I’m sorry, but there’s way too much sloganeering on both sides of this issue.
You can define “sexual assault” and “predator” broadly enough to make everyone one or the other, and many both. But in so doing, you cheapen the terms and undercut the effort to deal with people who actually deserve to be called predators and their victims. I think that’s what has been happening. The combination of the “preponderance” standard with star-chamber procedures and an emphasis on general and specific deterrence vs. resolving interpersonal problems is clearly delegitimizing efforts to reduce and eradicate sexual violence.
The vast majority of college kids are neither predators nor victims. However, the vast majority of college kids also have lots of bad sex, full of ambivalence, guilt, confusion, disappointment, frustration, and regret. Because that’s what 18-22 year-olds do, more or less the way 10 year-olds crash their bikes and skin their knees. It’s part of learning how to do better.
The current orthodoxy makes every incident of bad sex a potential significant disciplinary issue. As a statistical matter, hardly any of the bad sex actually turns into a significant disciplinary issue, I think mainly because the kids involved do not feel like they have been victimized in any meaningful way, except perhaps by their guilt-inducing parents. (King Canute would have a better chance of stopping the tide than college administrators would have of actually stopping bad sex.) Nevertheless, more or less randomly, every once in a while someone decides – often with prompting from others, who are both well-meaning and ideologically driven – that the bad sex was the fault of the other person involved, which makes it sexual assault, and we’re off to the races. With packs of PR consultants and national advocacy groups howling to join in. And colleges in the ridiculous position of adjudicating sex between 18-year-olds. Sometimes the decider isn’t even one of the participants, but a friend, an administrator, an upset parent.
Everything about that spectacle is unfair, to everyone involved. Including how effective at bringing the college to heel a sophisticated parent with funding and contacts can be, as described in the article. It’s a crappy system, and it tarnishes everyone involved, including the college. And worst of all, by creating a public class of unjustly accused, it sows confusion that the justly accused can exploit. As here – we’re not discussing the role of rape in the lives of women, we are discussing the technical standard of proof for some offense that isn’t exactly rape.