Sex Matters by Mona Charen

Author:Mona Charen
Language: eng
Format: epub
Publisher: The Crown Publishing Group
Published: 2018-06-26T04:00:00+00:00

Star Chambers

Students who are adjudicated for rape or assault only by a campus tribunal cannot be sent to prison, but they do face severe consequences. They can be expelled, suspended, or have their movements on campus severely restricted. Many have been publicly branded as criminals, which is a devastating blow. Administrators have become so terrorized about being seen as insufficiently responsive to complaints of sexual assault that some colleges have left the realm of reason altogether. Harvard law professor Janet Halley, writing in the Harvard Law Review Forum, described a student at a “small liberal arts university in Oregon”

[who underwent a month-long investigation into] all his campus relationships, seeking information about his possible sexual misconduct in them (an immense invasion of his and his friends’ privacy), and who was ordered to stay away from a fellow student (cutting him off from his housing, his campus job, and educational opportunity)—all because he reminded her of the man who had raped her months before and thousands of miles away. He was found to be completely innocent of any sexual misconduct and was informed of the basis of the complaint against him only by accident and off-hand. But the stay-away order remained in place, and was so broadly drawn up that he was at constant risk of violating it and coming under discipline for that.

When the duty to prevent a “sexually hostile environment” is interpreted this expansively, it is affirmatively indifferent to the restrained person’s complete and total innocence of any misconduct whatsoever.17

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