The Red and Black

Originally posted by

barney

Note that the judge doesn't state that the allegations are untrue. He merely states that the university did not adequately prove their case or follow established procedures for investigating sexual harassment effectively.

and your point is? he is guilty, or could be, so why not just think he is anyway?

"Capricious" is more damning than what you indicate above.

The point is: The university does not accord people accused of sexual harassment the right to due process. That's not a trivial matter. No due process? and you want to divide the dust. You should pray that no legal system charges you with a crime that does not accord the alleged due process. Guess what? you'd be found guilty. Oh, and then if the charges were dismissed ... you would be happy to hear people say, "Got off on a technicality."?

Originally posted by

barney

yo barney!

a. I'm not commenting on the accused's guilt, though I have my opinion and do actually know both parties, as well as a number of women who've worked with the accused. I will leave it at this: I doubt he'll try to countersue the alleged victim -- he wouldn't win.

b. However, you go too far when you seem to assume that I don't care about due process. I do care. But in this case, and in many, I think it's important to note that a failure to provide due process does not invalidate the central charge. That is a separate issue.

c. as ugaprof notes, it's unlikely that this sort of thing will happen again. Not only are there new procedures, but the Legal Affairs employee in question is no longer at UGA.

The "employee in question" was not the point person on sexual harassment investigations; I believe that legal beagal is still employed.

If you are not part of the "procedure" then you have no idea what has happened or will happen.

The university's policy does not follow EEOC definition of sexual harassment, nor do their decisions follow case law. This is why they are loathe to press for the sorts of punishments some on this campus believe the alleged perpetrators deserve. If the university were to press these cases they would all (perhaps not "all" but most) end up in District Court and all be over turned.

The former dean had the money to do what many before him could not do ... take it to court.

Your opinion is an opinion. The evidence, case law, and due process should guide the legal system.

This newspaper has been irresponsible in its journalism. Publishing PDF files is not the same as reviewing all the evidence and hearing all sides present their case.