They accuse Federal interference of doing away with due process for those accused of sexual crimes at colleges.
I am tempted to scorn these Harvard professors who have been cheerleaders and architects for all sorts of usurpations of the Federal government in our lives. Let them drink their own medicine!
But the fact is that the issue is so important I’d rather encourage these men and women to really resist, rather than merely complain and criticize.
Here is the heart of the matter, taken from a story in the Daily Caller: the Federal government is forcing universities and colleges to use a “preponderance of evidence” standard, rather than proof of actual guilt in cases of accusations of sexual wrongdoing. Students beware! If you are accused you have little to no chance of not being punished as guilty.
Twenty-eight current and former Harvard professors actually wrote an open letter to the Boston Globe against the new policies.
But the legal scholars claim that the university enacted the new measures “by fiat” and that they were enacted out of fear that the federal government would pull funding if the school was found to be non-compliant with Title IX, a law enacted in 1972 to ensure that students are not treated differently on the basis of their sex.
Title IX governs all public and private schools that receive federal funding, which includes federal student loans and grants.
“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation,” reads the professors’ complaint.
Specifically, the group lamented “the absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.”
Under the new policy, one central office is in charge of “investigation, prosecution, fact-finding, and appellate review.”
The new policy also fails “to ensure adequate representation for the accused, particularly for students unable to afford representation,” the professors argue.
What I hate about this is that a place like Harvard did not simply shrug off the loss of Federal funding. This represents a turning point, I think. Up until now my main complaint about a school like Harvard was that it had too much power over American public policy. I think that is still true. But despite the amazing wealth behind Harvard, they are at the point where they are unwilling to lose Federal funds. I think this confirms a shift in power. The servant has become the master. The school that once exercised control over government is now the being controlled by that government.
No matter what the Professors say (including female professors, by the way) their words don’t change the fact that Harvard complied with this Federal usurpation and decree of injustice. If Harvard is too afraid to follow the example set by Hillsdale College, no one else will do so either.
College campuses just became much more dangerous places, especially for men.