Should Colleges be Judging Rape?

http://chronicle.com/article/Should-Colleges-Be-Judging/229263/

In many of my classes we have discussed the role that a university plays in cases of sexual assault and whether or not they handle those cases in a proper manner. According to this article the mandates that the U.S. Education Department has imposed on universities for adjudicating sexual misconduct are unrealistic, and exceeds their legal authority. Currently there are more than 100 institutions under Federal investigation due to the way that they handled cases of sexual assault. Universities are getting complaints and lawsuits by victims of sexual assault who believe that their case was not handled promptly or fairly. On the other hand, some accused students who were found to be responsible and were suspended or expelled are also suing because of the lack of due process. Obviously, institutions need to reevaluate their protocols and procedures in order to insure that each case is handled promptly and fairly for both parties involved. The even bigger question is are colleges truly suited or equipped with determining if a student committed rape? If a college fails to respond to a report in a prompt and fair manner the U.S. Education Department may find that the institution violated the students rights under Title IX and if an institution is found responsible then in theory they could loose their federal founding. Dealing with sexual assault cases are extremely complex, I believe that colleges feel that they do have the obligation of keeping their students safe and ensuring that they have a safe learning environment. However, I also believe that in order to deal with these cases institutions need the staff, perhaps lawyers, investigators who are trained in dealing with these manners. Obviously that would mean funding for these positions, and how many universities are in the position to do that? This article goes into great detail into some cases and how some institutions have decided to deal with. This is a very serious and important topic that we must all be cognizant of.

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5 responses to “Should Colleges be Judging Rape?

  1. If universities have over-stepped their boundaries in this respect, they should reevaluate their mission. I argue that it should 1) protection of students and 2) providing evidence to the proper authorities. I have a problem with the idea that education and prosecution are happening within the same organization. It needs no stretch of the imagination to think of ways in which a conflict of interest will arise. I think there is definitely a value to be placed on the authorities doing their job and the college doing its own. Similar to the idea of separation of church and state

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  2. c’est scandaleux ! vous voulez tuer la creation artistique en utilisant illégalement l&reouq;Internst à des fins culturelles ! Je suis sur que votre père faisait partie de ces vauriens qui copiaient illégalement des cassettes audio ! Peut être même, j’en tremble, que votre grand père écoutait la radio !!!Je suis sûr que quelque part, dans votre famille, vous cachez un de ces énergumènes qui regardent cet objet de malheur, la télévision, au lieu d’aller au cinéma.Vous tuez la création !

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  3. Nykhaa’l May 14, 2010 Hey.. I do wished that no.3 was not non-negotiable (i wtaned to drop that one) but since its not, id go for no.1. Pahiyas is celebrated yearly, so next year, you could still go with you office mates (if no one from your group resigns, hehe..) The other 2 (nos. 2 & 4) for me are noboaeg-tinnle, coz the fact that it will be your first time to be with Mimay again, and that the other one is BOHOL .. nobody drops a trip to Bohol (aside from its for free)

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