I woke up with some odd questions this morning:
- Are public state universities an agency of state government?
- If so, are they subject to equal protection and other Constitutional protections in the same manner as other government agencies?
- If they are, could their employees be in legal trouble for promoting one political candidate or perspective at the expense of another?
- How would this impact on-campus efforts to punish wrongdoers like students accused of sexual assault and other crimes?
- How would this impact incidents where victims of crimes like sexual assault are turned away and discouraged from contacting law enforcement?
- How would this impact such things as ‘campus carry’ if the state bans concealed carry in other state facilities?
These are the kinds of things my brain comes up with in my sleep. Anyway, I’m going to get some coffee and ruminate. Please let me know what you think in comments.
DaddyBear’s Den 
cspschofield
/ January 15, 2017“Are public state universities an agency of state government?”
My understanding of legal precedent (IANAL) is that they are not considered private institutions. They have to behave as part of the government.
“If so, are they subject to equal protection and other Constitutional protections in the same manner as other government agencies?”
So, yes.
“If they are, could their employees be in legal trouble for promoting one political candidate or perspective at the expense of another?”
Arguably. Don’t expect to see it before the whole Educational Progressive Incest Complex decays a good deal further.
“How would this impact on-campus efforts to punish wrongdoers like students accused of sexual assault and other crimes?”
The on-capus sex-crimes investigation thing is SUCH a cluster*ck. Right now the doctrinaire Feminist Progressives are driving it, straight into the ground. I expect a couple of cases where clearly guilty parties get acquitted because on-camus ‘investigation’ completely tainted any evidence, and totally violated the rights of the accused before the trend even begins to reverse.
“How would this impact incidents where victims of crimes like sexual assault are turned away and discouraged from contacting law enforcement?”
Right now, weirdly, the trend is to embrace the victims, and discourage them from contacting law enforcement. As I alluded to in the last paragraph, this results in violated rights, botched investigations, and tainted evidence.
“How would this impact such things as ‘campus carry’ if the state bans concealed carry in other state facilities?”
Again, IANAL. That said, if a State passes a laws specifically stating that ‘campus carry’ is legal, then I expect that is as valid as a law that bans firearms from one class of State facility, such as courts.
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heroditus huxley
/ January 15, 2017And that leaves out such gems as speech codes…
The university where I work has one that states that, outside of a 50 square foot wedge of grass on one side of the building that houses the snack bar, bookstore, campus housing and activities office, and clinic, you cannot exercise your God-given, Constitutionally-protected right of free speech. I had a couple of my students reprimanded officially because they argued pro-Trump on campus last semester, outside of that tiny area.
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Old NFO
/ January 15, 2017AFAIK, cspschofield is correct, sadly the left wing loonies driving the issues don’t seem to ‘like’ to actually obey the state laws. HH is also correct in that many campuses have a VERY small free speech area, and even that must be pre-approved… sigh
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daddybear71
/ January 15, 2017Thanks, guys. Between the daughter going off to a relatively sane state college and the meltdown since November, issues like these have been going over in my head.
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Suz
/ January 15, 2017Yes, in my opinion, if it is a state university, and public taxpayer dollars are used by the institution to meet some expenses, than it needs to be governed by the State Constitution. Which hopefully is based on the Federal one.
No, their employees should not be allowed to pressure their students on their political views. They should be teaching critical, logical thinking and fostering the ability to make intelligent decisions. Both sides of history should be presented, and unintended consequences should be explored. College is when you are supposed to be exposed to a variety of viewpoints, and learn to pick the ones you like and want to follow. Sometimes you just have to politely agree to disagree, and other times, you just have to learn to hold your tongue and let it go. The same sort of thing as we grown-ups face at work daily. You don’t have to be buddy-buddy with the teachers, you just have to learn from them and pass the class. You can learn both how to do as well as how not to do things from teachers.
Any sexual assaults or other crime allegations should be handed over to the local police, not the campus cops, to be investigated. They should have fewer potential conflicts of interest than the college when a student athlete is involved. The university needs to make VERY clear to all students what is acceptable and unacceptable behavior and then be sure to enforce the rules equally for/to all. My vote is if someone is found to have committed any sexual crime, they should be kicked out. Jail will allow them to finish their degree.
So far as concealed carry goes…my first thought is always if it’s concealed, than no one should know that you are carrying unless you pull it out for some (very good better to ask forgiveness than permission) reason. However, when living in a dorm, with a roomie who was most likely raised quite differently than you, it is smarter to follow whatever the local rules/laws are, if for no other reason than you don’t want to meet the local cops in a professional role. Having said that, there are many other ways to protect yourself, especially if you are 18 and female.
Mace, situational awareness, martial arts, not drinking too much, staying with a group, listening to your gut and being smart about who you hang around with (lay down with dogs, get up with fleas), stay away from drugs, how to manage her money, etc.. are all good lessons/lectures to hear before going off to college. For both boys and girls.
You can send her off with an emergency pack (flashlight, batteries, water filter, some (dry, ugh I’d never eat that) food, some cash in sealed envelope, phone card, change of warm/sturdy clothes) and put it in back of her closet with some wasp spray to be used only in VERY dire emergency. Along with very specific directions on what to do in that situation.
Bottom line, no matter what, you WILL worry, but the fact is you and Mrs Bear have had her for the past 18 years, and she did learn a lot of stuff from you guys. In a chips down situation, she will rely on those lessons. Make it clear, she is to work, not play around, and she can always call home for advice. Treat her like the adult she is becoming and she will do just fine.
My two cents.
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