Harvard Law School: Standing up against the Obama administration’s Title IX rape hysteria
The only sane spot on campus
Now, Halley has a powerful new article in the Harvard Law Review Forum. .
Her article, titled “Trading the Megaphone for the Gavel in Title IX Enforcement,” argues that it’s perfectly fine for feminists to advocate solely for alleged victims in campus sexual-harassment cases without paying attention to any rights of the accused. One-sidedness is the whole point of any advocacy, she points out. But when feminist advocates became part of government—as they did when the Obama administration’s Education Department started staffing its Office of Civil Rights (OCR), which enforces Title IX, the federal banning sex discrimination on campuses—the feminists began forcing their advocacy goals onto colleges and universities that must comply with Title IX. They’re the ones who issued the regulations that forced Harvard and other universities to set up draconian and one-sided procedures for judging sex-assault cases.
Halley goes on to catalogue a range of difficult-to-prove-anything cases: rape claims where both parties have voluntarily gotten so drunk that they can’t remember the events very well, or romantic breakups where the woman accuses her former partner of repeated abuse, for example. In those cases, the new Title IX-mandated policies would almost invariably work injustice on the accused, who would be practically unable to defend himself. She writes:
“In a related development, OCR increasingly implies that the only adequate “interim measure” that can protect a complainant in the Title IX process is the exclusion of the accused person from campus pending resolution of the complaint. To be sure, in these cases the accused may eventually be found to be responsible for violations, sometimes very serious ones. But advocates and the OCR are arguing that all complainants are trauma victims subject to continuing trauma if the persons they accuse continue in school: merely “seeing” the harasser is deemed traumatic.”
“Denial and a taboo on blaming the victim have been the favored strategies among advocates: will their allure carry over into governance? My own hope is that governance feminists designing and running a new campus sexual assault establishment can acknowledge the full weight of the responsibility they are taking on.”
Posted by Charlotte Allen