Read the full story here Web Link posted Wednesday, April 27, 2016, 9:54 AM
Town Square
Stanford student accused of sexual assault fires back at university in federal lawsuit
Original post made on Apr 27, 2016
Read the full story here Web Link posted Wednesday, April 27, 2016, 9:54 AM
Comments (17)
a resident of another community
on Apr 27, 2016 at 10:49 am
what is it with colleges that DO NOT prosecute rapists??? Only reason why the guy was charged was because of all the publicity that made light of his crime against person. should not the basic laws also apply to a college in that town?????
a resident of Professorville
on Apr 27, 2016 at 11:45 am
This is an observation, not an excuse for any crime. The alleged action occurred in another state. The complaint by Jane Smith was filed & investigated there, the appropriate jurisdiction. Stanford has no business penalizing the person who wasn't tried or convicted in the venue where whatever happened is said to have happened.
The District Attorney there declined to prosecute. DA's generally decline to prosecute where there is insufficient evidence to prove that a crime took place. Absent proof or strong enough evidence to bring to trial, much less convict, why should the University punish a student based on an unproven allegation?
Unless proven, it's rumor & accusation despite Ms. Smith's fervent wish to have her former boyfriend removed from campus to eliminate any possible meeting or sighting and be "punished." Present evidence of criminal conviction before expecting the university to expel John Doe for what she claims but cannot prove he did.
a resident of Old Palo Alto
on Apr 27, 2016 at 11:55 am
[Post removed.]
a resident of Adobe-Meadow
on Apr 27, 2016 at 12:15 pm
Why are colleges the judges, juries, prosecutors, investigators on behalf of the accuser rolled into one and able to destroy lives?
Isn't the accuser assumed to be a victim and truthful from the start and the accused removed from campus immediately no questions asked and before he has had a chance to defend himself? In other words the male is presumed guilty.
Are the police going to now start teaching college courses? Of course not, then why do colleges think they are capable of administering justice?
a resident of Greendell/Walnut Grove
on Apr 27, 2016 at 12:18 pm
Oh, to be a lawyer on that case ... endless billable hours ... I could buy a mansion out of it ...
a resident of Midtown
on Apr 27, 2016 at 12:26 pm
This is disgusting. A [portion removed] feels entitled to sue a university when he's quite correctly thrown out on his ear. I guess he thinks he can get back on the road to prosperity (mostly the result of a Stanford degree) despite have demonstrated despicable behavior.
a resident of Midtown
on Apr 27, 2016 at 12:26 pm
@Green "...Must a man ask for permission for every touch..."
Actually they do. And not just the male. With the passing of the "Yes means Yes" law both parties need "affirmative consent"
If the other party lets you kiss them, that is NOT permission to grope them. You need affirmative consent for each action you take. And "...consent can't be given if someone is asleep or incapacitated by drugs or alcohol..." So if the other party is not completely sober and you do something that they other party regreets later don't be surprised if you wind up in court.
/marc
a resident of Midtown
on Apr 27, 2016 at 12:35 pm
@Edna "Why are colleges the judges, juries, prosecutors, investigators..."
Because for the last 40 years the public has sought to put the burden on the colleges for every little problem that happens with students. Take a look at all the laws and federal regulations that have been passed that hold the school responsible. Don't blame the school for the corner the public has backed them into.
If a student gets drunk, the school it to blame. If the student is depressed, the school is to blame. If the student commits a crime, the school is to blame. If the student doesn't get a wonderful high paying job, the school is to blame.
If a school doesn't do something the public holds them responsible. If the school does to something the public holds them responsible.
/marc
a resident of Adobe-Meadow
on Apr 27, 2016 at 12:55 pm
[Post removed.]
a resident of Professorville
on Apr 27, 2016 at 1:14 pm
This alleged act took place in another state. What does this have to do with Stanford?
Folks, we're seeing the effects of a fully weaponized Title IX. Stanford acted against this young man because it feared the consequences of another "Dear Colleague" from the OCR.
