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Why are schools adjudicating this? Shouldn’t the court system and police investigations?
by nomoreplease 5y ago
Why are schools adjudicating this? Shouldn’t the court system and police investigations?
- dragonwriter 5y ago> Why are schools adjudicating this? Because they are held accountable through civil liability if they commit harassment, and one manner an institution can commit harassment is by maintaining an environment in which harassment thrives even if harassment isn’t a deliberate choice by institutional officers. > Shouldn’t the court system and police investigations? Harassment is a civil offense, so courts are involved but not police, but courts are involved only at the point where the immediately-responsible institutions have allegedly failed; their involvement compels the institutional action, it doesn’t substitute for it. (Some acts of harassment are also crimes, but that is a separate issue.)
- tetromino_ 5y agoBecause in 2017, the Office for Civil Rights at the US Department of Education issued a guidance letter requiring all colleges and universities that accept federal funding (i.e. most US colleges and universities) to adjudicate sexual assault cases under a low standard of proof: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/31/the-path-to-obamas-dear-colleague-letter/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...