Should a college be allowed to expel a student accused of SA if charges are dropped and the accuser later admits to fabricating the claims?

[Kelley1]

A college or university might still take disciplinary action against a student accused of sexual assault even if criminal charges are dropped and the accuser later admits to fabricating the claims.

Here's why:

College disciplinary proceedings are separate from the criminal justice system. Universities operate under their own internal codes of conduct and disciplinary procedures, which are not bound by the same rules of evidence or burdens of proof as criminal courts.

Title IX Obligations: Colleges and universities that receive federal funding are obligated under Title IX to investigate and address complaints of sexual harassment and violence, including those that might constitute sexual assault. This can create pressure on institutions to take disciplinary action, even in cases where the evidence is not conclusive.

Preponderance of the Evidence Standard: Many university disciplinary proceedings use a "preponderance of the evidence" standard, meaning the decision is based on whether it is more likely than not that the misconduct occurred.

Disciplinary Action for False Accusations: Making false accusations is a violation of most university codes of conduct, and a student who admits to fabricating a sexual assault claim could face their own disciplinary consequences, including suspension or even expulsion. However, this doesn't negate any prior proceedings against the falsely accused student.

In essence, even if criminal charges are dropped and an accuser admits to lying, a college or university might still pursue disciplinary action against the accused student, though it's likely the admitted lie would be a crucial piece of evidence in their defense.

A student expelled for false sexual offense allegations may find it impossible to enroll in another college even if they change their name since college SSN for identification.

[Tarifa]

I don't think a student should be expelled in the circumstances you describe. The problem is that, even if charges are dropped and claims prove to have been fabricated, there has already been a parallel 'trial' by the university as a whole. It would be very difficult to clean your name of all suspicion.

[Tarifa]

Thanks for the MHO

[msc545]

Of course not, but they do it anyway. The student then has to resort to an expensive and lengthy lawsuit to clear his name and be reinstated in school.

[Kelley1]

Lawsuits that are hard to win, even if you have the money.

[msc545]

Yes and besides that, lawyers cost a fortune.

[AI Opinion]

Colleges maintain their own conduct codes, separate from criminal proceedings; hence, they may still pursue disciplinary actions. If an accuser admits to fabricating allegations, it becomes critical evidence. However, the initial proceedings may not be automatically dismissed. Institutions are bound by Title IX to investigate claims, but false accusations can result in disciplinary measures against the accuser, potentially affecting both parties' educational futures. Fairness and protection of both students' rights are essential, and any proceeding outcomes should reflect new evidence, considering the implications for both accused and accuser.

[Dongie]

What kind of protection does the false accuser need?

Huh?

[D_Bone_Steak]

I think they shouldn't during the investigation phase. They're not required to, but they still do... and this is why they're literally a part of cancel culture.

It should be obvious by watching the woman and how she's using the accusations, as in a social context, as to why she's making the accusation. Real victims are not exactly trying to climb up on a soap box to tell everyone. In fact one of the biggest problems with real victims is they want to hide away and act like it never happened. They just want it to be over and find it stressful.

But if I'm watching a woman and it's obvious she's chasing clout... come on.

I'm sure we're all familiar with 'Mattress Girl' by now right? She destroyed that guy, the school went along with it, and all only to find out she was trying to force that guy to be with her, failed, and then had to make up an excuse to her current man as to why she's sleeping around.

I'm just saying the girls that do that usually have a pattern of that manipulation tactic already, and that's why we or a school should not just, "believe all women." That's like rewarding a behavior and probably why they keep doing it. Like that one chick that had like 3 men in prison already and she finally fessed up to making it all up. One of those guys was in prison for over 10 years already... that's really fucked up. The women that do that shit are pretty fucking evil for that, but also evil for what they do to real victims... it doesn't take being fooled too many times in a row to have a 'boy that cries wolf' effect on people.

I just think it shouldn't be able to be weaponized like that. Just like paternity fraud, society needs to stop rewarding these bad behaviors.

[ilistengood]

Anyone not only students who lie and spread SA charges falsely should be permanently expelled from. Universities, colleges , trade schools, yoga classes what ever. And I my opinion there should be no possibility of readmission, clearly they lack the character generally required to attend a university , they should be required to immediately begin paying back student lones, scholarships, any other educational monies recieved.

To falsely accuse anyone of sex crimes can have horrendous consequences if not found out , .

[Kelley1]

Even when the charges are dismissed, the consequences can be horrendous because the fact that they were arrested is enough to get people fired. If a university student, it is even worse. They will expel based on the accusation of sexual assault. The will not reinstate him they will not care that the accusations had been false that the case had been dismissed that he had never even stood trial the damage had already been done and in the eyes of the world once a stain like that touches you it never truly washes away his scholarships would be gone his name would forever tied to something he never did. No one would take the risk of being associated with him his future the life he had worked his entire life for would be over.

[ohsheeT]

They should take action but most dont because the the dont want it in the news or head lines anywhere they would rather sweep in under a rug some place to hide. I feel if something happen to you. I know you to want it to just go away. But it never will if girls dont pursue it. I. Can't even imagine all the pain And the emotions. you go through to many guys at college s. Walk away with nothing happening to them its not right

[Jersey2]

Colleges are run by morons. Hopefully the student could sue them for slander AND libel. They cannot trash his name like that and not be exposed to civil and even federal consequences impacting his rights and his reputation which he may never gain back.

