Harvard supercharges the kangaroo court system

posted at 10:41 am on October 16, 2014 by Jazz Shaw

Yesterday we talked about California’s deep dive into sexual assault laws and the new legal definitions of interpersonal relationships which seem to be blurring the lines between our system of laws and unregulated, nonjudicial college review boards. Today, the focus swings back to the aforementioned kangaroo court system on our college campuses, specifically in the ivy covered halls of Harvard. They’ve set up a new raft of rules which essentially eliminate most normal rights for the accused. A number of legal scholars issued a letter in response excoriating the new system.

Harvard University officials caved in to federal officials in the face of funding threats and enacted a sexual misconduct policy that failed to respect the rights of the accused, claims a group of 28 current and former Harvard law professors.

The legal scholars voiced their frustration with the school’s new policy in a letter sent to The Boston Globe and published Tuesday night.

The Ivy League institution approved new measures to address sexual harassment and sexual assault in July. The policy went into effect this fall.

The new plan appears to lack even basic protections for the accused.

The preponderance of evidence standard provides a lower standard of proof for misconduct charges that was currently being used at Harvard’s 13 individual schools, The Globe reported…

“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation,” reads the professors’ complaint.

Specifically, the group lamented “the absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.”

Under the new policy, one central office is in charge of “investigation, prosecution, fact-finding, and appellate review.”

To paraphrase that, a single office of university bureaucrats is now acting as judge, jury, appellate court and executioner when it comes to allegations of sexual misconduct.

This is not being entirely generated in the Ivy League, though. As the letter flatly states, Harvard is exhibiting a fear reaction to implied threats from the federal government. They were listed as one of the colleges not doing enough to ensure that Title IX requirements are being met at the school, which is apparently the only legal pathway that Washington could find to stick their nose under this particular tent flap. The consequences for letting Uncle Sam down would be to lose federal education funding.

Of course, Harvard is sitting on an endowment estimated to be worth nearly $33 billion. (No… that wasn’t a typo. Their endowment is measure in the billions.)

It’s somewhat ironic that Harvard is also the host of what is still considered to be one of the premier law schools in the world. I wonder if they’ll be teaching any courses this year which discuss everything that’s wrong with their internal system of private justice?


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“It seemed like the right thing to do at the time”

Written on Harvard’s grave stone

Roy Rogers on October 16, 2014 at 10:45 AM

Social Justice isn’t Justice.

Justice has to be IMPARTIAL and not care about gender, race, age, or sexual orientation. In other words, the Left cannot tolerate justice.

ConstantineXI on October 16, 2014 at 10:46 AM

It’s somewhat ironic that Harvard is also the host of what is still considered to be one of the premier law schools in the world. I wonder if they’ll be teaching any courses this year which discuss everything that’s wrong with their internal system of private justice?

They will, but with a twist – their new model of private Just-Us will be touted as being the preferred model of public Just-Us in the ObamiNation.

Steve Eggleston on October 16, 2014 at 10:46 AM

Of course, Harvard is sitting on an endowment estimated to be worth nearly $33 billion. (No… that wasn’t a typo. Their endowment is measure in the billions.)

Which might cover 100 students’ tuition </sarcasm_half>

Steve Eggleston on October 16, 2014 at 10:48 AM

“It seemed like the right thing to do at the time”

Written on Harvard’s grave stone

Roy Rogers on October 16, 2014 at 10:45 AM

What should be on Harvard’s grave stone is

“We shouldn’t have given that affirmative action degree to Barack Obama”.

That Barack Obama has a Harvard degree is proof positive that they aren’t even a passable learning institution, and they certainly aren’t worth the exorbitant cost.

ConstantineXI on October 16, 2014 at 10:49 AM

Harvard’s New Motto –

Individual thinking will not be tolerated. Violators will be persecuted.

Oil Can on October 16, 2014 at 10:50 AM

They will, but with a twist – their new model of private Just-Us will be touted as being the preferred model of public Just-Us in the ObamiNation.

Steve Eggleston on October 16, 2014 at 10:46 AM

The Left can’t survive in an environment of impartial blind justice.

ConstantineXI on October 16, 2014 at 10:50 AM

Harvard’s New Motto –

Individual thinking will not be tolerated. Violators will be persecuted.

Oil Can on October 16, 2014 at 10:50 AM

The hippies Utopia always was a totalitarian government.

