Thursday, December 27, 2018

Medieval Universities & Title IX Vs. Law & Rights

Many of our publicly funded universities (And their officers/officials) still hold to the Medieval concept that they are above the laws (ie Including constitutional rights) as bind and limit the actions of other public organizations (And their officers/officials).

Those schools (And officers/officials) have "created", sexual and other offenses, as are very poorly defined to the extent that most reasonable persons (eg Especially for university students or employees) can not know what is forbidden and punishable by any violations of those vague mandates.

Many schools aggravate those violations of their ill-defined "rules" by failing to offer even minimum "due process of law" by using "Star Chamber Court" like "hearings" which fail to provide the following.

  1. Right to sufficient-time prior (Written) notice-of/access-to the: “Charges” against the citizen; The Laws/rules/regulations alleged to be violated; The names and other identifying information of all witnesses who have provided testimony or other evidence (eg Documents/physical-evidence) as to the “charges”.
  2. The right to have legal counsel present at any hearings and to fully represent the accused.
  3. The right to compel personal testimony of witnesses and to have that testimony given on oath/affirmation (Allowing for criminal or civil punishment for perjury/false-swearing if such is inflicted) AND to cross-examine those witnesses.
  4. The right to a hearing before a neutral hearing examiner.
  5. The right to a written decision from that examiner.
  6. The right to appeal any such decision to a court-of-law based on the facts, the law and state and federal constitutions if a public institution is involved OR to the highest authority in a private organization.
To my mind and to meet legal and constitutional standards, any behavior as may be a violation of law (eg "Sexual Assault", "Disorderly Conduct") must be:
A. Referred in writing (Best on oath or affirmation) to a neutral and professional police agency for a fair and honest investigation;
B. If, and only if, those investigators determine that there may be grounds for a criminal prosecution, the facts must be referred to the appropriate prosecuting attorney for determination as to issuing charges or "presentment" to a Grand Jury (According to the local Law); 
C. If charges or an indictment come forth our time-proven trial system (Based on full "due process of law") would determine guilt/innocence; And,
D. If a finding of "Guilty" is had, the Court disposes of the matter according to Law.

For myself, any student-at (Or employee-of) a public university who is not provided one of the above "due process" procedures, for an alleged violation should initiate a civil-rights-violation suit against the particular school AND, as individuals, the rights violating officers/officials.


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