Sometimes in life, we may experience an event or circumstance where we are accused of something that didn’t happen, or we were not responsible for but cannot seem to shrug the allegation. All too many times we hastily read a splash headline where someone is charged with something and naturally our perception and sensation rush to judge just because there is something reportable. Either way we are either consumed by noise or the noise consumes us.
What we fail to realize is that partaking the sensationalistic and judgemental journey is no different than a sidelined lynch mob forming judge, jury, and executioner well before any established facts are assimilated. Regardless of narrative we either enjoy watching power being used in hopes for good or are overpowered in an attempt to recover the good from within ourselves. Often when we discover that truths are twisted or false allegations are discovered an immediate reaction is to become angry for a swift moment at the accusor but briefly feel remorse for the accused adding “I bet he/she learned a lesson.” But we as the observers learned absollytely nothing only to put unnecceary energy into the next upcoming news allegation.
The recent highlighting of sexual assault or sexual allegations has become so weaponized that despite all the warnings from high profiled cases as the Duke Lacrosse scandal didn’t teach or instill any valuable lessons learned that people, in fact, lie or misrepresent circumstances. Today, truth, reality, evidence, and motive have been significantly replaced by dishonesty, fabrication, concealment, and agenda. Why would people lie is perhaps that first plausible argument? A supporting fact is selling and technique. A salesperson may bend, adulterate, or skew the truth about something to convince and persuade others to rid of a problem or product. After all, corporatism is an integral part of our American DNA. While ethos, value or other attributes may be instilled upon all of us, we do have a nasty habit of cutting ethical corners where lies, deception, and opportunity become opportune weapons tucked away in our arsenal despite how insignificant it may appear to self or others. A common mantra for some is “just don’t get caught!” That alone can be a double edged sword or a unique double entendre.
A majority of individuals on sex offender registries or incarcerated are there because of plea deals created and expedited by a legal system with its own politicized agenda. This is not to imply that every person on the registry or incarcerated is innocent. What it does suggest is based on two stages. The first is the state possibly reduced a criminal charge for convenience to a judicial system without actually reflecting the merits of the crime. If it is convenience to the legal system then why not allow prayer for judgements as an alternative? Perhaps a reason is the legal system doesn’t make money from dismissals or set aside cases. Second, most sexually based offender crimes are either technologically related or he said-she said disagreement with a developmental phase towards the creation of violative standards. What that means, is interpretation instead of facts are introduced with the baggage of emotion, tissues of lies, and a hunch of what occurred. Examples could be where people arrested for possession of child pornography are deemed equal or similar to those that create and promote it. It brings to mind drug dealers versus drug users. Both are treated in the eyes of justice as criminals yet we rarely witness the prosecution or pursuit of drug lords or manufacturers. Why? Because of our clinging to the corporatism model that we disrupt one business opportunity to shift towards a newer and vastly improved business model much harder to pursue and capture. Therefore, law enforcement will continue to seek the little man because it creates an opportunity to rush judgment to hopefully develop a credible case and argument.
The recent barrage of sexual assault claims and allegations do nothing more than demonstrate how disproportionate the powerful are over the unknown. If this had been Joe Spacey and Mark Rapp from Anywhere, USA there would be a formal criminal investigation because little or no power is utilized. Anthony Rapp waited thirty years to come forward however allegedly told his friends and others about the encounter. Rapp is not sharing a story. Instead, he created a situation by using his status as power. This is no different from others that commit sexual assault and their quest for power or dominance; should that be the motive. Using a dangerous platform such as social media and networks to share a story rather than a professional therapist, doctor, or legal counsel is not a conversation. It is merely an attempt to seek power and reinforcement of control by others. Rapp seems to lose his credibility when he says he was the last person at the party watching TV in Spacey’s bedroom. I find it highly suspicious where any 14-year old seeks to spend time at a party by watching TV alone in a strangers bedroom. I am unsure what excuse Rapp told his parents about his whereabouts? However, I am sure there is another trail of lies and deception. Similar to the trick Rapp initiated by these almost seemingly “fresh” allegations.
