Monday, April 25, 2011

One more thing on what some politicians want

on campus: "You're accused, so we consider you guilty. Screw your rights."
The SaVE Act's assumption that untested accounts of victimization are accurate and true is also evident in the procedures schools must adopt upon receiving reports of violent offenses. The self-identified victim (who is nowhere in the bill accurately described as an "alleged victim") must receive an explanation of his or her rights, information regarding counseling and the assistance of victims' advocates, and options for changing residence or class schedules. What's objectionable about these provisions? They provide alleged victims with rights to information and assistance that may not be provided to their alleged assailants. The SaVE Act does not require school officials to extend similar consideration to students accused of serious misconduct -- perhaps wrongly. Schools may choose not to inform accused students of their rights (of course they have relatively few) or to advise them about counseling or schedule and residency change options.

Violence prevention programs mandated by the SaVE Act are almost as worrying as the mandatory disciplinary proceedings. Schools must conduct prevention and awareness programs for all new students and employees. In addition to providing relatively objective information about reporting, protective measures, and disciplinary procedures, administrators must lay down the law on highly subjective matters, like "the elements of healthy relationships" and "bystander intervention" -- the "safe and positive options" open to someone who perceives a risk of violence or stalking.
And the ACLU? Right now basking in the glow of defending the mosque protester?
Where does the ACLU stand on the SaVE Act? So far I've received no response to my query about the organization's position on this bill or my invitation to comment on it. Given the ACLU's image as a vigilant and comprehensive defender of civil liberty, its silence on legislation like this translates into tacit support, especially in light of its explicit support for the Obama Administration's similarly flawed sexual harassment guidelines for schools. Once the ACLU vigorously opposed anti-harassment or anti violence measures that gratuitously restricted basic liberties; these days it's apt to ignore or support them. I mention this not for the sake of berating the ACLU (a pointless exercise) but to underscore the need for other civil liberties advocates -- especially liberal civil liberties advocates -- to step up where the ACLU has stepped back.
Let it be noted that the primary victims of this mess are males; you think any school will actually want to treat a female offender the way they would a male? But since it's screwing men out of their lives, these clowns consider it ok, it would seem.

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