Dienstag, Juli 14, 2015

Kalifornisches Gericht: Schauprozess an US-Uni unfair

Judge Joel M. Pressman deemed a University of California-San Diego campus hearing "unfair," ruling that the hearing panel limited the accused student's right to due process.

(...) Beyond the unfairness of John's hearing, Pressman lambasted the university for continuously increasing John's punishment without any explanation. Upon the finding of responsibility, John was first sanctioned to a one-month suspension and required to attend sexual harassment training and counseling. He was also told never to contact Jane again, "due to the potential for ongoing harm to the complaining witness."

After John appealed the ruling, his sanctions were increased to a one-year suspension (meaning he would have to reapply to the university), put on non-academic probation and required to attend ethics workshops – on top of the original sanctions.

When John appealed that decision, his sanctions were increased yet again to a one-year-and-one-quarter-suspension. None of the additional sanctions were given any explanation.

(...) John Doe's attorney, Mark Hathaway, released a statement following the judge's ruling late last week.

"It's encouraging to see courts recognizing that sexual misconduct complaints on campus cannot be resolved at the expense of Constitutional rights and fundamental fairness," Hathaway wrote. "Colleges and universities must treat all student's fairly, regardless of gender. All too often the male student is just presumed responsible and given no access to any campus resources. Hopefully Judge Pressman's ruling today will help correct the imbalance."

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