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What's Dartmouth's Real Attitude about Due Process?
Last week, the University of Virginia in light of the 2011 āDear Colleagueā letter from the Department of Educationās Office for Civil Rights. (Executive summary: Everyoneās still confused about it.) Inside Higher Edās Allie Grasgreen , and her report included a mightily interesting exchange involving Amanda Childress, who is the coordinator of the Sexual Assault Awareness Program at Dartmouth College:
"Why could we not expel a student based on an allegation?" Childress asked at the panel, before noting that while 2 to 8 percent of accusations are unfounded (but not necessarily intentionally false), 90 to 95 percent are unreported, committed by repeat offenders, and intentional. "It seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege."
"If we know that a person is reasonably a threat to our community," Childress said, "why are we not removing them and protecting the safety of our students?"
As you can imagine, the idea that maybe we should just go ahead and expel students and brand them as rapists based on allegations rather than, say, evidence, raised a few eyebrows at Āé¶¹“«Ć½IOS. (Bloggers and noticed it too.) What made this really interesting rather than simply a depressing confirmation of administrative attitudes towards due process, though, is Dartmouthās āexplanationā of Childressā remarks to :
However, Dartmouth says that Childress, who plays no role in the judiciary process, was speaking rhetorically and that the question did not represent a personal belief.
"[S]he was not suggesting policy, but was asking a questionāa provocative oneāmeant to generate dialogue around complex issues for which answers are necessary to continue to strengthen and promote fair and equitable processes at all colleges and universities,ā Dartmouth College spokesman Justin Anderson told Campus Reform in an emailed statement.
Anderson said that the college āis committed to a fair, objective disciplinary process that respects the rights of both the reporting student and the accused,ā and has no intention of altering its policies.
Yes, Childressā statement was in part a question, but Dartmouthās statement pretty clumsily elides over the part of the āquestionā in which Childress says, āIt seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege.ā (At Dartmouth, this āprivilegeā , $0 of which you get back when youāre expelled from the place simply because someone accused you of something.) Dartmouthās suggestion that this question was not a reflection of Childressā opinions about due process doesnāt pass the laugh test. Dartmouth obviously hopes nobody will compare Childressā actual āquestionā with Dartmouthās lame attempt at CYA; attorneys representing students expelled from Dartmouth in the future might be interested in the implications of Childressā statement.
The plus side of Dartmouthās response is that at least the college must be a little embarrassed by Childress, right? Well, maybe. But right before Childress made her statement at the UVA conference, Dartmouth , appointing her head of the collegeās brand new sexual assault center. Looks like Amanda Childressā career is on the rise at Dartmouth. Letās just hope not too many students end up getting stepped on while she makes her way to the top.
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