Friday, May 04, 2018

Results of MSU's Title IX review

Well, actually, it's simply a review of the present policy, which I reviewed previously.  Interestingly, the review finds just the opposite of what I suggested--that MSU ought to rescind its requirement that employees report abuse to the MSU police.  To me, this is really odd for the reasons I noted before: Title IX investigations suffer from the lack of subpoena power, as well as from an inability to lawfully collect physical evidence, all in cases where the vast majority of cases they'll be dealing with are criminal.  The report itself cites an unspecified tension with legal requirements, but the simple fact of the matter is that the State of Michigan has had mandatory reporting as far back as 1975.  MSU's policy is simply state law, though imperfectly applied.

Once again, Title IX seems to impose upon colleges and universities the duty to create a parallel system to the criminal justice system, one sadly without the ability to adequately collect evidence, and one without the protections for the accused found in the criminal justice system.  Since it's the system making the most noise, moreover, it will become the dominant system--to the detriment of both victims and the accused.

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