
Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to Accused - MollyR
https://reason.com/blog/2018/02/19/ruth-bader-ginsburg-due-process-me-too
======
HarryHirsch
The _Reason_ piece is a commentary on an interview with Judge Bader Ginsburg
in the _Atlantic_ ; the full piece is here:
[https://www.theatlantic.com/politics/archive/2018/02/-/55340...](https://www.theatlantic.com/politics/archive/2018/02/-/553409/)

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peterwwillis
Probably the most important piece of that article starts with "Rosen: Is there
any area for progress in the law and might your dissents in sexual-harassment
cases be vindicated?".

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duxup
It's hard to imagine there are many folks who work in the legal world wouldn't
be shocked by some of practices at colleges. Colleges shouldn't be playing the
amateur legal system game, and they're doing a great job of proving why at
seemingly every turn.

After a local university in my area did a review of their processes some of
the recommendations were pretty shocking. Things like "the accused should be
allowed to present evidence", "the accused and accuser should be allowed to
have or provided representation", "the accused should be notified of appeals".
It's hard to have a response that isn't a WTF.gif to things like that.

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jeffdavis
Kangaroo courts, plain and simple. Sacrificing innocent people to get more of
the guilty ones when evidence is flimsy.

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Cw67NTN8F
Not even a court. Pretty much _you_ have to prove that you didn't rape her 14
months ago. Of course she reported it this late because she was ashamed or
whatever. Meanwhile, your life is ruined. Sex is not like a dishwasher you can
return within 30 days if you regret it later.

I have a feeling that a lot of these actresses knew what they exactly what
were doing. They made a bet, and now they want to blame the other side 100%.

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jeffdavis
"I have a feeling that a lot of these actresses knew what they exactly what
were doing."

I think that goes way too far.

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Cw67NTN8F
No it doesn't. Want to secure the role so the other actress doesn't get it?
What I said, doesn't apply to Weinstein types

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dang
This crosses into trolling on what is a particularly divisive topic. We ban
users that do that, so please don't post like that here.

[https://news.ycombinator.com/newsguidelines.html](https://news.ycombinator.com/newsguidelines.html)

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misterbowfinger
I wasn't familiar with reason.com. Looked through a bit, it looks like it's a
digital publication with a libertarian angle:

[https://reason.org/frequently-asked-
questions/#q1](https://reason.org/frequently-asked-questions/#q1)

Not an issue per se, but good to know.

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tanderson92
Why "not an issue per se" and not "not an issue at all"? There is a bit of
subtle implication there.

Libertarians care a great deal about civil liberties so this perspective is
also not a shock.

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andrewprock
Libertarians have a very conflicted position with respect to civil liberties.
For them freedom of association often trumps access to markets. This has
created a weird pseudo-alliance between Libertarians and those who would limit
access to markets based on genetic attributes. The Libertarians tend to
downplay this fact, but not to the point of generally preferring market access
over freedom of association.

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bitwize
It's important to distinguish between the policies of specific campus sexual-
assault review boards and what was set forth in the 2011 Department of
Education "Dear Colleague" letter.

There is nothing objectionable in the "Dear Colleague" letter, and it
articulates sound policy for American colleges. While it is true that colleges
must adhere to a "preponderance of the evidence" standard or risk falling out
of Title IX compliance, a) preponderance of the evidence is the appropriate
standard to use in non-criminal proceedings, including and especially civil-
rights violations which are what Title IX covers; b) colleges also risk
falling out of compliance of Title IX if the accused and the complainant do
not have equal access to information used at the hearing, or equal time and
opportunity to present their respective cases.

Whenever disciplinary investigation by a school for sexual assault becomes a
"kangaroo court", it is almost assuredly a CYA move on the part of the college
staff to look like they are "doing something" about campus rape without
following the procedures set forth by the government. But it's not only unfair
and against the law, it's in violation of Title IX and the very letter the
MGTOW crowd has been whinging about.

Oh, and Betsy DeVos is an idiot for overturning this policy.

