“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation,” the professors—21 men and seven women—wrote.
Hmm. 21 men and 7 women. Hmm.
The authors also attacked the University for language in the policy stipulating that any instance of sexual conduct that occurs “when a person is so impaired or incapacitated as to be incapable of requesting or inviting the conduct” will be deemed “unwelcome.” The professors characterized this procedure as “starkly one-sided…and entirely inadequate to address the complex issues involved in these unfortunate situations.”
Starkly one-sided? It should be evenly balanced between an incapacitated person and a non-incapacitated one? Isn’t that a bit like saying a law against assault is starkly one-sided? Of course a regulation or law against having sex with a person too impaired or incapacitated to consent is going to be “one-sided,” because that’s the point.
But hey, don’t forget, “if you want to be in a position to testify and jail a man, don’t get drunk.”