1. Gideon
    July 25, 2011 @ 6:27 pm

    Excellent post. I hadn’t heard of these developments and you hit the nail right on the head. It seems that BRD as a concept is getting more fluid and falling out of favor, at least with those who have the predisposition to make a lot of noise with nearly no common sense or education (despite the purported Stanford pedigree).


    • Mark Bennett
      July 25, 2011 @ 6:44 pm

      McDonald’s ilk would cut down every law in America to go after the Devil of sexual assault.


  2. Brad Dunn
    July 25, 2011 @ 6:59 pm

    I recently dealt with the student disciplinary process at my alma mater, Southern Methodist University. I was shocked to find that my client could be suspended or even expelled following a hearing at which he was 1) not allowed to have his attorney present, 2) not allowed to confront his accuser(s) (one “witness” gave “testimony” via a written statement so as to avoid having to miss class), and 3) forced him to present evidence against himself because “his silence could be used as evidence of his guilt”.
    If you end up with a client in one of these situations, just realize that they are inevitably going to be found “responsible” and you are going to have to write an appeal. Oddly enough, the end result of the case was that the same panel that found my client “responsible” following Kangaroo Court voted to overturn their own decision upon appeal. Their reasoning: lack of sufficient evidence against my client. Wow. Just wow.


  3. Rickey H. Moore
    July 25, 2011 @ 8:23 pm

    Try the system out if you were actually guilty of a sexual offense, dumb enough to plead guilty when your confession was the only evidence against you, then tried and did your time. It is never ending, I assure you. As the various states try their oneupmanship against other states, with newer and more vicious ex-post-facto rules regarding your offender status, you will wind up with too much time on your hands, and doing a lot of email.

    I get to watch the process first hand and I have gotten past being amazed. That scares me that I’ve gone past depression, straight into acceptance. Brad, had your client not appealed, wouldn’t that be sufficient cause for the local Sheriff’s office to start criminal proceedings against him? I would think so. Then he would have found himself in a much tougher situation than that “kangaroo court”. Your client was lucky that he had you doing damage control before it escalated to the point of no return.


  4. Patent Baristas » Blawg Review #313
    August 1, 2011 @ 8:03 am

    […] Bennett, at Defending People, gives a detailed and thoughtful response to the Department of Education’s “Dear Colleague […]


Leave a Reply