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Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 11:38 am
by Mickey_Rat15
https://reason.com/2022/09/15/biden-gut ... e#comments

"College students investigated for sexual harassment or assault will once again be stripped of due process, thanks to new regulations released by the U.S. Department of Education in June.

The new rules, which apply to investigations under Title IX, part of a federal law that prohibits sex discrimination in education, rescind rules crafted and implemented by former Education Secretary Betsy DeVos during the Trump administration. They mark the return of the "single investigator model," which empowers a single college administrator to investigate, judge, and sanction alleged misconduct.

The Biden administration regulations also require schools to apply a "preponderance of the evidence" standard when investigating complaints. Under that standard, investigators must find an accused student guilty if they conclude it is more than 50 percent likely that the allegations are true. Under the DeVos regulations, by contrast, universities needed "clear and convincing evidence" to punish an accused student.

Under the new regulations, Title IX investigators can deny students access to the evidence against them. They are required only to give accused students a "description of the relevant evidence." That description can be given "orally," meaning accused students are not entitled to review testimony, transcripts, or other records used to determine their guilt. The new rules also allow schools to deny accused students a live hearing and the opportunity to question their accusers."

https://www.youtube.com/watch?v=JEtl2X6mBmQ

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 12:32 pm
by TGLS
Maybe if it was allegedly so important the Republicans ought to have passed an act of congress and not just executive fiat.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 1:09 pm
by Mickey_Rat15
TGLS wrote: Thu Sep 15, 2022 12:32 pm Maybe if it was allegedly so important the Republicans ought to have passed an act of congress and not just executive fiat.
Maybe. Although the GOP order was overturning Obama Admin executive fiat. The question remains, is the Biden order objectively wrong and illiberal? I submit that it is.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 1:35 pm
by clearspira
You'll miss innocent until proven guilty when it's gone. Especially men.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 2:19 pm
by TGLS
Mickey_Rat15 wrote: Thu Sep 15, 2022 1:09 pm
TGLS wrote: Thu Sep 15, 2022 12:32 pm Maybe if it was allegedly so important the Republicans ought to have passed an act of congress and not just executive fiat.
Maybe. Although the GOP order was overturning Obama Admin executive fiat. The question remains, is the Biden order objectively wrong and illiberal? I submit that it is.
And the Obama administration fiat was guidance and not mandatory, unlike how the Trump administration rule apparently had the force of law behind it.

Given that the policy guidance was issued of publicized failures and lawsuits relating to mishandling of sexual harassment by university administration, issuing guidelines seems necessary. Issuing rules; not so much.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 10:09 pm
by Frustration
What we need is a Constitutional Amendment putting strict limits on the breadth and power of Executive Orders. This isn't a Democrat or Republican thing, everyone has shown themselves to be perfectly willing to abuse the existing system, and everyone must be punished.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 10:33 pm
by Draco Dracul
Frustration wrote: Thu Sep 15, 2022 10:09 pm What we need is a Constitutional Amendment putting strict limits on the breadth and power of Executive Orders. This isn't a Democrat or Republican thing, everyone has shown themselves to be perfectly willing to abuse the existing system, and everyone must be punished.
Executive and judicial overreach are the direct result of congressional disfunction. The only way to fix that is to both end gerrymandering and make votes of confidence that dissolve the government if they fail to pass.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 11:04 pm
by Frustration
There will never be an end to gerrymandering because there is no objective way to establish districts and any system of generating boundaries will happen to benefit someone.

The ultimate problem is that the American people are incapable of restraining their government as the system assumes they will do.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Thu Sep 15, 2022 11:07 pm
by Draco Dracul
Frustration wrote: Thu Sep 15, 2022 11:04 pm There will never be an end to gerrymandering because there is no objective way to establish districts and any system of generating boundaries will happen to benefit someone.
So you rip it out by the root and do proportional voting.

Re: Biden Administration Imposes Cardassian Style Justice

Posted: Fri Sep 16, 2022 2:17 am
by Thebestoftherest
clearspira wrote: Thu Sep 15, 2022 1:35 pm You'll miss innocent until proven guilty when it's gone. Especially men.
The first sentence works by itself, the second one doesn't help as much as you think.