ConstantineXI on October 16, 2014 at 10:51 AM

It’s almost like the modern “university” is just an enclave of socialists and communists leeching off of the productive departments in science and engineering.

gwelf on October 16, 2014 at 10:53 AM

Social Justice isn’t Justice.

Justice has to be IMPARTIAL and not care about gender, race, age, or sexual orientation. In other words, the Left cannot tolerate justice.

ConstantineXI on October 16, 2014 at 10:46 AM

Social justice also isn’t justice because justice is grounded in specific wrongs committed by a specific person against someone else.

Social justice is about “injustice” between groups or classes of people. YOU didn’t do anything wrong but you’re a white/male/hetero so you’ve benefited unfairly from it and so the government and society have got to redistribute your “privilege”.

It’s pretty explicitly totalitarian.

gwelf on October 16, 2014 at 10:56 AM

With a $33,000,000,000 endowment, why does Harvard need any Federal education funding?

HornHiAceDeuce on October 16, 2014 at 10:58 AM

It’s somewhat ironic that Harvard is also the host of what is still considered to be one of the premier law schools in the world.

Sorry that ship struck an iceberg, capsized, broke in half, exploded and took all hands to the bottom the moment they let Captain Barack Obama on board.

dreadnought62 on October 16, 2014 at 10:58 AM

What Harvard is doing is OK because it will instill utter fear in men and this will benefit the children the girls women. I think Ezra Klein agrees.

Nomennovum on October 16, 2014 at 11:00 AM

Thanks to the miniaturization of recording devices no Harvard guy should ever be alone with a woman (or another man) without recording whatever transpires for protection.

darwin on October 16, 2014 at 11:01 AM

So much for the ‘intellectuals’ at Haaaavard.

GarandFan on October 16, 2014 at 11:03 AM

If you undermine the law in a nation of laws you open the door to lawlessness, when you’ve opened the door to lawlessness you can step in to restore order on your terms.

It is revolution from within the system and it’s worked it’s way up through the education system. Now that these kids are entering collage they have no other frame of reference other than government intrusion into every aspect of their lives. They won’t protest because for them it’s the way it’s always been. When they graduate they will bring those attitudes with them and vote for the only government they’ve ever known.

Gwillie on October 16, 2014 at 11:03 AM

With a $33,000,000,000 endowment, why does Harvard need any Federal education funding?

HornHiAceDeuce on October 16, 2014 at 10:58 AM

Because they can.

With an endowment that huge they should be able to offer an education at no charge and fund it with the interest alone…

ConstantineXI on October 16, 2014 at 11:05 AM

With a $33,000,000,000 endowment, why does Harvard need any Federal education funding?

HornHiAceDeuce on October 16, 2014 at 10:58 AM

So they can have a 40,000,000,000 endowment.

Gwillie on October 16, 2014 at 11:06 AM

It’s somewhat ironic that Harvard is also the host of what is still considered to be one of the premier law schools in the world. I wonder if they’ll be teaching any courses this year which discuss everything that’s wrong with their internal system of private justice?

I wonder what nonpartisan, Juris Doctor (Harvard Law grad) thinks of all of this.

NotCoach on October 16, 2014 at 11:06 AM

dreadnought62 on October 16, 2014 at 10:58 AM

damn…you beat me to it about Obama

Renee on October 16, 2014 at 11:06 AM

With a $33,000,000,000 endowment, why does Harvard need any Federal education funding?

HornHiAceDeuce on October 16, 2014 at 10:58 AM

The entire education system has been corrupted by governmental interference. With all students loans guaranteed by the government all universities race to see how high they can raise rates. Harvard isn’t concerned about Title IX, but about losing those precious loan guarantees.

NotCoach on October 16, 2014 at 11:08 AM

It’s somewhat ironic that Harvard is also the host of what is still considered to be one of the premier law schools in the world. I wonder if they’ll be teaching any courses this year which discuss everything that’s wrong with their internal system of private justice?

That’s the biggest takeaway. This is where candidates for the Supreme Court learn the trade. They learn the Lefty view of the law.

Interesting now to see a secular university being threatened with losing money over something political. Faith-based schools face the same issue, except it’s their accreditation that’s on the line; not usually money.

LancerDL on October 16, 2014 at 11:08 AM

Of course, Harvard is sitting on an endowment estimated to be worth nearly $33 billion. (No… that wasn’t a typo. Their endowment is measure in the billions.)

