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Harvard Law Prof Shows How Schools Are Circling The Orwell/Kafka Drain

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A recent article by Harvard law professor Janet Halley on the Harvard Law Review's forum (aka: blog) contains a whopper of a story:

I recently assisted a young man who was subjected by administrators at his small liberal arts university in Oregon to a month-long investigation into all his campus relationships, seeking information about his possible sexual misconduct in them (an immense invasion of his and his friends’ privacy), and who was ordered to stay away from a fellow student (cutting him off from his housing, his campus job, and educational opportunity) — all because he reminded her of the man who had raped her months before and thousands of miles away. He was found to be completely innocent of any sexual misconduct and was informed of the basis of the complaint against him only by accident and off-hand. But the stay-away order remained in place, and was so broadly drawn up that he was at constant risk of violating it and coming under discipline for that.

Now we do have take such stories with a grain of salt. Halley doesn't say that she's independently verified his story and students are prone to misinterpreting everything. There's also been plenty of stories involving rape that are devoid of credibility, like the UVA story run in Rolling Stone or Lena Dunham's attack by the "campus Republican." But, if Halley's assertions are correct, this creates a dangerous new precedent. On college campuses you might be punished (and losing your job, your home, and not being able to attend classes is a pretty serious punishment) just for reminding someone of a rapist. This is truly bizzarro territory.

But wait! It gets worse! Last year down the coast at Occidental College, sociology professor Danielle Dirks who helped found the school's Sexual Assault Coalition (that's an anti- group, not a pro- group, btw), created a profile for likely rapists when trying to convince a female student to accuse another of rape. According to Professor Dirks, "[John Doe] fits the profile of other rapists on campus in that he had a high GPA in high school, was his class valedictorian, was on [a sports] team, and was from a good family."

If you can be kicked off campus for reminding a student of a particular rapist (who isn't you), then it doesn't seem like much of a stretch to kick someone off campus for reminding them of rapists generally. After all if we believe that 1 in 4 college women will be raped, it's basically a guarantee that someone on campus will have been raped by someone who meets the profile. And what are we going to do, ask women to come forward and declare that they're being triggered? That runs the risk of re-traumatizing a victim.

Just look at the reactions to the sleepwalker statue at Wellesley. Students made complaints saying the statue of paunchy, pale, sleep walking man in ill-fitting white briefs was "a source of apprehension, fear, and triggering thoughts regarding sexual assault for some members of our campus community. Another student said "I know people who have had triggering responses to the statue. The statue was put in a public place without students’ consent.” No one there (at least no one who talked to the major press outlets) claimed that they themselves were actually triggered, or that the statue reminded them of a real rapist in their past. No, they wanted it removed just because it could potentially cause triggering thoughts in some hypothetical students' minds. That student wouldn't even need to have ever been a victim because even non-victims can have upsetting thoughts about sexual assault.

 

Now just imagine what would happen if we got this whole brain trust together. We're going to kick you off campus is seeing you causes someone to have some bad thoughts about sexual assault, and all that's required to trigger isn't even that you be smart, athletic, and come from a good family. Nope, the criteria would basically be what we're going to call the Miss Swan rule, "He look like a man."

Now that might sound like a bunch of conspiracy theory, slippery slope nonsense. But, universities have been letting Title IX administrators take over campus judicial proceedings (just imagine if someone from the OCR got to sit as a judge in a trial), and worse, many are switching to the Single-Investigator model, under which a lone inquisitor plays detective, prosecutor, judge and jury, free to keep the evidence and their reasoning to themselves. This is the model being pushed for by the White House's Campus Sexual Assault Task Force. Schools can be found in violation of Title IX if they are found to have a dangerous or hostile environment for women which interferes with their education, thus denying them equal access.

Crazy as it sounds, the rules are all basically in place to let universities spiral down the Orwell/Kafka drain. All it really requires is an absurd recommendation from the Department of Education about how to interpret the law. At least we can take comfort in known they'll never do exactly that.


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