Elder Patriot – The reaction to Education Secretary Betsy Devos’ declaration last Thursday that she will rescind Obama’s schools directive guiding the handling of sexual assault cases and replace it with a directive that better balances the rights of both the victim and the accused, reveals just how far the left has departed from constitutional governance.
Simply put, under Obama’s orders universities and colleges dispensed with due process protections for male students who are accused of sexual assault. These men could not cross-examine their accusers nor were they allowed to gather or present evidence, including the presentation of witnesses that might exonerate themselves.
The left is now content with trying these cases in the mainstream media that they have complete control over.
Devos is attempting to restore the Constitutional rights of the accused that used to be a foundational principle of this country.
In announcing her decision Secretary Devos slammed the “shameful” “unraveling of justice” resulting from Title IX at colleges across the country.
“The era of rule by letter is over. Through intimidation and coercion, the failed system has clearly pushed schools to overreach…Lady Justice is not blind on campuses today…this unraveling of justice is shameful, it’s wholly unAmerican.”
“The rights of one person can never be paramount to the rights of another… these institutions are called “kangaroo courts.
“… punishing speech protected by the first amendment trivializes actual harassment.
“Never again will these acts only be whispered about in closed-off conference rooms or swept under the rug. Not one more survivor will be silenced.
“The truth is that the system established by the prior administration has failed too many students, survivors, victims of a lack of due process. Campus administrators have all told me that the current approach does a disservice to all involved.”
One needs look no further than how the Duke Lacrosse players were railroaded by the Duke administration, local law enforcement, and the mainstream media lead by ESPN than to realize how perilous a slope Obama put every male college male on.
Obama claimed to be a Constitutional scholar. When he took his oath of office he swore to protect and defend it. It was all bullshit.
The only thing that saved Reade Seligman, Dave Evans, and Collin Finnerty from prison was their Fifth Amendment due process protection. Oh, and their parents’ wealth that allowed them to buy the best legal defense possible.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Obama stripped males at our colleges and universities of this fundamental Constitutional protection and now, when Devos is attempting to restore those rights to all students regardless of gender, race or ethnicity, the left blindly attacks her.
Now that they have been granted the power they prefer running Kangaroo courts conducted behind the closed door of a university dean where only the accuser can be heard.
If anything, Devos was too measured in her characterization that schools are overcorrecting.
UCSD suspended a male student in spring 2015 following an accusation of sexual assault. The student alleged that the school would not let him show as evidence text messages suggesting that he and the alleged victim were on good terms following the alleged assault, nor would UCSD permit him to challenge the investigator or cross-examine the woman who accused him. (H/T Bizpac Review)
That student sued and won but not all students have fared as well.
Thomas Klocke, a male student accused of sexual misconduct at the University of Texas at Arlington, committed suicide in June 2016 after UT Arlington banned him from a class and put him on disciplinary probation, after someone told Klocke this would affect his chances being accepted into graduate school.
The left lobbied for Title IX because it outlaws discrimination on the basis of sex in federally funded schools. Now we’re learning that it only applies to the protection of one gender because it also enables schools to assume the role of adjudicators in sexual misconduct cases on their campuses.
What we are once again learning is that the left cannot be trusted with power. Even after our experiences with Mao, Stalin, Hitler, Castro, Pol Pot, Chavez we never learn.