4 ms·
Because a university isn't investigating to determine whether a crime, per se, has occurred, but to determine whether allegations of discriminatory (racial, sex
by wahern 7y ago
Because a university isn't investigating to determine whether a crime, per se, has occurred, but to determine whether allegations of discriminatory (racial, sexual, etc) harassment are credible. If such harassment is occurring, or something equivalent which creates a discriminatory hostile environment for the student, a university has an obligation under these laws to end it.
A rape is a crime, but a rape followed by the ongoing presence of the rapist also equates (under legal precedent) to a hostile environment for the student victim, which is how Title IX comes into play.
The question was why are universities conducting these investigations. Rape plus ongoing presence of the rapist is considered a form of sexual discrimination by the university, in so far as the university willfully permits the rapist's ongoing presence. Thus the university is put into the position of judging the credibility of any allegations.
In this way it's also identical to the racial epithet scenario. Shouting racial epithets isn't a crime or even illegal, but a university that doesn't stop such ongoing behavior among its students is considered to be illegally racially discriminatory against the target of the epithets.
- naasking 7y ago> The question was why are universities conducting these investigations. Rape plus ongoing presence of the rapist is considered a form of sexual discrimination by the university This doesn't follow. The sexes of victim and perpetrator can be changed arbitrarily without affecting the argument, in which case this has nothing to do with the sex of those involved. So in what way is this sexual discrimination, even if it is a "hostile" environment for the victim? > Shouting racial epithets isn't a crime or even illegal, but a university that doesn't stop such ongoing behavior among its students is considered to be illegally racially discriminatory against the target of the epithets. Except we come again to the fact that racial epithets are literal expressions of racial discrimination, but as per above, I don't see how the rape scenario qualifies under any defined legal term of sexual discrimination.