Under pressure from federal Title IX enforcers, universities have been weakening the procedural protections for accused students who seek a chance to respond to the charges against them. As a result, cases like that of Yale athlete Patrick Witt will become more frequent. [Boston Globe; my Commentary piece a year and a half ago] A contrasting view: Christina Stoneburner.
“A federal judge in Southern California on Tuesday dismissed a lawsuit that John Wayne Enterprises filed against Duke University in North Carolina. …The university objected last year when Wayne’s heirs tried to register the name ‘Duke’ to market bourbon and other alcoholic beverages.” [AP, earlier]
From rxc in comments:
The engineer’s solution:
Everyone who participates in the regulated activity needs to purchase a simple push-button device which controls a separate panel with a red light and a green light. During the regulated activity, each participant must hold down the button on the controller that illuminates the green light, which shall remain visible to the other party(ies) at all times. If, at any time, a participant releases this button, the green light goes off, and a red light comes on. Optionally, a siren could start to sound, to summon outside assistance.
These days, with Wifi and Bluetooth, I bet you could make the controller wireless and small enough to easily hold in one hand, leaving the other hand free for other activites…
I bet the Chinese could get something set up in a few weeks, and have it in stores by Xmas!
Failure to use such a device is cause to dismiss later allegations that consent was not given.
Batteries not included.
Earlier on the California law here and here.
Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]:
“New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex “says that a person cannot give consent if they are intoxicated.” But it does not say this. What it actually says is that “consent” is absent when “the complainant was incapacitated” due to alcohol.
Most intoxicated people are not legally deemed “incapacitated” and can consent, as law professor Anne Coughlin and the Foundation for Individual Rights in Education have noted.
Many happily married people have sex after drinking. While some liberal Democrats who sponsored SB967 wanted to ban sex between intoxicated people, the final version of the bill does not do so.
Admittedly, the new law is disturbingly vague in other ways. Its co-sponsor, Assemblywoman Bonnie Lowenthal (D-Long Beach), said, “Your guess is as good as mine,” when asked how an innocent person could prove “affirmative” consent.
Hans Bader, Washington, D.C.
California regulates college sex, in a law just signed by Gov. Brown and applying to campuses that accept state money. Key passages:
It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
Earlier here. More: K.C. Johnson on the very bad coverage in the New York Times, and less bad coverage in The Nation. And it’s totally reassuring that a Slate writer who won fame insisting on the guilt of the Duke lacrosse guys is being cited as an authority on why there’s no need to worry about the new California law.
At least per this apparently official page from the University of Michigan; one hopes the institution is not planning to incorporate those notions into its (federally shaped) student discipline policies. [College Fix]
P.S. Related on “campus rape culture” furor: Cathy Young/Slate, Coyote, Scott Greenfield.
Through the actions of multiple federal agencies — the Department of Education, Securities and Exchange Commission, and Consumer Financial Protection Bureau — the Obama Administration has succeeded in wiping out a major for-profit education provider with thousands of employees and 72,000 students, all without bringing a legal charge. Imagine what they could have done if they’d filed charges [WSJ editorial]
KC Johnson is closing his definitive blog on the Duke lacrosse case and its aftermath, and reflects on it all in this final essay.
Duke University and the heirs of the late actor John Wayne have been fighting in court for nearly a decade over trademark/licensing rights to the word “Duke” [Eriq Gardner, The Hollywood Reporter]
Martin Odemena, formerly a student at the Massachusetts School of Law, says he couldn’t transfer to another school because of the unfair grade in the Contracts course and “is seeking more than $100,000 in damages for the lost legal career.” [Debra Cassens Weiss, ABA Journal]
Civil libertarian Wendy Kaminer, writing at WBUR, says the new White House task force report on campus sexual assault
reflects a presumption of guilt in sexual assault cases that practically obliterates the due process rights of the accused. Students leveling accusations of assault are automatically described as “survivors” or “victims” (not alleged victims or complaining witnesses), implying that their accusations are true….
Thus the task force effectively prohibits cross-examination of complaining witnesses. … But by barring cross-examination, you also protect students who are mistaken or lying, and you victimize (even traumatize) students being falsely accused…. School officials are also encouraged to substitute a “single investigator” model for a hearing process, which seems a prescription for injustice.
More links on the current controversy:
(& welcome Glenn Reynolds/Instapundit readers)