but that’s impractical. And unreasonable. I can say that I have been in a situation where I was personally aware of an allegation between two of my students. It was massively uncomfortable for me as the instructor. And I was not a direct party. It certainly is not sustainable for THEM to be in limbo for their participation in the educational system to deal with an issue until after a legal investigation that could take any amount of time, and a trial that could take any amount of time. It CAN’T work. Which is actually why they were able to make the case that it fit under the bounds of Title IX. Because we can consider the alleged victim of a sexual assault to be a protected class against sexual discrimination whose educational access is being hampered unless steps are taken.
The fuzziness of that reasoning actually bothers me. BUT it certainly isn’t a situation that can be ignored barring legal proceedings.
And it wouldn’t really matter. Because the outcome of the proceeding can’t affect the decision of the school. Assume a freshman is accused or rape. It takes a year to do the investigation. Another year to go to trial. Jury finds not-guilty. The kid is now a junior. The school then STARTS their investigation and after a year says “never mind, we’re expelling you anyway!” during his senior year. How is anyone served by us having kept him around for those three years. And if the accused is a junior or senior it means we never deal with the problem at all?