Are the people who are accused of sexual misconduct automatically guilty? Are they already seen guilty once someone has accused them of sexual misconduct? Should there be fairness for both sides, the victims and the accused? The accusers are not always the perpetrators in some of these cases, and the victims who accused these people are not always the victims. Some of them are innocent and shouldn’t receive the punishment the colleges have given them.
“Once you are accused, you’re guilty,” Parker Oaks, a Boston University student, said in an interview on NPR’s For Students Accused Of Campus Rape, Legal Victories Win Back Rights. “We’re living in a society where you’re guilty before innocent now.”
Those accused of sexual misconduct face suspension and possible expulsion from school. In the case of Doe v. Regents of the University of California, the accused student was not given the opportunity to present evidence proving him not guilty. This student went to court and has since proven his innocence.
It used to be the victims who were the ones who not getting justice. Now, as colleges crack down on sexual assault, the opposite is occurring.
“Many accused students see themselves as victims,” Sherry Warner-Seefeld, founder of the Families Advocating for Campus Equality group, said in an interview on NPR’s For Students Accused Of Campus Rape, Legal Victories Win Back Rights. “They feel as traumatized as victims of sexual assault.”
The colleges have jumped from one extreme to the another. “So the question here is whether there can be an approach to enforcement that treats both the victims and the accused with seriousness and dignity and tries to get to the bottom of these kinds of allegations,” Anya Kamenetz, a member of NPR’s Education team, said on NPR’s Education Department Official Apologizes For ‘Flippant’ Campus Sexual Assault Comments. The Education Department and Betsy DeVos are trying to change what the Obama administration had in place for schools by trying to come up with a system that does more for survivors and ensures fair due process for the accused.
NPR’s Tovia Smith wrote, “The Trump administration is expected to address Obama-era policies cracking down on campus sexual assault. Education Secretary Betsy DeVos has signaled she wants to make significant changes to how schools handle allegations, to ensure the process is fair to accused students.”
“DeVos pointed to Obama Administration directives detailing exactly how schools have to investigate and adjudicate sexual assault cases,” Smith said on NPR’s Betsy DeVos Signals Rollback Of Obama Policies On Campus Sexual Assault. “Those may well have been based on good intentions, she says, but they’ve now run amok to the point where college-run kangaroo courts have resulted in a shameful unraveling of justice, as she put it.”
They want to change the policy on how colleges handle sexual violence and how the accusers are treated. The accusers are happy that they are being recognized and that there will be possible changes to help defend themselves. Others feel this is not a good idea and we will go back to how it used to be. It is hard to find a common ground on this issue.
“I think that people come into this debate on a side,” Feminist Harvard Law Professor Janet Halley said on NPR’s Betsy DeVos Launches Reform Effort On Campus Sexual Assault Policy . “They come in on the side of survivors. They come in on the side of the accused. I’m saying, let’s try to be on the side of all the students and from that point of view think about what we would want these programs to look like. And I think if we thought that way, we would be doing very different things than we are doing today.”
Should colleges change their policies on how they handle sexual violence on campus? The accusers aren’t always to blame and should have a right to defend themselves. The victims should have the same right as well. Both parties should have an equal opportunity to prove their case.