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We don’t see university students as full adults. So when a student is harmed we see the university as having partial fault and a role in resolving the situation

We don’t see university students as full adults. So when a student is harmed we see the university as having partial fault and a role in resolving the situation.

prepend 8y ago
Most university students are 18 or older, so legally adults. The university may have some culpability, but that’s even more reason for courts to investigate, not the university. I almost see it as obstruction of justice if not turned over to courts. Imagine if Google has a sexual assault review process that didn’t involve handing evidence over to police. That would be pretty bizarre and anti-victim justice.
- jdsully 8y ago
  They aren't allowed to drink at 18. In many other ways the law infantalizes them including the Title X tribunals universities are required to have. When the combination of energy drinks and liquor was banned in WA state it was done so on the theory they were taking advantage of "kids". "kids" who were the legal drinking age of 21. [1] The path to adulthood is an extended progression in modern times and does not end at the age of 18. The law has many more milestones before full rights are provided. [1] "They're marketed to kids by using fruit flavors that mask the taste of alcohol" https://www.latimes.com/archives/la-xpm-2010-oct-27-la-na-blackout-in-a-can-20101027-story.html https://www.latimes.com/archives/la-xpm-2010-oct-27-la-na-bl...
  - prepend 8y ago
    You’re right, but I’m not sure why this is relevant to why universities should have non-judicial, non-criminal courts for sexual assault.
    - jdsully 8y ago
      Its an extension of Loco Parentis. They aren't children, they have some agency and responsibility hence the "court". But clearly society doesn't think they are quite ready to be left solely to the whims of the justice system. The court covers other offenses as well.
      - greenyoda 8y ago
        If a person of the same age who was not attending college and living with their parents were assaulted, would it be the parents' responsibility to bring the perpetrator to justice? No, it would be the job of the criminal justice system. So why should two cases be handled completely differently just because one happened to occur on a college campus?
jgalt212 8y ago
Yes, "we" don't, but the law does. So not giving a legal adult due process has opened up this litigation can of worms. Obama, the lawyer, should have anticipated this perverse outcome. But maybe he did and was just trying to make more jobs for lawyers with all this excess litigation.

We don’t see university students as full adults. So when a student is harmed we see the university as having partial fault and a role in resolving the situation.

prepend 8y ago

Most university students are 18 or older, so legally adults. The university may have some culpability, but that’s even more reason for courts to investigate, not the university. I almost see it as obstruction of justice if not turned over to courts. Imagine if Google has a sexual assault review process that didn’t involve handing evidence over to police. That would be pretty bizarre and anti-victim justice.

jdsully 8y ago
They aren't allowed to drink at 18. In many other ways the law infantalizes them including the Title X tribunals universities are required to have. When the combination of energy drinks and liquor was banned in WA state it was done so on the theory they were taking advantage of "kids". "kids" who were the legal drinking age of 21. [1] The path to adulthood is an extended progression in modern times and does not end at the age of 18. The law has many more milestones before full rights are provided. [1] "They're marketed to kids by using fruit flavors that mask the taste of alcohol" https://www.latimes.com/archives/la-xpm-2010-oct-27-la-na-blackout-in-a-can-20101027-story.html https://www.latimes.com/archives/la-xpm-2010-oct-27-la-na-bl...
- prepend 8y ago
  You’re right, but I’m not sure why this is relevant to why universities should have non-judicial, non-criminal courts for sexual assault.
  - jdsully 8y ago
    Its an extension of Loco Parentis. They aren't children, they have some agency and responsibility hence the "court". But clearly society doesn't think they are quite ready to be left solely to the whims of the justice system. The court covers other offenses as well.
    - greenyoda 8y ago
      If a person of the same age who was not attending college and living with their parents were assaulted, would it be the parents' responsibility to bring the perpetrator to justice? No, it would be the job of the criminal justice system. So why should two cases be handled completely differently just because one happened to occur on a college campus?

jgalt212 8y ago

Yes, "we" don't, but the law does. So not giving a legal adult due process has opened up this litigation can of worms. Obama, the lawyer, should have anticipated this perverse outcome. But maybe he did and was just trying to make more jobs for lawyers with all this excess litigation.