Rep. Speier on the Law, Due Process, & Surveys

October 28, 2017

Rep. Jackie Speier (D-California) is hardly a minor player on issues of campus due process: she's the lead sponsor of the House bill to codify as law the Obama-era Title IX guidelines. So it might be assumed that, at the least, she's well-informed about the issue.

 

That assumption would be a mistake.

 

Here are some clips from Speier, compiled from two relatively brief periods of her questioning (mostly) Candice Jackson, at this week's House task force on campus sexual assault hearing.

 

Speier doesn't like the idea of a campus system in which the accuser can be cross-examined. To bolster her case, she inaccurately claims that rape shield laws prevent a defendant from cross-examining his accuser. (They don't.)

After her inaccurate description of rape shield law, Speier asserts, even more oddly, allowing only the accused party to appeal "is not part of our judicial system."

Speier believes that the preferred Obama-era research showed that the false report rate for rapes is between 3 and 8 percent. (Depending on the document, it's either 2-8, or 2-10.) Far more troublingly, the congresswoman believes that all reports not deemed false--a tally that includes unfounded/baseless, inconclusive, or simply ambiguous cases--are "totally true."

 

When FIRE's Joe Cohn attempted to explain her misinterpretation of the surveys, Speier wanted to move along.

 

Finally, a remarkable exchange between Jackson and Speier, as Speier claimed that OCR's current emphasis on ensuring that both sides are treated fairly, and the accused is presumed innocent, constitutes "special rights" for the accused. Jackson responded forcefully.

 Again: these misstatements come from a key player in House Democrats' response to campus sexual assault.

 

Read more at: http://academicwonderland.com/2017/10/28/rep-speier-on-the-law-due-process-surveys/

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