Do you #standwithahmed?

Discussion in 'Free Speech Alley' started by StaceyO, Sep 17, 2015.

  1. shane0911

    shane0911 Helping lost idiots find their village

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    Because if they don't it gives the perception that they either condone or simply don't care. Like I said "insha' allah"

    They don't want to get lumped in, prove you don't support or condone the actions of others.
     
  2. uscvball

    uscvball Founding Member

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    It sure didn't. You inferred it, if anything. I have been very clear and specific on what both sides did wrong IMO. I think the police could improve things by both explaining what transpired and apologizing just to the family. And I still think Ahmed's family has yet to comprehend that they too, had a hand in things.

    I suppose there must be a number of them.....or they wouldn't have detention rooms ready. I don't know if one can expect due process rights in such things as the rules are clearly stated.

    Example....the local middle school has always had what they call an Ironman competition that is held at the end of the year. Students must pre-qualify to compete. While the competition is going on, other students sit on the field and watch. The principal tells them they must stay seated and not interfere with the competition in any way. He's a pretty intimidating feller. Last May, he got right up in the grill of a couple kids who are known for trouble and told them not to get up. They not only got up, but they destroyed some of the parts of the course and then jumped in the "pool". Within a few hours, the entire competition had been canceled and the 2 boys were expelled and missed graduation. No due process, no trial, no parent was called to the office during questioning.

    Interesting what you bring up though in terms of due process. Slight derail here but.....USC had a player, Bryce Dixon, who was expelled for violating the student code of conduct as it pertains to sexual abuse (rape) and smoking dope. The investigation was headed up by a Title IX investigator who applied the federal standard of Yes Means Yes and found him guilty. The Office of the Provost agreed with the investigator and kicked him out. Bryce sued saying, "he was given “no hearing, no right to counsel, no rules of evidence, no presumption of innocence, no right to possess copies of witness statements and evidence and no right to confront witnesses against him." He was right. A judge re-instated him as a student, but obviously not a player.

    The problem here is an unregulated process, which most schools have, that follows state and federal law including Title IX and the VAWA with oversight by the Federal Office of Civil Rights. But it doesn't allow due process for the accused. The facts in this case are underwhelming from an evidentiary point of view but consent means something completely different these days and Title IX puts the onus on the accused.
     
  3. red55

    red55 curmudgeon Staff Member

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    Are you sure you are right about that? @lsutiga is a school administrator and he says that students have a definite right to due process. I have googled up dozens of student codes of conduct and all seem to have due process. And Title IX . . .

    Since Title IX is a federal civil right, the appropriate standard of evidence is a “preponderance of the evidence.” This standard of evidence means that a hearing must determine whether a complaint of sex discrimination is “more likely than not” to have occurred or 51% likely to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes— not criminal complaints, which requiree the highest standard of evidence, “beyond a reasonable doubt.”

    Under Title IX, both the accuser and accused have equal rights, such as the right to:​
      • Have an adviser of choice present during the process (this includes an attorney if allowed at all by schools)
      • Present evidence or have witnesses speak on their behalf
      • Have timely access to information that will be used at the hearing
      • Be present at pre-hearing meetings that provide an opportunity to present their testimony
      • Receive the final hearing decision in writing at the same time as the other party without being required to sign a non-disclosure agreement
      • Have the right to appeal a final decision
      • The DCL warns schools creating a disciplinary system requiring the accused and accuser to directly interact may be re-traumatizing and discourages this practice
    http://knowyourix.org/title-ix/title-ix-in-detail/

    That is a lot of due process and it is all spelled out in detail. Handcuffs certainly imply that a criminal complaint is at issue here. In that case federal law gives us all due process.
     
  4. Tiger in NC

    Tiger in NC There's a sucker born everyday...

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    It's not apologizing my friend, it's the truth. Seven millions Muslims in this country and how many of them are trying to blow us up? To our knowledge 0. I'm all for being vigilant and wanting to protect our citizens but I'm also fair minded enough to know that not every muslim is a terrorist, no more than every Republican is a racist or sexist or that every Democrat cherishes the idea of government hand-outs. And we can do both. It doesn't have to be all one way or the other.
     
