Tuesday, February 17, 2015

A must-read for anyone interested in rape, law, and education

At Harvard Law Review: Trading the Megaphone for the Gavel in Title IX Enforcement - Trading the Megaphone for the Gavel in Title IX Enforcement by Janet Halley. The examples are fascinating. One, rather uncommonly for this sort of an article, mentions class differences in communication. But this may be the most significant example:
I recently assisted a young man who was subjected by administrators at his small liberal arts university in Oregon to a month-long investigation into all his campus relationships, seeking information about his possible sexual misconduct in them (an immense invasion of his and his friends’ privacy), and who was ordered to stay away from a fellow student (cutting him off from his housing, his campus job, and educational opportunity) — all because he reminded her of the man who had raped her months before and thousands of miles away. He was found to be completely innocent of any sexual misconduct and was informed of the basis of the complaint against him only by accident and off-hand. But the stay-away order remained in place, and was so broadly drawn up that he was at constant risk of violating it and coming under discipline for that.