WILL Presumption of Innocence Be The Next To Fall?
Pennsylvania Attorney General Josh Shapiro, led a multistate coalition of 19 Attorneys General in submitting a formal, legal comment letter to Secretary Betsy DeVos and the DoED, ‘calling on federal officials to withdraw a proposed rule that would undermine the anti-discrimination protections of Title IX of the Education Amendments Act of 1972, and weaken protections against sexual harassment and violence for students. The proposed rule would impose new requirements on schools and students that would be a significant departure from the fundamental purpose of Title IX and the Education Department’s longstanding Title IX guidance, and leave campuses less safe.’ That the new rules would be a “significant departure” was pretty much the point. The thrust of their arguments coming from AGs isn’t merely childish, but disconcerting. The AGs are arguing that due process is an evil that should be eliminated on campus because it makes woman “unsafe.” They are arguing against the value of due process, fundamental fairness for the accused male student. There is also an argument rarely seen, and never by an attorney general. -There should be no presumption of innocence.- They are arguing that an accused male student shouldn’t be presumed innocent of rape before the burden of proof, whatever that might be, is sustained. Just as due process has been vilified in this process to assure the men lose, the presumption of innocence is now the target of the AGs’ rhetoric.
simplejustice.us By Scott H. Greenfield
