That’s certainly a skewed way of presenting it, given there were a large number of criticisms over how the policy worked in practice coming from the left and right.
For example, two students engage in a consensual but alcohol fueled hookup. By current policies at most colleges alcohol fueled hookups cannot be consensual in a “legal” sense. Does that mean whether a student is accused by the college disciplinary proceedings comes down to who the faster sprinter to the deans office is?
Student disciplinary procedures were designed for stuff like cheating and minor crimes like throwing a rock at a window or minor altercations, not crimes. It shouldn’t be a surprise they don’t work well at dealing with actual crimes.
Thats a skewed way of presenting it ... okay now let's present a skewed example of rape, as a way to trivialize it.
Neither you or
@NovaKart have actually provided a single linked example. By simply listening to a podcast episode and reading a few articles, I easily know more than 99.99% of people do about this issue, which is still not a lot. I have no idea if you are referencing specific cases, or just engaging in the usual trivialization that people often do when it comes to sexual assault and rape.
I've provided a example, the Virginia case that was used as the culture war spark. The DeVos policy, required, the situation that resulted. A Date Rapist raped a girl in the school bathrooms, which was put under investigation by the Police. The police however investigate, they can't dictate changing of classes or circumstances, only eventual arrest. They were then allowed to remain free at the school with no change of supervision or anything else, and then the perpetrator sexually assaulted another girl. That simply is what happened.
Now if the Obama policy were in place, maybe the school still would have stuffed up. But there would actually be the chance that a second girl could have avoided being sexually assaulted. Under the DeVos Policy, it was basically unavoidable by design.
I'm not arguing for immediate expulsion at the mere accusation of anything. But schools do not, and should not be required to follow the standard of criminal law. Criminal Law requires innocent until proven guilty, and the other legal principles it has, because of the inherent level of punishment. All that however makes criminal law slow and unwieldy. There is a very good reason why civil and criminal law are separate, and company and institutions policy is not supposed to be as onerous as criminal.
In the case of rape or serious sexual assault, the victim and the perpetrator should be separated, even before a full investigation is done. And the onus of the DeVos policy puts it all on the victim to avoid the perpetrator, which is contrary to justice. This is not about drunken fumbles, which is the go-to response to trivializing sexual assault. And pretending that every case will merit the exact type of response, be it a drunken fumble or a violent rape, is stupid and reductive. This reductive nonsense rarely happens with most crimes, but seems to really frequently crop up with sexual assault-related crimes.
And the perpetrator should be restrained in some way from potentially being a repeat offender if it warrants it, while it is investigated. That happens all the time, with other crimes, with a vast variety of measures. Jail, Bail, Probation, Monitoring, counseling,
in-school suspension, etc.
It is absolutely unjust, for a victim of a rape to be forced to learn alongside their rapist. How do you expect them to learn as normal, in that condition? Just like it wouldn't be expected, for someone who had their skull violently cracked, to just sit by the person who did it. The thing that my position is akin to, is to treat sexual assault, more like other issues. I think that requires a much lower standard of proof, than your guys, sexual assault should be treated abnormally, with the onus against the victim, which is the DeVos policy.
People are restricted in some way when under suspicion, all the time. No, it doesn't feel fair if you didn't do it. But false rape accusations are widely overblown as a topic of concern, are on similar levels to false reports of other crimes, are often untargeted, rather than against a specific person.
Anyway, the Biden admin isn't just bringing back the Obama rules, as otherwise, they would have simply done so. Clearly, they are drafting something somewhat different.