"yes means yes" rape standard on college campuses unconstitutional.

Discussion in 'The War Room' started by chokeyou, Aug 11, 2015.

  1. chokeyou

    chokeyou Derp de doo

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    Basically the accused are being crucified by colleges and expelled without a meaningful opportunity for a hearing, and are required to prove their innocence rather than the other way around. Thank god for judges who aren't susceptible to liberal political pressure and political correctness.

     
  2. Sycho Sid

    Sycho Sid Master of the world and the universe

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    This is why I bring my notary on all my dates.
     
  3. uppercutbus

    uppercutbus Silver Belt

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    The pendulum was always going to swing the other way eventually when college campuses are regarded as notorious for cover ups, trying to protect their image, using their own police with no forensics, rape kits or nothing etc.

    http://www.thefeministfeline.com/th...eone-telling-her-she-made-the-whole-thing-up/

    "innocent until proven guilty" would work if campuses let the real police get involved and actual collect evidence for a proper trial. As it is, no rape kits, no testing for date rape drugs when everyone says "it's just alchohol" etc. When rapists know this, it's the perfect storm. So now colleges think the solution is to go the "guilty until proven innocent route".
     
  4. ithinktheymad

    ithinktheymad Red Belt

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    Paying all that money for what is more than likely a useless degree and you don't even get to bang. What a world.
     
  5. jx820

    jx820 Red Belt

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    Liberal? Fascism is a right wing ideology. Liberals are pro-civil liberties.
     
  6. chokeyou

    chokeyou Derp de doo

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    You're so dead wrong it's not even funny. Conservatives are about protecting constitutional rights, these college campus witch hunts were spurned by liberal feminists.
     
  7. Count Zero

    Count Zero Twisting Nether

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    "Fascism is often placed on the far-right within the traditional left
     
  8. chokeyou

    chokeyou Derp de doo

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    This thread isn't about fascism, it's about the lack of due process on college campuses due to left wing ideology. We aren't arguing over the meaning of fascism.
     
  9. in the

    in the Steel Belt

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    The research I've seen is that rape happens less often on college campuses than it does off campus.

    There's a large degree of truth to what you're saying, though. Colleges generally want to keep rape numbers down because no college wants to be listed as "Top __ in rapes." There's a right way to tackle the problem, but penning the blame on the accused without due process is inherently backwards in our system and therefore unconstitutional.
     
  10. Crazyced

    Crazyced Purple Belt

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    I fail to see how building a system that makes prosecuting someone easier would help them in avoiding "Top 10 rape" lists though.
     
  11. klnOmega

    klnOmega Double Yellow Card Double Yellow Card

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    While I'm as big a critic of college disciplinary process on criminal issues as can be, I don't see how this is "unconstitutional".


    A college panel doesn't have legal authority, and the "accused" isn't being tried for a crime. If your boss catches you stealing, for example, he can fire you on the spot. You don't get to bring in a lawyer and have a trial in front of a jury, nor should you have that "right". If your boss, or the college in this case, pursue legal actoin against you, then you will have your day in the court.
     
  12. klnOmega

    klnOmega Double Yellow Card Double Yellow Card

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    Colleges. Should. Not. Be. Dealing. With. Rape. Cases.



    It is a losing situation. They don't have the legal power to subpoena witnesses, get warrants for collecting evidence, conduct interrogations, obtain phone records, etc...None of the people conducting the investigation are trained detectives. The people dealing out the damage aren't trained judges, etc...

    And what if the guy is guilty. What if a guy comes into their office, and is found guilty of rape? He gets, what, a semester suspension? Maybe even expulsion....a person commits fucking rape, and gets asked to leave the premises and thats it? If the person is guilty, they should be behind bars for a long time.


    The only way a university should be involved in these issues is to forward rape complaints on to proper authorities, and perhaps in some cases, issue temporary suspensions to students pending the outcome of the official rape investigation.
     
  13. ben236

    ben236 Silver Belt

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    Agreed on both counts.
     
  14. JDragon

    JDragon DOX News Anchor Platinum Member

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    This, and also what else has been said. Why the fuck can universities police themselves? There is no sensible reason for that and they obviously do neither have the resources nor the experience to deal with more complicated issues.
     
  15. chokeyou

    chokeyou Derp de doo

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    The due process clause doesn't just apply to criminal prosecutions, it applies to any state action that deprives you property or some other right, and in this case that right happens to be attending the university. Thus, any state run school can't expel you without providing due process, this applies even at the high school/grade school level. It's a common misconception that due process only applies in criminal cases.
     
  16. speakhandsforme

    speakhandsforme Banned Banned

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    It's not due to "left wing ideology," and if you argue that it is, I'd love to hear your articulation of what that ideology is. Here's a clue: you won't find mention of removing due process by virtue of gender in the left-right spectrum....actually, you might find it on the right/authoritarian, actually.

    As was mentioned on the first page, the pendulum was always going to swing this way following the decades of rape-enabling on college campuses. Once we hit the era that social activism and news became so quickly and easily permeated, it was only a matter of time.

    I don't like it, and, were I still in college, it would scare the shit out of me. But your attempt to politicize it is pathetic.
     
  17. klnOmega

    klnOmega Double Yellow Card Double Yellow Card

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    I didn't know this.

    But how does it apply to high schools? I remember teachers frequently took cell phones/gameboys/music players from people using them in class. I got suspended for fighting once. No due process, principle got between us, told both us to meet him in his office, we walked in, and he said "both suspended for 5 days, call your parents".
     
  18. chokeyou

    chokeyou Derp de doo

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    The only states that have passed this are California and New York, which are both liberal states. The right has historically been the defender of constitutional rights while the left has been willing to trample rights to suit their political agenda. This is legislation pushed by leftist feminists and it's clearly sexist in that it's men who will suffer if affirmative consent cannot be proven. It certainly is a political issue.
     
  19. speakhandsforme

    speakhandsforme Banned Banned

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    Could that be because California and New York have the two biggest college systems in the nation? Considering they're obviously getting the most push of any state in regards to university issues, because they are far and away home to the most universities, it would make sense they would be first to enact legislation.


    But by all means, liberal ideology!

    Still waiting on that ideological citation by the way.
     
  20. chokeyou

    chokeyou Derp de doo

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    In high school teachers and principals have a lot more leeway and the standards are more lax because of the nature of the situation. There needs to be a good learning environment for everyone and you are just a kid in school. Therefore banning profane t-shirts doesn't violate the first amendment and taking a kids cellphone doesn't violate the due process clause. However, the constitution still applies to the actions of the schools. So for example, when a kid is expelled from school he is entitled to a hearing and the right to be heard, and an expulsion for wearing an obama shirt for example would violate the first amendment.
     

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