He should can could go after the liar who did this to him. There must be some fairness in it all.

[ilistengood]

While I agree , my university was running by challenged morons, and yes you can probably sue them , the problem is once accused the damage is done. No one will hear about or care about the reasons today's society has , in my opinion become a damage control oriented populace , where its easier to shut a problem out rather then waste time attempting to make excuses. I had a friend , he had 2 teenaged daughters , coming home early from work one day, he found them both home instead of at school having sex with 2 guys. When he tried to order them to leave they beat him up pretty good , and while he went to get stitched up they reported him for abusing them. When he got back home imagine the surprise when he was arrested. End result was these 2 little sluts never came clean, not even to mom, he lost his family , wife included, spent a year in jail and was forced to be on sex crimes list. 1 year and 6 months later. y friend ended his own life , I've been lead to believe for Catholics things have to be bad. I believe what he told me , he had not one other complaint, but the police blamed him wouldn't listen to his side.

[Kelley1]

What should be is not the same as what is.

[Kelley1]

@ilistengood Sadly, similar things do happen.

[Speaking_Frankly]

No. It sets a dangerous precedent. We live in a society where the accused is presumed innocent until proven guilty.
A code of conduct should be based on the burden of proof, not an unsubstantiated accusation where a student's future can be destroyed based on hearsay.

[Drumlin2001]

As important, I'd hope the student who lied about it would be kicked out and prevented from going elsewhere too.

[Kelley1]

@Drumlin2001 That is not going to happen.

[Summeroflove]

Someone who fabricated SA should be in prison. You can RUIN a innocent persons life not to mention how horrible it is to real survivors to lie about something that discredits real victims.

DISGUSTING

[Dongie]

Blah, blah, blah! Fuck those sexist motherfuckers! Stop sending tax dollars to universities that penalize humans for being male!!

[Dongie]

Wasn't there a case like this with Duke LaCrosse?

[Kelley1]

@dongie The Duke lacrosse players involved in the 2006 case were ultimately allowed to graduate. While two players, Reade Seligmann and Collin Finnerty, were initially suspended after their indictments, they were later exonerated and permitted to finish their degrees. David Evans, who was not suspended, had already graduated before the indictments.

Duke was an exception. Initially, Duke participated in the witch hunt and was being sued for $millions. Although it was ultimately settled out of court, Duke knew the jury would greatly increase the judgment if they refused to allow the students to graduate.

[Dongie]

And the liar?

[Kelley1]

During the investigation, she had sperm from several men, but none from the accused. She was never charged for lying. However, in February 2010, she was charged with the attempted murder of her then live-in partner, Milton Walker, but was convicted of contributing to the delinquency of a juvenile, injury to personal property and resisting a public officer.[5][6]

In November 2013, she was found guilty of second-degree murder after she stabbed boyfriend Reginald Daye, who died 10 days after.[7] She argued that she acted in self-defense, saying that she feared Daye would kill her.[8] She was sentenced to 14 to 18 years in prison.

[Dongie]

Yeah, she's a class act!

[DCVsMarvel2]

Dave Mustaine, a person who criticizes obama on multiple occasions, making it look like he's a trumper, also fired hie original bassist, david ellefson, when it was rumored that he was having an ilegal relationship with a minor. It wasn't true, and dave still fired dave.

Is this moral?

[msc545]

What in the world does this have to do with the question that was actually asked here?

[DCVsMarvel2]

@msc545 I think it speaks for itself

[msc545]

I think it is a complete non-sequitur.

[DCVsMarvel2]

@msc545 i think it perfectly relates

[msc545]

Yes, that is why you haven't a single response.

[DCVsMarvel2]

@msc545 or you just don't like it

[msc545]

As I said, not a single response.

[DCVsMarvel2]

@msc545 or you just dont like it

[QuietRunner]

Maybe guys in college and this is almost impossible should just focus on academics. Then leave the women alone.
Then the sexual allegations problem would be done.
Since that won't happen colleges are where they are.

[Alex-Snow]

No the student should be allowed back in and the false accuser should be expelled

[Blackcat1952]

I didn't read the whole thing. But it sounds as another b*******Excuse for the colleges to get out of it

[Chazmatazz269]

Not without severe consequences.

[Chazmatazz269]

For both the institution AND the false accuser.

[msc545]

What consequences do you think female false accusers suffer?

[Kelley1]

@msc545 Several people may criticize her. It could be worse, but rarely is.

[worldscolide]

No, and said accused student should be able to come back and sue the college and the person that falsely accused him.

[worldscolide]

Unfortunately shit stain leftists and feminists subscribe to the guilty until proved innocent doctrine, but only for SA accusations.

[captain_voidwalker]

What ever happened to innocent until proven guilty

[Kelley1]

When women make accusations, that standard is replaced with "guilty until proven innocent." Even then, you're guilty because they arrest is a record that never goes away.

[captain_voidwalker]

And women wonder my men are avoiding them at all costs these days

[Kelley1]

I'm feeling the effects because the men I want don't want to get married.

[sirderpsalot123]

Of course not

[In_Trance]

Yes they should