Wednesday, December 28, 2016

More Due Process


From NRO:
And speaking of due-process horror shows, this case from James Madison University shows how universities engineer the results they want. 

After an initial finding that the male defendant was “not responsible” on the charge of sexual misconduct, the female student appealed. The appeals panel reversed the finding and sanctioned the male student. 

The male student sued, and a federal judge ruled in his favor, finding that “no reasonable jury” could find that he was given a “fair process.” The reasons were legion: 

In short, Doe [the male student] was given no opportunity to respond to some of the evidence . . . , was hampered by the rules prohibiting contact with witnesses or limited by time constraints in responding to others . . . , and was not permitted to appear before the appeal board. . . . Additionally, because the appeal board made no finding of responsibility by Doe and provided no reasons for its “Increased Sanction” decision, the appeal board decision and its review . . . were unfair to Doe. Read more at: http://www.nationalreview.com/article/443384/colleges-universities-title-ix-students-constitutional-rights-sexual-assault-adjudication

Consider this case if here were no federal government.  The voters of the state, we presume, voted to give universities to right autocracy. Voters should leave for another government.

What would Sotomayor rule? She will always rule a Due Process case in favor of her left wing friends, she insists on the judicial right of divinity.

What are we suppose to do? We have the same problem in California, give us our rights, we will immediately give them away.

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