Which might cover 100 students’ tuition

Steve Eggleston on October 16, 2014 at 10:48 AM

Or maybe 2 lawsuits by students with ruined lives.

katy the mean old lady on October 16, 2014 at 11:09 AM

Thanks to the miniaturization of recording devices no Harvard guy should ever be alone with a woman (or another man) without recording whatever transpires for protection.

darwin on October 16, 2014 at 11:01 AM

I once worked for a company that had a strict policy against a lone male and a lone female together behind closed doors. If you were a guy, and a woman came into your office, the door was to remain open unless there was a window in the door. Even travel arrangements were such that a male could not take a flight with a female coworker. I was told that the secretary of the CEO kept a doorstop in her purse.

Suffice to say nobody ever got in that kind of trouble.

CurtZHP on October 16, 2014 at 11:09 AM

When they graduate they will bring those attitudes with them and vote for the only government they’ve ever known.

Gwillie on October 16, 2014 at 11:03 AM

Except this form of government goes completely against human nature. That’s why the left fails in every attempt to create utopia.

darwin on October 16, 2014 at 11:10 AM

Those 28 current and former law professors, also need to look at the kooky Critical Race Theory of there “esteemed” colleague Derrick Bell. It is up there with these laws.

Tater Salad on October 16, 2014 at 11:12 AM

Maybe O/T, maybe not:

The Houston City Council voted to allow people to use the bathroom for whichever gender they feel to be at the time. So, all you male perverts out there, if you “feel like a woman” someday, just go into the ladies’ room and molest whomever you want, and the law is on your side.

Fox News reported last night that there is a petition drive for a public referendum to have this rescinded, which has already received more than triple the required number of signatures. There’s still some common sense left in Houston.

Steve Z on October 16, 2014 at 11:13 AM

Except this form of government goes completely against human nature. That’s why the left fails in every attempt to create utopia.

darwin on October 16, 2014 at 11:10 AM

Utopia itself cannot happen because of human nature.

That is why the only Utopia can be the one God offers us as a reward for a good life.

ConstantineXI on October 16, 2014 at 11:13 AM

Title IX is un-Constitutional dogsh!t and needs to be repealed. However, we should practice the spirit of Title IX one last time and jail (without trial) all people who were involved in writing, supporting, passing and enforcing it. Clean sweep.

ThePrimordialOrderedPair on October 16, 2014 at 11:13 AM

Fox News reported last night that there is a petition drive for a public referendum to have this rescinded, which has already received more than triple the required number of signatures. There’s still some common sense left in Houston.

Steve Z on October 16, 2014 at 11:13 AM

Which won’t be on the ballot because the corrupt Mayor and “her” attorney refuse to admit that they received enough votes.

ConstantineXI on October 16, 2014 at 11:14 AM

They’re going to roo the day they set this up when the faculty gets caught up in spurious accusations.

Flange on October 16, 2014 at 11:14 AM

I have a son makes me question whether Harvard should be on that list. Not because of political correctness, but from self preservation. I wouldn’t want him in a situation where he could be implicated with no way to defend himself.

At this point I would say only women and gay men should consider attending Harvard.

Tater Salad on October 16, 2014 at 11:17 AM

Title IX is un-Constitutional dogsh!t and needs to be repealed. However, we should practice the spirit of Title IX one last time and jail (without trial) all people who were involved in writing, supporting, passing and enforcing it. Clean sweep.

ThePrimordialOrderedPair on October 16, 2014 at 11:13 AM

I’ve always wanted to see Title IX turned back onto it’s masters by forcing THEM to live by it.

Title IX was enacted basically for the purpose of destroying college sports. What if a school refused to have any kind of “gender” specific sports team?

ie: we have a “basketball team”, not a men’s OR women’s basketball team. Tryouts are on X, the best 12 make the team.

Needless to say not a single female would make any athletics team.

Only reason why this has never happened is that the college establishment is so leftist they would NEVER fight Title IX.

ConstantineXI on October 16, 2014 at 11:17 AM

They’re going to roo the day they set this up when the faculty gets caught up in spurious accusations.

Flange on October 16, 2014 at 11:14 AM

On the Animal Farm all animals are equal, but some animals are MORE equal.

ConstantineXI on October 16, 2014 at 11:18 AM

I have a son who is looking at Ivy League schools makes me question whether Harvard should be on that list. Not because of political correctness, but from self preservation. I wouldn’t want him in a situation where he could be implicated with no way to defend himself.

corrected

Tater Salad on October 16, 2014 at 11:19 AM

They’re going to roo the day they set this up when the faculty gets caught up in spurious accusations.

