"On too many campuses, a new attitude about due process—and the right to be presumed innocent until proved guilty—has taken hold, one that echoes the infamous logic of Edwin Meese, who served in Ronald Reagan’s administration as attorney general, in his argument against the Miranda warning. “The thing is,” Meese said, “you don’t have many suspects who are innocent of a crime. That’s contradictory. If a person is innocent of a crime, then he is not a suspect.” There is no doubt that until recently, many women’s claims of sexual assault were reflexively and widely disregarded—or that many still are in some quarters. (One need look no further than the many derogatory responses received by the women who came forward last year to accuse then-candidate Donald Trump of sexual violations.) Action to redress that problem was—and is—fully warranted. But many of the remedies that have been pushed on campus in recent years are unjust to men, infantilize women, and ultimately undermine the legitimacy of the fight against sexual violence. Severe restrictions were placed on the ability of the accused to question the account of the accuser, in order to prevent intimidation or trauma. Eventually the administration praised a “single investigator” model, whereby the school appoints a staff member to act as detective, prosecutor, judge, and jury. The letter defined sexual violence requiring university investigation broadly to include “rape, sexual assault, sexual battery, and sexual coercion,” with no definitions provided. It also characterized sexually harassing behavior as “any unwelcome conduct of a sexual nature,” including remarks. Schools were told to investigate any reports of possible sexual misconduct, including those that came from a third party and those in which the alleged victim refused to cooperate. (Paradoxically, they were also told to defer to alleged victims’ wishes, creating no small amount of confusion among administrators.)"
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