Comments on: Another male student due process lawsuit – this time against U. Mass.

By: DavidJackSmith

DavidJackSmith — Fri, 15 Aug 2014 11:28:28 +0000

If a woman goes to a bar tonight, gets drunks out her mind, gets into her car parked outsider, drives off and KILLS someone…

It’s totally her own fault. Correct. She’s going to trial and then jail. She can’t say well hey, I would never have done that were I sober, so it has nothing to do with me. That’s not a defense.

However, if she does all the above, but invites the guy she met in the bar to go to her car and have drunken sex with her..

then suddenly she’s NOT responsible, but the guy is?

What the hell has gone wrong here?

By: siguiriya

siguiriya — Fri, 15 Aug 2014 10:44:33 +0000

I read the entire complaint. (Thanks for posting it.).

The problem for the male student under discussion is that the University did not need to prove anything against him in order to punish him. This is because the accusation itself, no matter how absurd, IS the proof. Once the accusation was made the case was already decided, and all of this stuff about rights, investigation, and a fair hearing was just window dressing.

By: blacksburger

blacksburger — Thu, 14 Aug 2014 22:50:46 +0000

http://legalinsurrection.com/wp-admin/profile.php
“For example, why hasn’t anyone brought a suit against the Duke 88 for what they did? ”

AIUI the university’s financial settlement with the accused students included a clause that they would not sure the 88.

By: Ragspierre

Ragspierre — Thu, 14 Aug 2014 22:04:22 +0000

Bring the heteros out of the shadows…

Stop the H8…sniffle…

By: Char Char Binks

Char Char Binks — Thu, 14 Aug 2014 22:00:40 +0000

Heterosexuality is strictly prohibited in the Ivy League.

By: Ragspierre

Ragspierre — Thu, 14 Aug 2014 21:14:46 +0000

“When they came for the sex pistols, I did not speak because I was not a sex pistol…”

By: Cicero

Cicero — Thu, 14 Aug 2014 14:14:07 +0000

A society that does not protect the rights of certain accused because of the subject matter of the complaint or where it happens, here on campus, risks losing the rights of all accused everywhere. Pastor Niemoller said it well about Hitler’s Third Reich, paraphrasing, when the came for the Jews, I did not care, I was not a Jew … when they came for me … there was no one to speak for me. The accused in these sex related cases must be given due process. “I would give the Devil benefit of law for my own sake,” words attributed to Sir Thomas More in “A Man for All Seasons”.

By: casualobserver

casualobserver — Thu, 14 Aug 2014 12:21:33 +0000

One thing to keep in mind with progressive ideology which is certainly key in this trend in academia – a primary goal in setting rules and regulations is to manage POWER. Look at all of the effort to define people by their position in society and ultimately the power they possess in relation. Without being an integral part of the process as the colleges, I would still consider it a safe bet that any administrator who has responsibility for these actions will tell you that the outcomes are less important that the “goal” of shifting power from the males to the females in the environment.

It’s an obsession.

By: Fen

Fen — Thu, 14 Aug 2014 09:41:24 +0000

If this happens to me, who can I sue? I want to touch everyone who enabled this madness. The college president? The HR department? The professors on the kangaroo court?

For example, why hasn’t anyone brought a suit against the Duke 88 for what they did? Even simple lawfare where the process is the punishment?

Who can be sued here?

By: Ragspierre

Ragspierre — Thu, 14 Aug 2014 05:49:30 +0000

Suggestive, but not dispositive evidence.

Snicker…

By: Milhouse

Milhouse — Thu, 14 Aug 2014 05:31:15 +0000

What would the picture prove? Only that she had consented at one point to pose for the picture; it would not prove that she consented to sex, or that she didn’t withdraw that consent before it happened. Even if she were to sign an affidavit before a notary, she could say she changed her mind after that. So long as finders-of-fact start with the assumption that women never lie, and that in any dispute between a man and a woman the woman is always right, nothing will change.

By: Milhouse

Milhouse — Thu, 14 Aug 2014 05:26:25 +0000

If the rape and sexual assault rate at universities were really within two orders of magnitude of what they claim, no woman in her right mind would want to attend or work there, and we would observe that the campus population had turned nearly all-male. The same women who make these claims don't go alone to sketchy neighborhoods (for all they may claim the concept is racist, observe that they don't go there themselves), and yet they readily come to and stay at college. They don't behave as if they believe their claims, so why would anyone else believe them?

By: inspectorudy

inspectorudy — Thu, 14 Aug 2014 03:45:46 +0000

I have a solution to this issue. Since ALL students have smartphones with cameras I suggest that any lady in question of a potential sex act be photographed naked by the male and showing a thumbs up. This would make anything she later testified to of a hostile nature really hard to believe.

By: mike01001

mike01001 — Thu, 14 Aug 2014 01:34:10 +0000

I live in Massachusetts and would be one of the citizenry that would be footing the bill if a settlement to him is forthcoming. But this guy was clearly not given due process in this matter and the pc court of Umass/Amherst deemed him guilty in a he said/she said issue. I will happily pay my portion of his settlement in order shed a light on the tactics the ‘new’ feminists and castrati in this state are using.

By: Ragspierre

Ragspierre — Thu, 14 Aug 2014 01:25:36 +0000

Here’s a funny…and to some counter-intuitive…thing about lawsuits…

they are generally a GOOD thing, and they are a MARKET RESPONSE to conflicts that crop up in society.

Tort law generally can be seen to develop with market economics. You might not believe that, but it is still true.

The lawsuits that ARE coming out of this “witch hunt” on American campi ARE going to develop some very important information and set some…or renew some…very crucial due process standards that BADLY need to be in place.

By: Valerie

Valerie — Thu, 14 Aug 2014 00:59:36 +0000

You nailed it. I heard the other side of this on NPR, and a couple of women lawyers were talking about the rape culture on our college campuses. To hear them talk, all of our colleges are located in Cairo. I kept thinking about establishing courts on campus, and counting the extra positions this would require. It all had a distinct flavor of ambulance-chasing, without the risk.

By: great unknown

great unknown — Thu, 14 Aug 2014 00:17:55 +0000

Congratulations Mr. Doe. By the time this is over, the citizens of the State of Massachusetts will have gifted you with a massive amount of money, probably more than you would have ever earned on your own – and you won’t even have to run up large student debt.

Of course, since the settlement will include confidentiality clauses, the idiot citizens will never find out how much they were shafted for.

By: casualobserver

casualobserver — Wed, 13 Aug 2014 23:14:54 +0000

I wonder if being a public, land grant institution changes their obligation to abide by state law in protection legal rights. If so, they certainly did not in this case. By a long margin.

By: Anchovy

Anchovy — Wed, 13 Aug 2014 22:47:20 +0000

Lots of room for some hungry lawyers to fill their shrinking tummies. Most universities move a lot slower than a red light flashing, siren screaming ambulance and are easier to catch.

Go for it!