Thursday, January 14, 2016

Bernie Says Campus Sexual Assault Should Be Left To The Cops; Activists Are Unhappy

At Reason.
   I've also been of the opinion that assault of all kinds should be a legal matter...but I'm currently not sure that it should only be a legal matter. Do companies treat assaults (of all/any kind) as personnel matters? Universities aren't businesses--I don't want to fuel that line of nonsense. But they might look to them as a touchstone. I mean, if a boss harasses (sexual or otherwise) a subordinate on company property, during business activities, it seems like--whatever legal action might be taken--the company might have a right to deal with the matter insofar as it's a personnel matter. Similarly, if a teacher harasses a student--or is accused of doing so--that's possibly a legal matter, but clearly a personnel matter. OTOH, if Smith is accused of murder (but the accusation is unproven) and Brown has reason to fear that he might be next...should a company at which they both work have anything to do with this?
   I don't know enough of the relevant facts to have a right to an opinion here, really.
   None of this is to defend the strange "Dear Colleague" letter from the Department of Education's OCR, which seems to mandate a "preponderance of evidence" standard in university proceedings on sexual assault. Even though I think that the standard might be defensible, I see no way to defend mandating that standard.


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