VICTOR JOECKS: Cuomo, colleges and a sexual misconduct double standard
If you support due process for New York Gov. Andrew Cuomo, you shouldn’t support taking those rights away from college students.
Cuomo is in deep trouble. As of Thursday, six women have accused him of inappropriate behavior. There are numerous claims of verbal sexual harassment. Several women have accused him of giving them unwanted kisses, hugs or other physical touches.
The sixth accusation is the most serious. A female aide said he reached his hand under her blouse and groped her in a sexual manner, according to news reports. If true, that’s a criminal act.
In his own case, Cuomo doesn’t “believe all women.”
After the allegations started to mount, he acknowledged making his female subordinates uncomfortable with his words. He maintains that this was unintentional and that “I never touched anyone inappropriately.” His political survival likely depends on the results of an investigation overseen by the state’s attorney general.
Many prominent national Democrats are taking a cautious approach. In late February, Rep. Alexandria Ocasio-Cortez called the allegations “extremely serious” and demanded an “independent investigation.” On Wednesday, Vice President Kamala Harris walked away from a reporter who tried to ask her about Cuomo. New York Sen. Kirsten Gillibrand lashed out at the media for asking female politicians if he should resign or not. Senate Majority Leader Chuck Schumer wants a “thorough investigation.”
Gov. Steve Sisolak’s office didn’t respond when asked if Sisolak thought Cuomo should resign as chairman of the National Governors Association.
The hypocrisy abounds. If Florida Gov. Ron DeSantis were facing these allegations, there’s little doubt these officials would be demanding his resignation. Just look at how so many of the left smeared Brett Kavanaugh.
But this newfound respect for carefully evaluating evidence instead of rushing to judgment should carry over to a much less powerful group — college students.
On Monday, President Joe Biden signed an executive order paving the way for campus sexual harassment investigations to return to Obama-era guidelines.
In 2011, the Obama administration lowered the standard of proof in these cases from “clear and convincing” to “preponderance of the evidence.” The right of the accused to question the accuser wasn’t guaranteed. If accusers lost, they could appeal, which amounts to double jeopardy. During the Trump administration, the Department of Education issued a new rule that protected due process rights for the accused.
That was much needed because the Obama-era guidance led to kangaroo courts on many college campuses. The accused were often considered guilty until proven innocent and sometimes not allowed to offer witnesses to support their side. For example, Colorado State University-Pueblo suspended a male student for sexually assaulting a female student despite her insistence that their encounters were consensual. She also didn’t file the initial complaint.
People who are guilty of sexual harassment and assault deserve to face consequences. But the point of an investigation is to determine if someone is guilty.
Cuomo has more power than a college student, but that shouldn’t entitle him to more due process.
Contact Victor Joecks at vjoecks@reviewjournal.com or 702-383-4698. Follow @victorjoecks on Twitter.