Guilty Before Trial?

Whatever happened to “innocent until proven guilty"? The guy gets suspended without pay because he is arrested? That’s a clear violation of his civil rights.

Craig C, political pundit at http://blogresponder.blogspot.com, at 9:20 am EDT on June 12, 2006

If the professor was suspended by reason of the sexual harassment charge—as distinct from the quite different charge of conspiracy to commit homicide—then that by itself is the normal and usual response of an institution when confronted with a sexual harassment charge.

Since all educational institutions who receive federal funding are governed by the Sexual Harassment Guidance of the Office of Civil Rights of the DOE, and since that Guidance requires instantaneous response to all sexual harassment complaints, and because so much is at stake for any institution if it doesn’t follow the Guidance, it is normal that any male professor who is so charged in instantly treated as guilty until proven innocent.

If the charge is hostile environment sexual harassment—as may be the case here—there is no falsification possible, because the only basis of the charge is the fact that the female herself believed herself harassed (the “subjective” criterion in the Guidance). Otherwise, in terms of the “objective” criterion of the charge, the school must use the “reasonable person” or “reasonable woman” criterion, which the Guidance defines in a footnote as the judgment of a third-party as to whether a “reasonable person” in that situation would feel sexually harassed. In short, you’re held to be guilty is someone believes that you’re guilty.

Michael McCnles, at 10:20 am EDT on June 12, 2006

Since my posts seem to get lost, I will make it brief:

1) Sexual harassment is not a crime, but rather a form of employment discrimination (and, in terms of state law, a “public policy” exception to the employment-at-will doctrine) with only a civil remedy;

2) Cherie, how in the world can a website be creating a hostile environment. It sounds like you don’t like someone’s ideas, and rather than explain why they are wrong, you scream “harassment.” Why don’t you post the website, because I am anxious to know what ideas you find so bad that you think that others should not learn them.

Larry, at 7:40 am EDT on June 13, 2006

There’s some pretty strong evidence this guy wanted to have his colleague murdered, and you guys want to defend him? Why?

Joe Dean, at 4:30 pm EDT on June 13, 2006

This site has run at least one story about a student accused of attacking his professor over a grade, and I don’t recall anyone being concerned that the student was being unfairly presumed guilty, or that the system of grading needs to be reformed.

jcl, grad student, at 10:45 am EDT on June 14, 2006

Ted is incorrect (see Gilbert v. Homar)

The case on point in this case is Gilbert v. Homar, 520 U.S. 924 (1997) (no hearing required prior to suspension without pay of tenured police officer arrested and charged with a felony). In this case there must be a hearing, but it may be post-suspension.

Ted, The employer in this case is not a private employer, but is actually an instrumentality of the state government. Therefore, a lot of your post is irrelevant. While it is tempting to call people who have been arrested “almost certainly guilty” of something based on the words of his accusers (I don’t see how you figure this was a conspiracy), that is not the standard as a constitutional matter. Moreover, there are often “eyewitnesses” to crimes that are simply not credible. They might be lying. They might be mistaken. Moreover, as a constitutional matter sanctioned per se for simply being accused of a crime, but he can be suspended pending a hearing. Whether the hearing is require before or after the deprivation of his position is another question.

We may well see that this person is innocent. You seem to advocate taking his job away, based solely on the accusation by one person, not even subject to cross-examination or even a chance to present contrary evidence.

Larry, at 1:55 pm EDT on June 18, 2006