Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Sunday, October 18, 2015

Fraternities Hire Trent Lott To Lobby For Limiting Campus Sexual Assault Investigations

National fraternity and sorority groups have hired former Sen. Trent Lott (R-Miss.) to lobby for legislation that would prevent colleges from punishing certain students accused of sexual assault.

Lott is among a group of lobbyists who have collected $140,000 from the "Safe Campus Coalition" so far this year, according to congressional disclosure filings. The coalition is made up of the National Panhellenic Conference, North American Interfraternity Conference (NIC), Kappa Alpha Order, the Alpha Tau Omega fraternity and the Sigma Nu fraternity.

The lobbyists are helping the groups push for the Safe Campus Act, which would restrict colleges from punishing students for sexual assault unless the police are also involved. Other illegal behaviors -- such as theft or physical assault -- would not be held to this requirement. The proposal is uniformly opposed by advocacy and activist groups that work with rape victims.

The filings indicate that Lott, now a counsel at the Squire Patton Boggs firm, registered to lobby with the Safe Campus Coalition on April 24. The Safe Campus Coalition has also hired Lott's colleague Kevin O’Neill, an attorney at Squire Patton Boggs and executive director of the Fraternity and Sorority Political Action Committee.

Lott retired in 2007 as the Senate minority whip, and previously spent several years as the chamber's majority leader. He is a Sigma Nu alum. As a lobbyist, Lott has done work for Gazprombank, a Russian bank that was hit with sanctions by the Obama administration, along with Goldman Sachs, Shell oil company and others.

Earlier this month, Lott penned an editorial with Cleta Mitchell, a lawyer who served as an adviser to Chi Omega, arguing in favor of the Safe Campus Act.

The legislation is sponsored by Reps. Matt Salmon (R-Ariz.), Kay Granger (R-Texas) and Pete Sessions (R-Texas).

"Ensuring equal justice under law for rape victims is a priority of Congressman Salmon's and he serves as member of the Higher Education subcommittee which oversees these issues," said Tristan Daedalus, a spokesman for Salmon. "He's grateful for the comments and suggestions received from many individuals and groups that have an interest in solving this important issue."

Sessions' office said the congressman has "for years worked with stakeholders both inside and outside of the Greek community to improve campus safety for all college students," and the Safe Campus Act reflects that.

The Texas lawmaker has been the Chair of the Capital Fraternal Caucus for multiple years, and is a regular recipient of campaign contributions from the Fraternity and Sorority Political Action Committee, according to campaign finance disclosures.

NIC, NPC and the heads of Sigma Nu, Kappa Alpha Order and Alpha Tau Omega did not respond to requests for comment.

Matt Gregory, associate dean of students at Louisiana State University and a former policeman, said it was "short-sighted" to require alleged victims to report to police before schools can take action.

"We on campuses have obligations -- not three months from now, not tomorrow, the minute we hear about a report," Gregory said. "That's what keeps me up at night."

Jason Casares, director of student ethics at Indiana University and president-elect of the Association for Student Conduct Administration, said the bill would prevent students from reporting to their universities.

"I always ask students about an option to report to the police, and many respond that 'If I had to report to police, if I knew it was a requirement, I would not be here,'" Casares said.

Along with the requirement to notify police before schools can investigate sexual assaults, the bill would allow schools to use whatever standard of evidence they choose in campus adjudications. Currently, when a college holds a hearing to determine if a student accused of sexual assault violated the code of conduct, it's obligated by the U.S. Department of Education to use the "preponderance of evidence" standard. Under this standard, an adjudicator must be 51 percent or more certain the accused is guilty, making it more likely that the student will be found in violation.

In a February phone call, fraternity leaders expressed a desire to strengthen the preponderance of evidence standard. NIC Chairman Buddy Cote suggested the standard should be raised to "beyond a reasonable doubt," or 99 percent certainty, the same level as criminal trials.

National fraternity groups planned in the spring to lobby Congress to block colleges from investigating sexual assault cases until a criminal trial was completed. The proposal was denounced by fraternity and sorority members, lawmakers and advocacy groups. Following the backlash, the groups said a week before their lobbyists filed paperwork in April that they would not be lobbying "for or against any specific" congressional proposals.

Original Article
Source: huffingtonpost.com/
Author: Tyler Kingkade

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