April 4th 2011 Directive "Dear Colleague" is unconstitutional

Started by Pacman7331, Apr 14, 2013, 12:28 PM

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Pacman7331

Unconstitutional.

Read 6th amendment.

https://en.wikipedia.org/wiki/Confrontation_Clause

Dear Colleague, prohibits cross-examination of the accuser.

mens_issues

And the name of the letter "Dear Colleague" is vague and misleading about the content of the letter.
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Iron John

I can't wait until a college ends up bankrupt because of a lawsuit from one of male students they screw over with this insane crap.

dr e


I can't wait until a college ends up bankrupt because of a lawsuit from one of male students they screw over with this insane crap.


I would love to see that.  LOVE.  So overdue.
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Galt


Unconstitutional.

Read 6th amendment.

https://en.wikipedia.org/wiki/Confrontation_Clause

Dear Colleague, prohibits cross-examination of the accuser.


The 6th Amendment applies to criminal cases (where you can be deprived of your liberty), but as far as I know (and I don't know much about it), the "Dear Colleague" letter only applies to administrative stuff at a university. They can kick a guy out of school, but they can't put him in the slammer.

neoteny

It looks like the answer is "it depends". State universities have to provide due process even in non-criminal cases ("life, liberty and property"), but private universities -- to the extent they aren't agents of the state -- do not, except if they explicitly -- i.e. contractually -- promise due process to their students.

Once the student's due process rights are established, then the legal haggling over what exactly included in that rubric can start.
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Pacman7331


It looks like the answer is "it depends". State universities have to provide due process even in non-criminal cases ("life, liberty and property"), but private universities -- to the extent they aren't agents of the state -- do not, except if they explicitly -- i.e. contractually -- promise due process to their students.

Once the student's due process rights are established, then the legal haggling over what exactly included in that rubric can start.



Yep it's a jurisdiction issue. The government can pass as many unconstitutional laws it wants until you assert that they are null and void to the supreme law on the land. Until you do that, you will be screwed and we have been because we consent. It's a matter of knowing the law and your rights and legal processes and having the will to fight.

Private as well as government institutions can be sued for civil rights violations and held liable for damages.

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