Flange on October 16, 2014 at 11:14 AM

On the Animal Farm all animals are equal, but some animals are MORE equal.

ConstantineXI on October 16, 2014 at 11:18 AM

Especially the roos.

CurtZHP on October 16, 2014 at 11:19 AM

They’re going to roo the day they set this up when the faculty gets caught up in spurious accusations.

Flange on October 16, 2014 at 11:14 AM

No they’re not. All talk of marsupials aside, they’ll probably use it to purge any lingering trace of conservative thought from their midst. And if a few of their flunkies get caught up in it, it’s not like they really care.

Fenris on October 16, 2014 at 11:21 AM

I will state this again…my kids both are attorney’s, from a small private school in the mid-west/south…

They have made a living off of Harvard and Yale graduates.

They laugh about following those “elite” attorneys and taking cases across from them, they are so inept. Of course they don’t but every Harvard or Yale or Ivy league thinks like a guy who collects baseball cards…they know everything about baseball, except how to play the game.

Yes, we all know the “high profile”, of course they attract the people who would eventually become “great”…but overall, average at best in applying the law in the court room.

Thank you Ivy league, of course you will come up with a kangaroo court, you have no idea what the “law” really means…

right2bright on October 16, 2014 at 11:25 AM

Fenris on October 16, 2014 at 11:21 AM

You’re probably right, but they are fostering an environment where liberals lash out. When some progressive loser doesn’t get their way, they’ll resort to the Harvard method and use false accusations to terrorize their “repressors”.

Flange on October 16, 2014 at 11:26 AM

Especially the roos.

CurtZHP on October 16, 2014 at 11:19 AM

You ever been in a Harvard Kangaroo court before, Joey?

Flange on October 16, 2014 at 11:27 AM

You ever been in a Harvard Kangaroo court before, Joey?

Flange on October 16, 2014 at 11:27 AM

No, but I imagine I’d rue the day, should it ever happen.

CurtZHP on October 16, 2014 at 11:29 AM

You ever been in a Harvard Kangaroo court before, Joey?

Flange on October 16, 2014 at 11:27 AM

Snort..

katy the mean old lady on October 16, 2014 at 11:30 AM

Flange on October 16, 2014 at 11:26 AM

Then it’ll be time to change the rules again. If this works out for several years, I can imagine them specifically prohibiting Christians from attending, or anyone who opposes the cause of the day.

Fenris on October 16, 2014 at 11:30 AM

I have a son who is looking at Ivy League schools makes me question whether Harvard should be on that list. Not because of political correctness, but from self preservation. I wouldn’t want him in a situation where he could be implicated with no way to defend himself.

This issue isn’t isolated to the Ivy colleges. But I’d cross the Ivies off my list in the first place because they clearly seem to be expensive BUT INFERIOR educational institutions. Barack Obama clearly didn’t work to earn a degree from City Community College judging by 6 years of examples of his “knowledge and expertise” but both Columbia AND Harvard granted him degrees. Which is an INDICTMENT of them as academic institutions. You should judge a school by the quality of it’s graduates.

As for the Rape Epidemic, first off, if I were attending school these days I’d avoid contact with coeds as much as possible, and certainly never in a non public setting.

But even THAT isn’t enough, the new law in California DENYING SEX to a female can also run afoul of the policy. Basically these policies are at their core anti-Male and unless they are dealt with on that basis there is no way to deal with them.

If I had graduated High School this year, the colleges I’d be looking at would be the private Christian ones (not faux Christian like Notre Dame and Georgetown but the ones that genuinely are still Christian) or one like Hillsdale. I would NOT be considering any public or Ivy school.

ConstantineXI on October 16, 2014 at 11:34 AM

If Ezra Klein’s reasoning makes sense, it should be applicable in other situations as well. Say some city has a major gang problem. It should be OK to accuse some gang members of a crime, deny them due process, convict them and throw them in jail on flimsy evidence, in order to “strike fear into the innocent“. I’m sure Klein would think this is an unjust solution, but on what grounds could he say it’s unjust in the one case but necessary in the other? Has anyone asked him that?

ajb3 on October 16, 2014 at 11:34 AM

Is that endowment subject to judgements?

