[CTcard]

I think we all can agree using America's criminal justice system to prosecute campus-based sexual assaults is not the best way to permanently reduce violence against women.

Actually I think it might be. 

I think it might be as well; at least the punishment part of dealing with, and thus presumably reducing, violence against women.

The Title IX alternative of having universities run a parallel justice system is running into lots of problems. Universities don't have judges, lawyers, expert, or the legal status for running such a system. It's costing beaucoup bucks and seems to be leading to a ton of bad situations and lawsuits. 

There are some counter-arguments I am sympathetic towards, but in practice I don't think those win out.

There is a lot of posting about how Stanford is negligent with out making it clear what Stanford does and does not do today. That information would make it a lot easier to think about and judge Stanford's positions on these issues.

Stanford will probably be sued for negligence, but their positions are pretty clear.  Even if they enforced a dry campus (see again USNA - totally dry on paper, but problems still happen), how could they limit their liability. At some point this assault was prosecuted by the appropriate jurisdiction - Santa Clara County. Is Stanford liable for bicycles stolen while on campus?

Generally, Stanford is required to investigate and adjudicate charges of sexual harassment, sexual assault, and rape by it's students. In many cases, it doesn't even matter if the incident took place off campus. Or at least that is the interpretation of the US Department of Education and it's directive to universities. Thus these are not the same as stolen bicycles.

It is possible that in this case Stanford won't be sued ... well, actually it probably will be sued but it is not clear to me whether Stanford has the same Title IX obligations in this case since the victim is not (and was not) a Stanford student. As far as I can tell from the now famous Dear Colleague Letter from the Dept of Education, non-students are not mentioned.

http://www2.ed.gov/about/offices/list/oc...201104.pdf

[CTcard]

I think we all can agree using America's criminal justice system to prosecute campus-based sexual assaults is not the best way to permanently reduce violence against women.

Actually I think it might be. 

I think it might be as well; at least the punishment part of dealing with, and thus presumably reducing, violence against women.

The Title IX alternative of having universities run a parallel justice system is running into lots of problems. Universities don't have judges, lawyers, expert, or the legal status for running such a system. It's costing beaucoup bucks and seems to be leading to a ton of bad situations and lawsuits. 

There are some counter-arguments I am sympathetic towards, but in practice I don't think those win out.

There is a lot of posting about how Stanford is negligent with out making it clear what Stanford does and does not do today. That information would make it a lot easier to think about and judge Stanford's positions on these issues.

Stanford will probably be sued for negligence, but their positions are pretty clear.  Even if they enforced a dry campus (see again USNA - totally dry on paper, but problems still happen), how could they limit their liability. At some point this assault was prosecuted by the appropriate jurisdiction - Santa Clara County. Is Stanford liable for bicycles stolen while on campus?

Generally, Stanford is required to investigate and adjudicate charges of sexual harassment, sexual assault, and rape by it's students. In many cases, it doesn't even matter if the incident took place off campus. Or at least that is the interpretation of the US Department of Education and it's directive to universities. Thus these are not the same as stolen bicycles.

It is possible that in this case Stanford won't be sued ... well, actually it probably will be sued but it is not clear to me whether Stanford has the same Title IX obligations in this case since the victim is not (and was not) a Stanford student. As far as I can tell from the now famous Dear Colleague Letter from the Dept of Education, non-students are not mentioned.

http://www2.ed.gov/about/offices/list/oc...201104.pdf