There will always be a sexualized charged pop culture. The hordes of girls (and guys) waiting backstage at rock concerts of the past were almost a rite of passage. Band members, groupies, and stagehands were all equal participants in the sex scene. It still happens today. Data supports evidence that sexual curiosities are often peaked at events where high profile or famous people are. However, Hollywood is the first of a tumbling wall of skeletons in the closet and other entertainment or popularity based headliners will eventually be mentioned, accused, or investigated. What we are witnessing today is an adulteration or adaptation of the facts of past culture versus current culture allowing power and influence based on new policy or regulation. Kevin Spacey and others that perhaps made poor choices years ago are on public media trial today because others want or desire to abuse power based on their celebrity status or introductory profile. Surely others will throw their own spin of accusations with minor infraction but create major implications. However, the modern oligarchist society wants to identify behaviors from the past to rectify in the present based on power creating a false majority. If Rapp had a drunken man perform the same actions at an NYC subway station would the situation be immediately reported or thirty years later? Again, its nothing more than constructive abuse of power and a rush to absolute judgment. Our rush to judgment, especially about a past incident where no physical, sexual contact took place has become nothing more than the modern day Salem Trials where any form of mistake or interpretation endures no forgiveness or apologetic closure. If this had been nobody we had heard of then the story would have been shut down well before it began.
Sexual assault, rape culture, and other sexually driven motives should be a conversation on how to move forward. If there is a criminal element, then naturally there is a course to deal with that particular set of conditions. Instead, the conversation has turned into gang warfare tactics and hatred where only one side is doing all the yelling and finger-pointing. At what point do we return to the conversation which becomes an educational tool for all? As long as social media and unqualified social justice warriors shift the conversation to a single platform based on power, then free societies will become a presumption of guilt until proven innocent. Lives can quickly be destroyed at a whim of allegation or misinterpretation of the facts. That is not freedom and fails to follow in the footsteps of our ideals of “justice for all” standards. Let’s return to the discussion without the name calling. Let’s fix and discover ways to heal and educate everyone fairly and openly.
If you ever attended a college or university, you may have heard of student conduct or an office at the college that regulates conduct and conflict resolution. These organizations became a part of the school to mainly deal with arguments in housing, cheating in the classroom and to help reduce underage binge drinking. Over time student conduct offices have morphed into a significant oversight from criminal charges to mental health regulatory affairs. This is where I think there should be a line drawn for such organizations like campus student conduct.
The first problem is Title IX. Title IX is a comprehensive federal law that prohibits discrimination by sex in any federally funded education program or activity. But like any good law, there is flaws and room for critical error. Title IX allows any student to bypass law enforcement authorities to bring a claim of sexual assault to student conduct. This means that law enforcement is completely out of the picture with no investigation either in process and evidence is not professionally captured or preserved. Instead the Respondent or accused must appear before a student conduct committee, usually run by students, with no lawyers present to defend his/her accusations. This is like somewhat like calling you boss at work to claim that you were sexually assaulted at your desk. The boss will immediately inform the police, human resources, corporate security and other agencies to secure a potential crime scene. Most disturbing about campus student conduct boards is that due process is completely thrown out the window. If the board “believes” the story of the accuser then that’s all it takes to expel a student. That’s right folks, you will have an expelled labeled “sex offender” on campus that is not a sex offender because police were never called or informed about the situation. Another disturbing fact is that if the accuser loses his/her case before student conduct, then they under Title IX be charged with filing a false report. There is a small clause in the title that prohibits this because there no police report was filed. It is an internal matter controlled by inexperienced faculty with no training in law or law certified to practice in a capacity of an administrative judge.
All I can think about is the Rolling Stone article about Virginia Tech or the Duke Lacross scandal. In each of these scenarios, lives were destroyed because student conduct initially took the lead and police were either not called, or police botched the crime scene because the campus stood in the way of a proper criminal investigation. While Title IX is essential to the protections of fairness, it lacks balance when it comes to sexual violence claims. Instead, universities should immediately engage professional law enforcement authorities at the first indication of sexual assault. A band of self-appointed academics that label themselves as the morality police of student conduct should not be engaged in any serious criminal allegations.
I have no problems with student conduct providing life examples of proper social conduct on campus. But student conduct should not be involved in slapping wrists over illegal drug activity on campus while people not enrolled or living on campus experience the heavy hand of the law and police. It is nothing more than a double standard of protections and provides a level of inequality and prejudice. Student conduct should only be involved in conflict negotiations, academic cheating, and concern notifications. Student conduct should not be in the business of determining what is criminal versus its ability to pick and choose what it deems it can handle. This opens up universities to massive liabilities and loses the credibility of overall safety and the spirit of the effective due process. A campus cannot be judge, jury, and executioner. But as long as student conduct remains, then that is what it will continue to be.