California defines “yes” in student sex bill

THIS LAW DOES NOT CHANGE THE CRIMINAL STANDARD.

It mandates university policies that allow universities to discipline students (i.e., expel, etc.) for conduct that does not necessarily reach the standard of CRIMINAL conduct.

You need to understand the difference between CRIMINAL and ADMINISTRATIVE (CIVIL) to understand what the law does. It mandates a whole new hierarchy of CIVIL “prosecution” against students. It is designed to “go after” students that did not commit a crime by making them susceptible to being investigated, disciplined and/or expelled for non-crimes.

It’s the difference between an arrest for a crime and being fined by the city for leaving your trash cans out. In the latter case, you have no criminal protection and are guilty until proven innocent.

The law STRIPS students of their criminal protection rights:

(1) to be convicted by a jury of their peers

(2) to face their accuser

(3) “beyond reasonable doubt”

(4) most important: innocent until proven guilty

INSTEAD, it creates a CIVIL process where CIVIL standards apply:

(1) “preponderance of the evidence”

(2) not an offense against the state—instead, an “offense” against the university

(3) not jail time—instead, discipline or expel

(4) no jury—instead, a board of academics

(5) no protection against “inadmissible” evidence or search/seizure

MAKE NO MISTAKE, THIS LAW IS BAD.

This law continues a long practice of eroding our rights against criminal prosecution, replacing CRIMINAL procedures with ADMINISTRATIVE/CIVIL procedures.