BRINGING DUE PROCESS BACK TO UNIVERSITY SEXUAL ASSAULT ACCUSATIONS

BRINGING DUE PROCESS BACK TO UNIVERSITY SEXUAL ASSAULT ACCUSATIONS

By Domenick J. Maglio PhD. Traditional Realist

The feminists have incessantly fought for more rights for the female accuser since the sexual revolution of the 1960s. They have won victory after victory that has increased the dominance of females on university campuses. Presently males have realized that higher education is such a hostile environment that they currently make up only 40% of the students while women have skyrocketed to 60% in undergraduate and graduate schools.

One of the major factors is Women’s Study programs that indoctrinate students with anti male and female supremacy rhetoric. These programs stress that all men are oppressors, are rapists and women always tell the truth. Certainly these ridiculous sentiments are absurd when rationally examined although they have been effective in weaponizing females against males in higher education.

The Brent Kavanaugh Supreme Court hearings, “Bed Girl” at Columbia U., The Duke Lacrosse team/Tawanda Brawley case and many other less publicized fiascos of current injustice have demonstrated that male students are considered guilty until they prove themselves innocent. It is impossible to prove your innocence in an emotional accusation since your adversaries will continue to say you “just got away with it.” This is similar to proving the emotional charge that you did not beat your wife. These emotionally driven incidents blemish our justice system.

The insanity of an accused person being condemned and prosecuted without having the right to any defense is reminiscent of the Salem Witch Trials. In that gross injustice, children were given the power in the same way female college students are given to be judge and jury to determine guilt of an accused. There was no recourse for the innocent to be heard.

President Obama’s Title Nine revisions were applauded by the feminists and were ignored or overlooked for those championing justice for all individuals. These guidelines empower females to be judge and jury at the expense of male’s rights. This is supposed to protect the feelings and rights of females at the expense of college men due to the concern for the females’ emotional reluctance to report assaults on college campuses. They fear the stigma of being negatively judged by others, which has led to these oppressive regulations.

The accusation by the female was considered to be instantly true leaving the identified male guilty. The males in the sexual assault cases had no rights to discovering, cross-examination, no mediation even if the accuser wanted it. The standard required for the supposed female victim to prove her case was only the “preponderance of evidence” not the “clear and convincing evidence” which is a higher level of burden of persuasion. In essence he was denied his right to due process.

Even if the female withdrew her accusations the Title Nine Coordinator, often a Women Studies graduate, continued her original request for the investigation. The college was responsible to investigate instances that were not even reported directly to the school. These institutions of higher education were intimidated by the federal mandates and possibly a federal investigation of the institution. This often caused many colleges to investigate on flimsy evidence going further than it needed to go.

The male accused of assault had no right to question the so-called victim or even to appeal the verdict. The pendulum has swung back to more sanity under the new Secretary of Education, Betsy De Voss, who has proposed changes that will return to males the right to due process. The accused males will be considered innocent until proven guilty.  This is the same right that male university professors currently have when accused by a student. This obvious double standard further demonstrates the absurdity of Title Nine regulations.

The correction by the Trump administration of the Title Nine procedures is causing a backlash from feminist and other progressive groups throughout the country. The fundamental change is that the male student charged will now have the same standard as professors have in sexual accusations. Nevertheless, it is the right thing to do to reestablish justice for male university students.

No group gains from repressing another group as it will come back to haunt them. Blind justice in the United States has been a great benefit in creating and safeguarding equality under the law.

Domenick Maglio, PhD. is a columnist carried by various newspapers, an author of several books and owner/director of Wider Horizons School, a college prep program. Dr. Maglio is an author of weekly newspaper articles, INVASION WITHIN  and a new just published book, entitled, IN CHARGE PARENTING In a PC World. You can visit Dr. Maglio at www.drmaglio.blogspot.com.