• DreamlandLividity@lemmy.world
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    6 hours ago

    Go do that.

    Go elect me for office and I will. Until then, there is nothing I can do for you.

    Due process is very very clearly a legal term. Private institutions aren’t required to follow anything like it.

    What the fuck do you think we are talking about this whole fucking time? Title IX mandates a process schools have to follow. Trumps changes bring it closer to what is considered a due process. The whole fucking conversation is about whether that is a good thing.

    You need to differentiate between what IS and what you wish were the case.

    It literally IS. You are the one seething that men are now actually granted reasonable due process protections.

    I care that women who are raped are being silenced.

    How the fuck are they being silenced? It literally requires the opposite, that they testify properly.

    • surewhynotlem@lemmy.world
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      34 minutes ago

      I honestly can’t make you understand this.

      Just because a law says you have to do something doesn’t make it due process. Registering your car isn’t due process. You don’t get due process unless you’re in court. This isn’t that. There is no court. A “hearing” of school officials isn’t due process. There’s no sentencing. There’s no lawyers. There’s no guilty or not guilty. There’s a bunch of school admins doing a dance and then picking if you get kicked out.

      How are they being silenced? Because anytime you make something harder, more embarrassing, or riskier, people won’t do it. This is also not hard to understand.

      Again, I can hear it in your words and tone. You WANT this to be true. You want women to be brave enough to always stand up for themselves. You WANT a fair process with legal style standards to impose true justice based on facts. This isn’t that. It doesn’t get you closer to that. All it does it shut women up by making it harder for them to do the right thing.

      • DreamlandLividity@lemmy.world
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        9 minutes ago

        Just because a law says you have to do something doesn’t make it due process.

        So your entire argument is that I am misusing a word, because I am using it in the context of how it is commonly understood vs the legal definition? Yeah, great argument.

        How are they being silenced? Because anytime you make something harder, more embarrassing, or riskier, people won’t do it. This is also not hard to understand.

        I understand that. I don’t understand why you believe it is significantly harder or more embarrassing to have one more person (lawyer) in the room and to answer their questions, in addition to already having to tell the story to strangers appointed by the school anyway. It’s nearly insignificant difference compared to how much damage false allegations do.

        PS: If you want to pointlessly focus on word lawyering.

        Citizens may also be entitled to have the government observe or offer fair procedures, whether or not those procedures have been provided for in the law on the basis of which it is acting. Action denying the process that is “due” would be unconstitutional. Suppose, for example, state law gives students a right to a public education, but doesn’t say anything about discipline. Before the state could take that right away from a student, by expelling her for misbehavior, it would have to provide fair procedures, i.e. “due process.”

        But I was never trying to talk about legal definition but the common sense right not to be punished by government law/regulation without reason.