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Feminist “due process” for accused campus rapists: Assume they’re guilty and kick them out

December 30, 2014

The author of this is a law student!

Guilty like these guys
I know that caring about procedural protections for the accused doesn’t mean you don’t believe survivors or recognize schools’ long-standing tolerance for violence. I also know that survivors have hurt for so long that concern for those who have harmed us can feel like a betrayal.
***

But some of the policy questions are harder, and, as schools continue to struggle and reinvent, we as feminists need an affirmative, robust vision of what fair process for students accused of gender-based harms will look like. Creating that vision will require our collective investigation of tons of important, nitty-gritty policy choices within the long-ignored territory of campus disciplinary decision-making. How can accused students direct questions to complainants without perpetuating a hostile environment? How can schools seek the information they need without forcing students who face simultaneous criminal charges to self-incriminate? How can the parties best direct investigators to witnesses while preserving confidentiality? 

Because getting expelled from college on a false rape charge is no biggie:

I know that demands that campus adjudication include all the protections of the criminal justice system ignore the fact that getting kicked out of school pales in comparison to being incarcerated. I also know that our fight to preserve educational opportunities for survivors is motivated by a recognition of the vital right to learn, so we cannot dismiss the impact of expulsion, even as we call for schools to remove from campus students who seriously harm their classmates.

Don’t they teach the principle of non-contradiction in law school these days?

Posted by Charlotte Allen

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