From Perses institute
Washington, D.C.
Public Comment — Registering College Students as Sex Offenders
Re: 83 Fed. Reg. 37,526 (August 1, 2018)
30 Day Notice of Action (copy attached)
Email Dispatch: Samantha.Opong@usdoj.gov; OIRA_submission@omb.eop.gov
Dear Samantha Opong:
The Perses Institute is a global NGO that fosters gender balance and equality in institutions worldwide.
We respectfully submit comment on the agency’s proposed collection of information on Campus adjudications of sexual misconduct, and, any proposed agency action that may, intentionally or otherwise, gather information that pertains to the assembly of information (on policies or procedures or otherwise) that could be used to further the ability, of the public, to shame, punish or banish individual students, or other persons accused on college campuses of sexual misconduct.
Executive Abstract
We believe the agency’s proposed action exceeds its delegated authority and purpose under the enabling statute. 42 U.S.C. § 16911 (2018)[1] The proposed action calls for the massive collection of hearsay information on sexual misconduct on campuses that may include large amounts of information (and misinformation), including personal information on accused persons, who have not been “convicted” of any crime or sexual offense. Campus adjudications of sexual misconduct are NOT criminal proceedings and do not have the due process protections of criminal proceedings, to insure the circumstantial guarantees of trustworthiness of the proposed data collection, necessary to protect the privacy interests, or, substantive due process interests of persons accused of sexual misconduct on college campuses.
The Agency’s proposed action assembles information on methods used to shame, punish and banish accused individuals that would result, if made public, in punitive measures against accused individuals who have not had the benefit of due process of law in the adjudication of their alleged sexual misconduct. Although the purpose of the data collection by the agency may be academic to the agency, there is a real possibility that the information could be made public through many channels, with the agency proposing no safeguards to protect the substantive due process or privacy interests of the affected accused.
I don’t know why but the school systems (including University systems) have been incrementally taking people’s (and parents) rights away. I believe it started with the dress code. Students were not permitted to wear clothing if someone might be offended. It then went to vending machines. No snack foods. Soon they were chiding parents who didn’t pack thier kids a healthy lunch. This while the schools claimed ketchup was a vegetable. Now this. The school administrators recordé are be treated as convictions.
National, state, county, city, and now school. – how many levels of nanny government are really needed?
May this be the start of a long and fruitful use of Judge Matsch’s decision for the good. This is the first time I have seen it used to support another effort.
It seems to me Judge M is protecting his turf. It also implicates his relational association with a global NGO. NOT SURE WHAT’S WHAT. This damn tin foil hat is working me over.
Strikes me as “conviction by accusation only in college is wrong, but conviction by accusation only in court is acceptable.”
All fine and good to talk about due process and constitutional rights in court. But we can’t keep overlooking that most of those rights are disregarded and waived by public defenders and many private practice attorneys who are more than willing to take payment for SO and DV cases but don’t want to win them to avoid being branded as “child molester/wife beater friendly”.
Substitute “public defender” for “college adjudication” in the above letter and send it to the state supreme courts and I’d feel a lot better about the effort. But it’s still better than nothing, I guess.
Great article. I have a suggestion. I went back to school and obtained an MBA. I’ve also read many of you have/or are going back to school. I lost a professional license years ago in healthcare. I would like to know what jobs can people required to register do?
Good job CR! Your comments are both well thought out and well stated. I have an MBA with an expunged offense. So, I’ve passed background checks. I’m probably not capable of obtaining a professional license. As noted, California has altered their hiring laws. I think a section regarding employment would be a good idea to re visit! Good luck!
Why did we all get OFF TOPIC ?, lets chat about gaining access to campuses to attend coursework, lab and classes for our certification and / or our degree or just continuing edu.
We have to go to PD/SO close to campus covering and the security office if not campus pd, and register.
Pic taken and noted, some flyer the classes and some just notify the class Instr/Prof or adjunct prof. of the student’s class *Reg. Citizen.
So, it is bewildering for a student in the same class to whisper to other classmates, no less a public safety course, that the person there is on their security roster as an S/O *Reg. Citizen.
Hard to keep going and concentrating in class and being shunned away and thus less participation with peers.