America’s Failed Obsession With Sexual Assault

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.

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Student Conduct is Dangerous

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.

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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.

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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.