◼ The Nanny-State Gone Wild. - Le-gal In-sur-rec-tion
The bill holds hostage funding for colleges and universities unless “the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking…”
That policy is strictly defined within the bill, and mandates new, uniform procedures for the reporting, counseling, and investigation of alleged sexual misconduct on campus.
The terminology used in the bill itself is vague to the point that it endangers the rights of the accused, and the dignity of the accuser....
Coupled with the campus “kangaroo court” system currently in place at so many American universities — including California — this bill is a recipe for disaster.
Real talk: sex happens. Drunk, sloppy, reckless sex happens on college campuses and there’s not a bill in the world that can eliminate the oft-depressing reality of “the morning after.”
This bill not only assumes a drunk male is guilty of assault, but assumes a drunk female is incapable of consenting to sex, and does not define what it means to be “incapacitated.”
Now, by law, in a situation where a substantial amount of alcohol is involved, consent cannot exist, the aggressor is by default a rapist, and an even-willing partner is by default a victim.
It’s insulting.
Not surprisingly, throughout the entirety of the bill, there is not one provision dedicated to ensuring the preservation of the rights of the accused.
