A few days ago, I wrote an article about Alyssa Milano’s insistence that universities should be tasked with investigating crimes — an idiotic notion, in my estimation (here). This story doesn’t help Alyssa’s case.
On Tuesday, a California appeals court ordered the University of Southern California to overturn a student’s suspension. Why? He was “convicted” of rape without sufficient due process.
Way to go, USC.
As Fox News reports:
[T]he school investigators did not question central witnesses and couldn’t locate “physical evidence” to determine the validity of the allegations.
Yeah. That sounds about right. Colleges are totally equipped to expertly solve and prosecute crimes. Perfecto.
Additionally, the court said, witnesses’ testimonies about the alleged anal rape — yes, it was a crime of the Backdoor Lover variety — were filled with “inconsistencies.” This was in violation of the accused’s right to a fair Title IX hearing.
Oh, and also: witnesses referred to “blood” which may have actually been paint.
Does Sherlock Holmes work for USC?
More from Fox:
The opinion, first published by The College Fix, noted that the university was quick to decide to expel “John Doe” and ignored its own rules to request clothing and medical records from “Jane Roe.”
The USC case stems from an incident over four years ago after Doe and Roe met at an alcohol-fueled party, where students splattered paint on each other and where Roe behaved “very flirty” with men, according to the evidence reviewed by the appeals court, and ended up with Doe in her room later in the night.
Roe told Title IX investigator Kegan Allee that she blacked out and her memories of the incident are coming from her friend named Emily, according to the College Fix. She said “there was blood on the sheets and mattress” and she was “covered in blood in her rectal area and on her thighs” in addition to paint.
“He was having sex with me but I wasn’t responding back. He flipped me over and pushed my head down. … The only thing I remember saying was ‘condom’ because I was probably really nervous he wasn’t using one,” she said.
Do you get the feeling that the college experience may have changed a smidge or two since you and I were there?
Roe reportedly messaged her friend saying she “was taken advantage of but it’s fine” and that “it happens.” She also called another friend about the encounter, though couldn’t say if she had “verbally consented.”
Doe’s friend Carter, meanwhile, said the accuser initiated the sexual encounter and his friend stopped after he thought she wanted to have anal sex.
Oh, okay. Then yeah — it’s definitely changed.
The guy was suspended based on the idea that he was a “clear and present danger” to the school, despite the fact that the night’s clothing, medical records, and the condom were not provided to the defense so it could be independently tested.
The appeals court ruling is the most recent in a string of chinks in the armor of Obama’s campus rape directive, “A Dear Colleague Letter,” which outlined proper procedures.
Writes Fox, regarding Betsy DeVoss’ proposed changes (which Alyssa Milano was protesting):
Education experts have long criticized the directive and standards used in the prosecution of sexual assault on campus, claiming the accused students often do not receive significant protections and due process rights – turning university investigations into so-called “kangaroo courts.”
The proposed Title IX changes would limit the definition of sexual harassment and allow for the cross-examination of the accused by the accuser’s defense team.
The proposal also seeks to “clarify that in responding to any claim of sex discrimination under Title IX, recipients are not required to deprive an individual of rights that would be otherwise guaranteed under the U.S. Constitution; prohibit the Department’s Office for Civil Rights (OCR) from requiring a recipient to pay money damages as a remedy for a violation of any Title IX regulation; and eliminate the requirement that religious institutions submit a written statement to qualify for the Title IX religious exemption.”
The Left’s attack on due process isn’t limited to campuses (check out this, this, and this). It’s part of an attempt at social engineering, and as we’re further implored to “believe all women,” justice is getting lost in the fray. For one suspended USC student, however, it looks like fairness has made a momentary comeback.
Oh, and word to the wise: If you’re raped, don’t go to your school office; go to THE POLICE.
Find all my RedState work here.
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