The Daily Parker

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Drunken fumbling becomes a Constitutional case

A student at the University of Cincinnati has filed a fascinating lawsuit against the school for discrimination in its enforcement of sexual misconduct:

Is it possible for two people to simultaneously sexually assault each other? This is the question—rife with legal, anatomical, and emotional improbabilities—to which the University of Cincinnati now addresses itself, and with some urgency, as the institution and three of its employees are currently being sued over an encounter that was sexual for a brief moment, but that just as quickly entered the realm of eternal return. The one important thing you need to know about the case is that according to the lawsuit, a woman has been indefinitely suspended from college because she let a man touch her vagina.

The event in précis, as summarized by Robby Soave of Reason magazine: “Male and female student have a drunken hookup. He wakes up, terrified she's going to file a sexual misconduct complaint, so he goes to the Title IX office and beats her to the punch. She is found guilty and suspended.”

By some kind of weird alchemy involving the sum of its parts, this strange little event manages to hit upon almost every troubling aspect of the way that these cases are interpreted and punished on the contemporary campus. It proceeds from the assumption that if two drunk college students make out, one of them—and only one of them—is a victim of the event. It resulted in a fairly common but extremely severe consequence meted on students found guilty of very minor offenses—banishment from the university until the complainant graduates. And it suggests how easily the system can be manipulated by a student with an alleged grudge.

I'm curious to see how this turns out. It seems hard to believe that I went to university during a brief, golden age when we were treated as adults. I served 5 semesters on the Student Judiciary Board and heard so many stories of ridiculous student behavior, and still managed to find them odious enough to ban the offenders from campus a handful of times. I fear for our children that they won't ever grow up, because their parents and institutions won't let them.

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