Yale Community at Odds Over Consent

http://finance.yahoo.com/news/yale-investigates-rape-allegations-165233524.html

Well, maybe. On the other hand, a lot of what’s on the internet about this, including posts on this very thread, suggest that he’s being railroaded. If he never files his suit, all that will still be there, suggesting (at least) that his expulsion was controversial. That could be better (for him) than either keeping entirely quiet, or than actually suing, if the underlying complete facts aren’t so great. For example, if he never sues, we will probably never read the accuser’s version of events, or whether there were any other accusers. Only his version of the facts will be there, and clearly plenty of people are sympathetic to his version.

Also, I note that because the University of Oregon is a public school, the plaintiffs there would have more causes of action, based on government action infringing rights.

@JHS Unless your principal source of news is Jezebel, I think the impression you get now if you google is that he was railroaded. The PR release quoting his attorney has been very effective. On major news sites, or at least those I’ve looked at, the comments are 90% in his favor.

@texaspg The problem is…that is, IMO, inaccurate. The AAU is an association of universities. It took a survey and the percentage of female Yalies who said they had been subjected to sexual assault or unwanted sexual contact was unusually high–so, BTW, was the response rate. The AAU report doesn’t criticize Yale or any other university. It’s really just a collection of data.https://www.aau.edu/Climate-Survey.aspx?id=16525 The Yale president’s remarks were not in response to anything the AAU said, but in response to the survey results.

I just hope this never happens to my kids. Clearly this never reached a criminal level. What an awful situation for both of them. Is it getting to the point where we need single use consent forms on campuses?

Does a student have to commit a criminal act to be expelled from school?

If a student commits a criminal act, should the student be arrested and tried in a court of law?

I believe the crimes should be left to the courts. If the school wants to have hearings for cheating or breaking rules (in the olden days curfew, currently things like firearms in the dorms), I’d agree if the penalties aren’t expulsion. A court or hearings board has to have limited power if it is going to have simplified procedures. A small claims court can’t imposed million dollar judgments or send people to jail. A criminal case where the death penalty is a possibility has different procedures and safeguards than one where the maximum penalty is a year in county jail. Is expulsion a serious penalty? I think it is.

I haven’t had the experience Hanni has had working with only federal or extremely well trained judges (some really aren’t that good), but in most cases it is not just one body/person with all the power. Even with a bad judge, there are attorneys making a record that can be used on appeal. Even with an uneducated jury, there are two attorneys and a judge guiding and advising. The jury is given very specific instructions on what to look for, what to consider an element, a violation, an exception. Yale uses a board and we have no idea what standard they use, if they have ‘jury instruction-like’ standards when making their decision or if they are just deciding to believe one party over the other.

@dstark, no and yes.

I wish this weren’t happening so I could root for Yale against Baylor with no reservations. Great game so far.

@ohiodad51,

There are crimes where people don’t press charges, right?

A friend of my daughter’s was suspended for lighting fireworks on campus. If he did it again, he would have been expelled. He did commit a crime. It wasn’t a felony though. He wasn’t arrested.

In real life, :slight_smile: people don’t like to go to trial, do they?

A friend of mine’s mother was murdered. The DA strongly suggested that my friend and family accept a plea bargain instead of going to trial. The DA said the trial would be tough to go through. The family would have to relive the murder again. So there was no trial. The murderer got 6 years in a plea bargain. The murderer is out now. The inspector did tell my friend that the murderer was going to go through hell in prison.

This is a little different than a typical rape case. There are some similarities though. This family did not want to go through a trial on a murder case. People who are raped don’t want to go through a trial either.

I don’t think being expelled from a school is the same as a conviction. When a student is expelled, aren’t there schools that don’t list sexual assault as a reason for the expulsion? There must be. I know one. :wink:

I am happy for the team! Hard to be angry at them this afternoon!

See, everyone is presuming this kid raped the accuser. Did he? The activists on campus say so. Some People on this forum say so. He must have because he was expelled! Really? That’s a pretty horrible label to walk through life with without benefit of a criminal investigation and trial.

Wow! 2 people like momofhtreeboys post #130 and 2 people think that post was helpful. :slight_smile:

I think people on this forum are pretty clear they don’t know what happened. The post is quite a leap. The post is insane. I have to check out these 4 people so I know how these people think. Lol

By the way, Montague was at the game today. I don’t think anybody spit on him or anything, did they?

Edit…

Ok. I just checked those 4 people. I expect better from a couple of you. :wink:

Yale busted a lot of brackets today.

Yeah…I hope my daughter chose Yale!

@dstark and @momofthreeboys, I freely admit that I tend to believe the kid is guilty solely because of Yale’s expulsion, which I can’t believe would be imposed without lots of incriminating evidence. Other than Yale’s decision, I know NOTHING about the case. So, yes, the decision alone is enough to convince me that there must have been some wrongdoing, as much as I dislike these Title IX forums.

If Yale acted improperly, then shame on me and I guess everyone else who drank the kool-aid.

@dstark I find it unsettling that you would attempt to call people out and then check them out for liking a post…thats not cool to me.

Guilty or not he is out a quarter of a million dollars and an ivy league degree. When employers check on him online this dark dark cloud will hang over him and I’m betting most employers won’t be willing to give him the benefit of the doubt… better safe than sorry thinking lines… not to mention he has lost the opportunity to play in the NCAA tournament… an opportunity that only came up for Yale once in 53 or something like that years?

Thats an awful lot of punishment for the amount of times this girl willingly took off her clothes and went to bed with him… and got back in bed with him that night …

I think he deserves at the very least a criminal investigation… and I’m not afraid to say that so go ahead and belittle me all you want for it

@prospect1,

I think there is more to the story than we have been told too.

That doesn’t mean the guy is a rapist. :slight_smile:

@runswimyoga, post 130 is fiction. It is a strawman argument. I am not going to belittle you. You are entitled to your opinion.

I was joking a little bit. Not about the strawman though.

Did she attend Yale? There used to be a lot of Princeton supporters at one time for Basketball but I have not seen much following for Ivy schools lately. There was a short upswing for Harvard but doesn’t look like they are doing that well anymore. I bet more people have heard about the captain getting kicked off than how good this team might be.

@prospect1 -

I have no idea whether Montague is guilty or not, but I do not have confidence that Yale’s process will result in a just outcome for either party. There are too many accounts of colleges and universities using Kafka’s “The Trail” as an instruction manual instead of a cautionary tale. For a summary of some of them, see the following:

http://www.newsweek.com/2015/12/18/other-side-sexual-assault-crisis-403285.html

Washington & Lee:
http://www.roanoke.com/news/virginia/w-l-student-expelled-for-sexual-assault-is-allowed-to/article_b599a12b-e558-578f-bc75-3d666b2b237a.html

Auburn:
http://www.mindingthecampus.org/2013/12/the_scandal_at_auburn/

Brandeis:
http://www.thecollegefix.com/post/22135/

Duke lacrosse case:
http://www.popecenter.org/commentaries/article.html?id=3332

These cases should be forwarded to local police and prosecutors who are trained to handle them, and not be prosecuted by some campus admin who, at best, has minimal training in these matters.

I don’t know if more people have heard of Montague than the Yale basketball team. The ratings may be higher because of Montague. :slight_smile:

My daughter did not go to Yale but she likes to play the March Madness pools. Is that illegal? :slight_smile: Last year, she had two teams in the final four. She lost. She doesn’t know the teams so sometimes her picks can be bizarre. :slight_smile: Like Yale over Baylor!