Saturday, September 12, 2015

Colleges Don’t Need More Sex-Assault Legislation Including a Scarlet Letter [Prominent Notation] Marking Their College Transcripts, Forever!

That every employer for the next 50 years will read

More on Recent AND Absurd College Sexual Assault Proposals: 

Glenn Reynolds: A war on college men, September 14, 2015
Jared Polis’ idea to deprive college men of due process highlights toxic campus culture of discrimination against men.

Rep. Jared Polis Thinks Colleges Should Be Able to Expel Students When They're Only 20% Sure a Rape Happened, September 10, 2015
In a follow-up interview with Reason, Polis explains why he wants to let colleges expel innocent men.  includes a link to Polis’ House hearing comments at the bottom of the page 

Better that five innocent students get expelled than one guilty student stay enrolled, September 11, 2015

The biggest problem with Rep. Jared Polis' sex assault comments, September 11, 2015

Campus sexual assault hearing applauds witch-hunt mentality, September 10, 2015

Plus this story on Virginia!: 

Will Virginia’s new sexual assault laws prevent future attacks? September 9, 2015
Virginia officials hope a new ‘law enforcement approach’ will help curb campus sexual assault

Original Post:

Just a reminder to readers, in May or June (depending on which article you read) Virginia became the FIRST state with SB1193 (HB1888 failed) to add “a prominent notation” to student’s official transcripts because of a sexual assault claim against them if they are suspended , permanently dismissal, or they withdraw from institution during the investigation. The final version applies to a limited range of violent sexual offenses, and the notation is only required to say that the student violated the school's code of conduct, BUT Colleges are free to add more detail if they wish, and you know they will! The “notation” remains on the transcript UNLESS the student is “exonerated” of the allegation; well we all know that is usually an impossible feat so in the end 99% of sexual allegations will become part of a student’s permanent record.  

There were many other Campus Sexual Assault Bills at this year's session plus the Governor’s Taskforces recommendations. 

Today I found the below article, it’s a bit late to post but it speak volumes against Virginia’s “prominent notation” law. 

Mary Devoy 

We’ve defended lots of campus sexual assault cases, so we know just how unfair they are, July 24, 2015
By Justin Dillon and Matt Kaiser

After reading about attempts to regulate how college campuses handle suspected sexual assault cases, Justin Dillon and Matt Kaiser, partners at Kaiser, LeGrand & Dillon PLLC in Washington, D.C., who have worked on such cases, responded with their opinion: 

If the government wants to give someone a speeding ticket, the hearing a person deserves is not as extensive as if the government wants to give that person life in prison. That should be uncontroversial – the harsher the punishment, the more extensive you want the process to be.

This principle is rarely applied in the world of campus sexual assault. And it’s fully on display in the recent move by some jurisdictions to require that a finding that a student committed a sexual assault stay on that student’s transcript permanently. 

In the 2015 legislative year, as The Washington Post reported, 26 states – and now the District of Columbia – are considering laws addressing campus sexual assault. 

Among others, the District of Columbia’s version includes a “scarlet letter” provision. These laws would require colleges and universities to brand the transcripts of any student convicted of sexual misconduct with a note saying the student committed a sexual assault. The transcript note could never be removed.