30

For the life of me I don’t understand why government funded institutions run their own tribunals. Send it through the proper court system, if the accused is guilty you can expel them cleanly.

Ideally that makes sense to me, but unfortunately courts take a long of time and don't always pursue cases thoroughly. Given that reality, I don't know how an institution is supposed to handle the following scenario without their own tribunal system:

Student A and Student B have a class together. Their dorms are next door to each other. Student A rapes Student B. Is Student B expected to attend class every day with their rapist? To live next door to them? How could one expect Student B to maintain their academic performance in that sort of environment?

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