3. The Universal Administrative Trial Program. To date, we have employed a two-tier system for dealing with student non-conformity issues. Criminal hearings have been used as a means of dealing with criminal conduct. Administrative hearings have been used for dealing with non-criminal violations. In the latter type of hearing, students have been stripped of all needlessly cumbersome due process rights. In our collective view, the system has proved to be unworkable. Therefore, we have decided that all hearings will be classified as administrative in nature. All rights will be suspended except for cases involving sexual assault and sexual harassment. In such cases, students bringing charges will be granted a right to counsel and a right to full appellate review. Student plaintiffs will be able to appeal adverse rulings. The accused will receive no corresponding benefit. All attempts on behalf of the accused to either a) retain counsel or b) appeal an adverse ruling will be subject to the noise complaint policy. The Dean of Noise Complaints will preside over all such hearings.
4. Our New Government Respect Compact. Our Student Respect Compact was originally designed to preserve the rights of students to work in an environment free from the following: incivility, discomfort, disrespect, unwarranted intellectual challenge, and unwanted solicitation of ideas and opinions.
The policy has been modified to include the protection of administrators from all of the same invasions. For example, student complaints concerning "administrative waste" and control over "private" or "non-academic matters" are often distressing to the administration. The complaints are rarely solicited and often result in administrative discomfort. We now consider them to be uniformly disrespectful and uncivil. Any conflict between Our New Government Respect Compact and state "whistleblower" laws or the "constitution" will be resolved in the favor of Our New Government Respect Compact. Any resistance will be referred to the Dean of Noise Complaints and subject to the aforementioned policies.
The Obama administration has done a lot to move us forward. The Obama Department of Education told us that we must reduce the burden of proof in sexual assault cases to a mere preponderance of evidence. They told us we would receive no federal funds if we did not conform. We based all of our other sexual assault and sexual harassment policies on the model in place at Stanford University. We call them our Cardinal rules of sexual conformity. That great institution believes that the new Obama policies were a mere starting point - a minimum list of expectations. We agree with that philosophy.
When it comes to implementing policies that ensure administrative victory over student dissidents, we want to do more than just the minimum required by Washington. We want to stay one step ahead of the federal authorities. Not everything we do may be "constitutional" as they say. But our constitution is a living, breathing document. We are confident that the federal judiciary will share and affirm our grander vision by the time any disagreements reach that level. You all are a part of that grand vision. For those of you who are new, I welcome you into our community. For those returning, I welcome you back. And I welcome you all to move with us. Forward.
In closing, I would remind you that extremism in the defense of conformity is no vice. And let me remind you also that moderation in the pursuit of civility is no virtue.
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