That’s a pretty sweet prize.

jukin3 on October 16, 2014 at 11:40 AM

Time for a remake of Love Story. This time Jenny claims sexual misconduct on Oliver, takes him to the Harvard Kangaroo Court, sues him and his dad for all the Barrett fortune and then lives a fulfilled life with 7 additional female partners, each having been her soul mate!!

Deano1952 on October 16, 2014 at 11:43 AM

I don’t clearly understand why we need a new, private justice system. What’s wrong with using the public one we’ve been developing for 250 years? If an allegation is that serious, and the crimes are that wide-spread, where is the District Attorney?

Fred 2 on October 16, 2014 at 11:54 AM


The more Harvard educated people that get elected the further down
our country will sink in the values that made it great

HAGGS99 on October 16, 2014 at 11:57 AM

Or maybe 2 lawsuits by students with ruined lives.

katy the mean old lady on October 16, 2014 at 11:09 AM

That’s why they have insurance.

RickB on October 16, 2014 at 11:58 AM

It’s not just colleges and it’s just just replacing due process or legal liability. Sometimes it ADDS to the risk in a never ending gauntlet of legal risk and liability. Examples, other than colleges, would include prep and high schools, MLB, NCAA and other groups and associations with quasi-legal authority.

Example a college football player is accused of sexual assault or rape. The ordinary procedure would indictment and criminal trial. Not Guilty says the jury but, not so fast. Then a civil trial to sue for everything the player’s got. Not guilty says the jury. But mot so fast–the accuser was of a different race therefore he may have committed a “civil rights violation” and another criminal trial. Not guilty says the jury but, not so fast—an NCAA kangaroo court bars the player from playing and a college kangaroo court boots him out of school. And maybe, just maybe, the accuser was lying from the get-go.

MaiDee on October 16, 2014 at 12:23 PM

I don’t clearly understand why we need a new, private justice system. What’s wrong with using the public one we’ve been developing for 250 years?

Fred 2 on October 16, 2014 at 11:54 AM

It doesn’t cow men enough. Leftist goals stipulate that men must be afraid to do or say anything. They want men cowed to the point they won’t fight back against an abusive government.

darwin on October 16, 2014 at 12:33 PM

Harvard (and to a lesser extent, the rest of the Ivy League; even an acquaintance of mine who went to U Penn is ludicrously well-connected to politicians and media personalities, and he doesn’t seem to get that most of us don’t have those sorts of connections) is nothing but a Finishing School for the New Aristocracy, only serving the purpose of conditioning them to be comfortable with being unaccountable overlords, and the close vassals to such.

HikaruKitsune on October 16, 2014 at 1:08 PM

I’ve always said that the left wants to make sure they can punish the type of crimes they don’t like: “hate crimes” and “rape”. They want to make sure that you don’t get any of that silly coddling that they like to give those misunderstood youths who stabbed you 40 times and spilled your blood all over the alleyway or caved in your head with a lead pipe.

Once society is perfected, all those crimes go away. But they have trouble implementing their theory of “just teaching boys not to rape” perfection and so stuff has to be handled right here and now (and women must be given complete power over men) and they can’t have that due process crap that allows guys, who sleep with a girl who later laments how easily she put herself out there, to go as free as the guys who slit your neck and watched all the blood drain out of your body who must be protected from police who don’t cross their t-s.

Axeman on October 16, 2014 at 1:11 PM

Just keep your pants on kids, and eliminate a whole lot of heartache.

Akzed on October 16, 2014 at 2:35 PM

And hand over your sermons, too.

John the Libertarian on October 16, 2014 at 2:35 PM

Of course, Harvard is sitting on an endowment estimated to be worth nearly $33 billion. (No… that wasn’t a typo. Their endowment is measure in the billions.)

Which might cover 100 students’ tuition

Steve Eggleston on October 16, 2014 at 10:48 AM

Or maybe 2 lawsuits by students with ruined lives.

katy the mean old lady on October 16, 2014 at 11:09 AM

And this is why all of this will be short lived. Harvard wants to keep their endowment money – not start losing it in 7 digit chunks with every lawsuit filed against them.

But all is not lost – in Michigan (university of) I believe the withholding of sex is also noted as sexual harassment and an improper act. So now while I need to say yes every step of the way – if she gets me too riled up and says no, I can charge her with withholding sex – and get her thrown out of school instead.

Liberals are really dumb.

Zomcon JEM on October 16, 2014 at 2:36 PM