The best thing would be for the US Department of Education to abolish its Office of Civil Rights, that is, the agency that has been advocating that universities adopt on-campus Rape Tribunals.
a resident of Another Palo Alto neighborhood
on Apr 27, 2016 at 1:15 pm
[Post removed.]
a resident of Palo Alto High School
on Apr 27, 2016 at 1:16 pm
The female student may report an alleged rape if she chooses (and some choose not to report), fine. Report it in the correct jurisdiction (Alaska). Trying to bring Stanford into it, when the alleged act occurred out of state, is unworkable.
Yet this is the current method being used to attempt to get back at rapists/alleged rapists. The federal government is requiring universities to wade into alleged crimes and personal relationships - and it may result in inaccurate and unjust findings and penalties. I can't tell for certain, since I was not a witness to this alleged crime in Alaska. But do we convict based solely on a female's assertions? I feel terrible for anyone subjected to rape/sexual assault, but we need to improve the method of investigating and prosecuting these alleged crimes.
Prevention of rape and intervention of apparent rape is better than trying a kangaroo court of he said/she said afterwards UNLESS there are credible witness(es) and evidence. But often it's just he said/she said.
Pent up anger (justified) at the men who get away with rapes over eons is now resting in a semi-misguided use of university "judicial" systems to attempt to remedy the crime.
I think prevention and intervention need to be ramped up.
a resident of Midtown
on Apr 27, 2016 at 1:21 pm
@another perspectivr, no a woman does not need to take responsibility for someone assaulting her. It doesn't matter what she is wearing or how she is dancing, there is no situation in which it is her fault. A man is never allowed to sexually engage with her without her consent. End of story. Here's a little video to help clear it up: Web Link
a resident of Stanford
on Apr 27, 2016 at 1:22 pm
The alleged crime took place in Alaska during winter break. [Portion removed.]
Why should Stanford expel him if the crime did not take place on campus, and if the Juneau authorities declined to act on it? Just because he is a Stanford student? Just because Leah is? They were away from Stanford for the holidays!
Even if the accused IS guilty, that is not a Stanford issue--it did not happen on campus! If the Juneau DA won't prosecute, why doesn't Leah file a civil lawsuit in Alaska instead?
The point is, this is one time Stanford does not have to get involved!
a resident of College Terrace
on Apr 27, 2016 at 2:24 pm
Annette is a registered user.
Absent the experience, it is hard to imagine what it would feel like to be either sexually assaulted or wrongly accused of sexual assault. Either would be devastating and wholly disruptive to one's sense of self and equilibrium. I can imagine wanting accountability but in this particular case I don't "get" why the university is involved at all. If the answer is that both of the young people were students there, just how broad is a university's responsibility? Surely schools cannot be responsible for all the actions of all students in all places at all times. If that is the expectation, should we anticipate that schools will start doing background checks on prospective students and factoring that in to the admission process? [hope not] One thing that I think could be done without placing blame is to offer comprehensive counseling to the accuser and the accused. The more education and understanding, the better. More education about alcohol would also help since it seems it is a dangerous common denominator in many of these sad situations.
a resident of another community
on Apr 27, 2016 at 4:44 pm
Hobbler is a registered user.
@almunday60
When did colleges get in the business of "prosecuting" anything?
The incident took place in another state. What if it took place YEARS earlier; while these kids were in high school?
The lawsuit claims that the kafka court and the expulsion were the result of the Univ. adjudicating to meet a quota. I'm inclined to agree. Even if rape is running at 99% on campus, that is not a justification to deny due process and conduct trial by statistics.
a resident of Santa Rita (Los Altos)
on Apr 27, 2016 at 11:19 pm
Amanda is a registered user.
This is why colleges should not be adjudicating sexual assault. As long as millions of Federal funding dollars are tied to accusations there will never be an impartial and fair hearing. Her accusation looks like an ex-girlfriend who is jealous of her ex-boyfriend who moved on with his life. As for the way Stanford treated John Doe his adviser worked against him, and he was kept in the dark all along. I wish John Doe the best in finding truth and justice through a court of law, something that Stanford woefully lacks.
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