October 21, 2016

COLLEGE SEX MEETS THE STAR CHAMBER: At Yale’s sexual misconduct tribunals, defendants can’t even cross-examine witnesses.

Under Yale’s sexual misconduct policy, sexual harassment includes verbal statements that have the “effect” of creating an “intimidating” environment. Sexual assault includes any contact without “positive, unambiguous, and voluntary” consent. According to Yale, consent must be “ongoing” at each stage of an encounter but “cannot be inferred from the absence of a ‘no’ ” or presumed from “contextual factors.”

With these expanded definitions in hand, “independent investigators”—eager to justify their employment by a university desperate to appear tough on sexual misconduct—rush off to find evidence of violations. They build dossiers on professors’ offhand comments made decades earlier. They probe the murky “he said-she said” of drunken hook-ups seeking to prove that consent was not freely given, irrespective of whether a crime has been committed. Administrative tribunals, lacking due process protections provided in a court of law, determine guilt and mete out punishments that forever label people misogynists, harassers, or perpetrators of sexual assault.

The “intimidating environment” is the one Yale men are studying and working in.

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