  5. Tiger in NC

    Tiger in NC There's a sucker born everyday...

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    that's ass backwards and you know it. it's not their responsibility to apologize for someone else's actions just because the terrorists claim that they speak for all of Islam. that's ridiculous, even for you. that's like saying that when X kills Y, all of X's neighbors have to line up at the camera to tell the news reporters that they do not approve of the killing lest the entire world believe they agree with it and think their neighborhood to be a bad one.
     
  6. LSUTiga

    LSUTiga TF Pubic Relations

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    But she's talking about a college kid...AND in California. Not telling wtf process they have there.
     
  7. uscvball

    uscvball Founding Member

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    After the Bryce Dixon case, I am more than familiar with Title IX. You asked about due process and like I said, he went to court and sued for a lack of it. Specifically,...."no hearing, no right to counsel, no rules of evidence, no presumption of innocence, no right to possess copies of witness statements and evidence and no right to confront witnesses against him."

    A judge ruled in his favor and ordered USC to reinstate him as a student. These processes, while defined by individual universities, etc are not court-tested nor are they free from contradictions. Think about what preponderance means....a civil application to what can potentially be a criminal behavior or could be lacking in physical evidence. Universities are acting as de facto law enforcement. Shouldn't the accused be treated as they would in a court of law? The Yes Means Yes policy which CA and NY have adopted are heinous!

    "A student expelled from Washington and Lee University for alleged sexual misconduct will be allowed to continue with his gender bias lawsuit against the school, U.S. District Court Judge Norman Moon ruled on Aug. 8. In the lawsuit, a Title IX officer at the school is quoted during a presentation she gave to the woman who later accused John Doe. The Title IX officer is alleged to have said “regret equals rape” and “went on to state her belief that this point was a new idea everyone, herself included, is starting to agree with.” Shortly thereafter, an allegation of misconduct was launched against John Doe. The Title IX officer played a significant role in the investigatory process.

    A right to due process at state universities may seem like a novel concept, but Banzhaf said the fourth amendment protection was never intended to apply solely to the court system.

    “The Constitution trumps everything else,” he said. “So no matter what the Department of Education or Department of Justice suggest, regardless of what a state’s statute provides, or what the University decides, the Constitution trumps it all.”


    What happened to that student is almost exactly what happened to Dixon. Schools have Title IX compliance officers and certified investigators, many of whom come from the women's rights arena and potentially have a bias.
    http://www.foxnews.com/us/2015/08/16/yes-means-yes-policy-coming-under-fire-from-judges/

    Scroll through here and tell me where the diversity is.
    https://equity.usc.edu/who-we-are/
     
  8. red55

    red55 curmudgeon Staff Member

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    Getting back to the topic, why then do you suppose there was apparently no due process for Ahmed if the Constitution trumps all else? Especially since the Irving Independent School District Student Code of Conduct has due process provisions for both disciplinary action and for criminal misconduct. It's hard to lay that failure of responsibility at the kids feet.
     
  9. shane0911

    shane0911 Helping lost idiots find their village

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    The only thing ass backwards is you my friend, muslim loving goofball. Keep your head in the sand. Especially when the neighborhood johnny jihad brings you a clock just for good measure.
     
  10. uscvball

    uscvball Founding Member

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    If I make a supposition, it's likely I'll be accused of running my mouth or making all kinds of assumptions. However.....I pointed out where I think the administrators saw a violation of the Code and it said that such violations would be referred to law enforcement. At that point, the school is out of it. It's a loose interpretation but that's my best guess.

    But getting back to my point.....had the parents actually read the Code, signed the document stating as such, and discussed the Code with Ahmed, I don't think that clock ever makes it to campus. No pun intended but this isn't rocket science. We all know, as do muslims here in America, that incidents of school violence are on the rise, and that includes bomb threats. There is just no way in hell that my child would ever make that thing without me seeing it and clearly Ahmed's parents saw it. There is also no way in hell that I would allow my child to take such a thing to school. When it comes to kids and schools, erring on the side of caution has to be the standard. And now that things have played out, the family is reveling in the fame and notoriety. To me, that is just wrong.
     

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