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February 25, 2004 [feather]
Due process and domino effects

Here's an extreme example of how the "guilty until innocent" approach to campus sexual misconduct accusations can play out for the accused.

In this unfolding tragedy, Shaoqiang He came to the U.S. from China in the 1990s in order to undertake graduate studies at the University of Memphis. He was expelled in 1998 after a female student accused him of fondling her. Having lost the graduate stipend they were living on, He and his wife then entered such dire financial straits that they surrendered their daughter to foster care, thinking they could get her back when their circumstances improved. The Hes supported themselves by working in Chinese restaurants while they awaited trial. At the trial, He was acquitted. But that is not a happy ending to an awful story.

Not only has He's career been destroyed by an accusation that proved baseless, but the foster parents are moving to adopt the Hes' daughter. The Hes are now embroiled in a nasty custody battle, which in turn is the only thing staving off their imminent deportation.

Had officials at the University of Memphis accorded Shaoqiang He due process, had they held firmly to the tenet that in this country a person is always innocent until proven guilty, he would not have been expelled on the basis of an accusation. He would not have been deprived of his education, he would not have had his career prospects ruined, and he would not have lost his daughter.

One hopes He's accuser is satisfied. And one hopes the Memphis administrators who trampled He's rights in their eagerness to prove their commitment to women's safety will take a moment or two out of their busy days to reflect on what they have done.

The Hes plan to return to China after the dispute about their daughter is settled.

Thanks to Steven Den Beste for the link.

posted on February 25, 2004 8:50 AM