You wrote, “The parties are given the report, which would include all facts determined by the investigator, and all documents related to the complaint, in advance of any hearing.”

“Open-file discovery - or the process in which the prosecution discloses to the defense all relevant information that is known concerning a criminal proceeding, including police reports, witness names, and witness statements -” The difference between open discovery and what you have been talking about is that the…

“A party wishing to bring an attorney as an adviser must inform the Secretary at least four days in advance of any meeting that the adviser will attend.” What possible justification is there for throwing a roadblock to naming a lawyer as one’s advisor, a roadblock that only pertains to lawyers? How does this help the…

Finally, if you are asserting that bringing this charge is consonant with the wishes of the woman in question, please provide evidence. Otherwise, it is just conjecture on your part.

Now that I have shown you that a threat to safety was taken from a quote from Dean Spangler and not made up, will you withdraw your claim and apologize?

I am sorry that you don’t understand what “open discovery” means, but I did not move the goalposts. Remember, Google is your friend. There is a huge difference between reading a report and having access to all of the information that an investigation produced. I suggest you read about Ken Anderson in the Michael…

A panel without subpoena power made a decision at the preponderance of evidence level (51%). Under such circumstances wrong decisions are inevitable.

You may have mischaracterized an important portion of what I said. What I said was that the Title IX coordinator was only supposed to file a complaint (as opposed to an alleged victim) under highly unusual circumstances. I have since produced information from Dean Spangler which is consistent with what I said. The…

In retrospect my previous response could have been clearer on one or two points. In theory the respondent could choose a lawyer as his or her advocate. But in practice the choice of who the advocate is, is meaningless because the advocate cannot actually do anything besides be there for moral support. I would also…

“At its sole discretion, the panel may request the testimony of additional witnesses.[16] The parties and any witnesses will be questioned by the panel only, but each party will be given an opportunity to submit questions for the panel to ask the other party or witnesses. The panel, at its sole discretion, may choose…

“A party wishing to bring an attorney as an adviser must inform the Secretary at least four days in advance of any meeting that the adviser will attend.” It is telling that Yale’s rule put an extra burden on the respondent when the advisor is a lawyer. I wonder whether or not you understand the difference between…

You should stop bluffing and actually do your homework. Here is some information on the role of the Title IX coordinator from KC Johnson at minding the campus.org, based on the Spangler reports: “such a move is supposed to occur only in ‘extremely rare cases,’ and only when ‘there is serious risk to the safety of…

Unlike the CJ system, the Yale committee lacks subpoena power. The defendant does not have a right to discover the information that the committee finds. The defendant’s has no right to the participation of a lawyer or to cross examine the accuser. I do not think that the word “thorough”applies to the process, unless…

How did being a star athlete help Patrick Witt? IMO his case is an empirical refutation of your position.

Other teams and organizations had similar parties, and there was no rule that said that they could not. The team had already been punished by forfeiting two games, which itself was pretty ridiculous. However, the more serious problem with your response is that it ignores President Broadhead’s comment to the effect…

Your comparison between two university students and marital rape is strained. If a woman were financially dependent upon a man in some way, it is more understandable why she might return after being assaulted, but that is not the situation here.

Yale’s procedure says that the Title IX coordinator should only bring forward charges in unusual circumstances, such as those involving an acute threat to public safety. Given that the time between the incident and the charges was about a year, clearly that was not true in this situation. Therefore, Yale did not…