Archive for the ‘Title IX’ Category

More on Roger Canaff and Title IX

Saturday, June 18th, 2011

I really do not want this to become a blog that focuses on one man. But when one man is so wrong about the issues, it is hard to avoid pointing it out.

There was an accusation of rape by a Wake Forest student against one of their basketball players. According to a local news station, the school told the student that they would investigate the case and as such there was no need to file a police report.

Now, according to my understanding the school seems to have it wrong on Title IX as it would be applied according to the letter that I blogged about earlier. However, perhaps the statute wasn’t as clear back then. According to the new regulations the school is supposed to take a step back while the police conduct their fact finding. They are not supposed to discourage the accuser from seeking police intervention nor should the police take a back seat to the university. But this would be a screw up on the part of the university and not on the part of the accused. (It does seem like their current written policy does reflect the idea that police investigations do take precedence. However, it is not known at this moment if that statement existed in the policy handbook that was in place at the time of the alleged sexual assault.)

Now, the accused had an attorney to defend their interests in this case. The attorney suggested that the woman in question made some poor decisions that night but that the acts were consented to by all parties involved. This is where Roger comes in. In his post on the Wake Forest issue,  he is critical of the fact that the students were allowed to have an advisor with them. However, Canaff sites the 2010-2011 policy (likely written after the new regulations were sent out to the universities) and not the policy that was in place at the time. I do not know if there are any differences but seeing as the change that was made was a major change in the burden of proof I cannot imagine that they are the same. I do not know if Canaff is purposefully doing this or not. However, it is my personal opinion that he does not care either way.

However, under the current policy of Wake Forest it does appear that the accused would not be allowed to bring legal representation with him. This doesn’t seem to phase Mr. Canaff at all. In fact, he seems supportive of the idea that the accused should be denied the right to have legal advice in the hearing and I find that absolutely reprehensible.

Canaff also condemns the fact that the accuser was questioned during the hearing.  However, according to the pdf , the accused is allowed to question the accuser.

Canaff then goes on in his blog post to treat these men as guilty until proven innocent. I do not know if these young men raped her. I do not know if she is lying. It is a shame that our legal system has failed victims of rape in that they are not encouraged (or more specifically empowered) to come forth and press charges immediately. At the VERY LEAST these woman would get oral contraceptives and chemical prophylactic measures that can help to prevent pregnancy and sexual diseases from appearing after a sexual assault. We can do so much better in our society by creating an atmosphere that allows for the accusers to have their chance to explain their side of the story WHILE preserving the idea that all people are innocent until proven guilty in the eyes of the law.