3 ms·

Everyone deserves due process.

• stcredzero 8y ago
  If the consequences are potentially life destroying, then it's the height of dishonesty to handwave away due process, saying, "It's not a criminal prosecution." It might as well be. Such an accusation outside of the Title IX process would be seen as "per se defamation." In plain English, some accusations are so damaging, there's no need for the purposes of defamation to prove they are damaging. By eliminating most of due process, reducing the burden of proof, and denying the ability of the accused to face and cross examine their accuser, Title IX is basically declaring "open season" on life damaging accusations. Granted, it's often a bad situation to be in, to be an accuser. No due process worth its name is going to be easy for either party. If it were easy for one side or another, that's a signal the system is broken. Example: Falsely accused black men in the South suffered injustice because the role of accuser was made too easy by racial bias. (EDIT: Note that there are even local DAs and prosecutors in the US who are seeking to erode presumption of innocence in sexual misconduct cases in the actual judicial system, for similar reasons as cited for Title IX.)