How does something this outrageous happen in the land of the free?
You're a young man attending a large university. You have consensual sex with a female student. She accuses you of sexual assault. Eventually, law enforcement determines her claim was false, and police charge her with filing a false report to law enforcement.
The problem is, before law enforcement determined the young woman should be arrested, a student relations committee at the school had already expelled the young man.
This is a real case. The school, the University of North Dakota, told the young man, Caleb Warner, not to set foot on campus for three years after a student relations committee ruled in February 2010 that he violated four sections of UND's code of student life, including “violation of criminal or civil laws.”
Warner asked for a rehearing based on new information; specifically, the fact that she was charged with a crime, not him. The fact that he was the real victim here, not her. One of the reasons Mr. Warner was expelled was because he supposedly violated criminal or civil laws. But it turns out that the law enforcement agency charged with actually determining if a crime should be charged determined that it was the accuser, not the accused, who violated criminal laws.
What is the fair thing to do here? Forget it -- it's not happening. The University of North Dakota has refused to reopen the case. Documents obtained by The Associated Press show that Mr. Warner's lawyer requested the rehearing based upon a section in the student code that allows a case to be revisited if there's “substantial” new information. In a letter to Mr. Warner, Robert Boyd, UND's vice president of student and outreach services at the time, rejected the request and based it on a section that requires appeals to be filed within five days of any sanction. (So, let me get this straight: any new evidence must be obtained within five days of the sanction. As if a party has any control over that. Say what?) But, wait, Boyd later told the AP that he does have the authority to review any case regardless of the timing of the appeal. (So why did he mention the five days in his letter?)
And just to shed some light on the procedure in the hearing with the student relations committee: Mr. Warner's lawyer was allowed to attend the hearing but could only confer with Mr. Warner during breaks in the proceedings. Mr. Warner was forced to actually defend himself and personally ask questions of the witnesses, including the alleged victim. Witnesses were allowed to “pass” if they didn't want to answer a question. You know, it's the Star Chamber without as much fairness.
What do you suppose the reaction would be if Mr. Warner had been cleared of the charges but then, later, was charged with rape? Do you think there would be protests about the fact he wasn't punished? And don't you think the school would react to that? Gee, based on what other schools do, somehow I don't think Mr. Warner would last long on campus if that happened. But when it works in reverse, there aren't any protests at the school. None. There should be, but there aren't.
Harvey Silverglate, a prominent civil rights attorney and expert on college disciplinary rules, called UND's refusal to re-open the case distressing. “Law enforcement agencies do not lightly charge complainants in sexual assault cases with filing a false report,” Silverglate said. “It seems to be that the campus tribunal has an obligation — surely moral and ethical and arguably constitutional as well — to reopen the case to examine the basis for the criminal justice's system of filing a false statement.”
For his part, Warner, 24, said he's been devastated by the events but has given up on his quest to return to UND. He's back in his hometown of Fargo. All he wants from UND is an apology.
Good luck with that, Mr. Warner. Good luck with that.
Thanks to JS
Link: http://www.inforum.com/event/article/id/311279/
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16 comments:
I had to read this twice because I can't believe it.
OT but sorta relevant
http://www.dailymail.co.uk/news/article-1363755/Theresa-Riggi-admits-killing-3-children-locked-custody-battle-husband.html#comments
and
http://www.dailymail.co.uk/news/article-1363858/Teacher-Leah-Davies-29-sex-schoolboy-15-spared-jail-judge.html
“Law enforcement agencies do not lightly charge complainants in sexual assault cases with filing a false report,”
But charging rape on the other hand...well that's different.
The American gender-Raunch community, "Empower" themselves not by the virtues of their lifestyles; but by attacking the heterosexual male community.
Many folks do not like the full implications of this truth, but Im sure many young men don't like to be persecuted by false rape accusations, just so the Gender-Raunch community can go into "Klan marchers mode" around the campus.
To find out if the "American gender-raunch" community is in fact "Empowering" themselves by agitating mass rape hysteria; we could Break Alliance of misinformation between gender-raunch and law enforcement and see what happen. Start charging every, and i mean every, false rape accusation...And see if American gender-Raunch community still retain their "Empowered" status on American campuses.
Most all false rape accusations now center around American universities.
"American Gender-Raunch" professors who are sticking sawsalls with dildoes on the end of them, into a girls vagina as a class activity, have risen to "Empowerment" primarily through perverted statistics, and law enforcement not charging false rape accusers.
If False rape accusers were charged, the faulty and inflammatory "Empowerment rhetoric" of the gender-raunch community would be de-activated.
Not that I have any further information, but I'm thinking the female student who was criminally charged has not been expelled.
Has a female student ever been expelled for making a false accusation?
Ridiculous. I found out recently that the DA is declining to bring charges against me for a person's FRA. Nevertheless, it looks like my University is trying to put me in the star chamber during finals week and tarnish my reputation with a separate investigation. I'd further explain how ridiculous the whole situation is, but alas, I fear legal retribution. One day I'll write up an article on all this b.s.
What the university did should be illegal. This is an outrage.
Universities should not even be permitted to hold tribunals these days. Students are all adults and are paying for a service and the University has no authority to impose any sort of control over a student's conduct. The civil authorities investigate and prosecute crimes.
These so called tribunals are an anachronism and are left over from a time when universities were all male and when the age of majority was 21. They were sort of acting in loco parentis and policed themselves without interference from the civil authorities.
This hasn't be true for a long time and especially after they went co-ed 40 years ago.
This 24 yo man has every right to sue the school for expelling him.
Keep in mind that universities are (sadly) still the one place that's a guard against tyranny. I say sadly because it sure as hell isn't what they are trying to turn into.
"Most all false rape accusations now center around American universities."
You have no idea if this statement is true of not.
There are HUGE numbers of false rape accusations abounding in Family Court these days. Divorce time is almost hand in hand with a false accusation of spouse rape or child abuse.
There are HUGE numbers of false accusations abounding in Social Services. The State has a bounty on adopting out children. No one, mothers or fathers, are safe from false accusations by the state.
You think your'e home free just getting past your college years?
You have no idea what fresh hell awaits...
And where are all of the tough-talking, would-be vigilantees when a false rape accuser gets a free pass? They're nowhere.
A male criminal gets out of prison after forty years and men talk openly about murdering him, but the vagina gets a free pass -- even though her crimes are at least as bad!
I noticed he was expelled for four different violations-what where the other three?
Anon@6:08 -> You could look up their school rules to probably find out. My guess is that they have some vague golden rule ("all students must treat other students with respect") that they can use to broadly charge any student with breaking a contract with the school. The basis on which the school has the ability to kick a student out is that the student broke his/her contract with the school. If the contract has really broad/vague terms then it makes it difficult to fight the school with an unlawful termination of contract lawsuit.
This is why you should always get them to sign one of these - LoveContracts.net
Although I guess it wouldn't have helped as much here.
They are against public policy and would never be enforced.
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