Serious question. If a parent finds out his or her drunk college child was raped on campus, will the parent immediately chastise his or her child for drinking in the first place or will he or she instinctively condemn the rapist? Some logical parents will consider the former, but most concerned parents will resort to condemning their baby’s enemy. Psychologist Daniel Goleman referred to this phenomena as an amygdala hijack.
During an amygdala hijack, the part of the brain responsible for producing feelings of fear and anger, the amygdala, overshadows a threatened person’s ability to think or respond rationally. Get this: the amygdala also controls a person’s empathy. So, don’t be surprised if you witness angry parents willing to Mike Tyson their child’s rapist’s ear off.
Here’s the infamous Mike Tyson amygdala hijack:
Poor Evander Holyfield. Now compare Tyson’s bellicose punches to the amygdala hijack of a perturbed father:
Synonymous to parents who are sure to abandon rationale for the glory of their own children, university officials on a college rape tribunal are sure to defend the reputation of their institution over sympathetically defending the true victims of a rape accusation.
Such empathy is depicted in the case of Xiaolu “Peter” Yu of Vassar College. Yu was expelled by the college rape tribunal at Vassar College despite social media evidence that the supposed rape “victim,” Mary Claire Walker, admitted to initiating the sex. According to her Facebook messages to Yu, Walker had a “wonderful time” taking Yu’s virginity which she claimed to be something she “[knew] how to do.” What a sweet, innocent victim right? Well it’s no doubt the belief of the college tribunal who were the comrades of Walker’s father, a professor at Vassar College. Smells fishy? That’s because it is illegal according to the U.S. Constitution.
According to the 6th Amendment on the U.S. Constitution’s Bill of Rights, “the accused shall enjoy the right to a speedy and public trial, by an IMPARTIAL jury of the State and district.” If college rape tribunals are sentencing the accused rapists to expulsion—a ticket into a failed future and possibly an impediment to future college applications—then the accused should be entitled to an impartial jury. When I say impartial jury, I mean a jury that has no prior connections to neither the defendant nor the accused.
An impartial jury is imperative to a fair trial. I see this every week at the local police station where I serve as the lead defense attorney for the North Carolina Teen Court Association (NCTCA). Teen Court is a volunteer program designed to give first time offenders (ages 16 and under) a second chance with the law. It is a real court for real juvenile crimes (e.g. bringing a weapon on school campus, fighting, drug/alcohol possession, theft, and vandalism). In Teen Court, jury members are only allowed to impose verdicts on defendants they do not know. If a jury member recognizes or knows even the slightest rumors about a case, he or she is immediately removed from that case’s jury. This screening process ensures the jury is an impartial, legal one.
Partial college rape tribunals are not limited to small liberal arts colleges in New York. Check out this lengthy list of American higher education institutions with open Title IX sexual violence investigations posted by the U.S. Department of Education:
State | Institution |
AZ | Arizona State University |
CA | Butte-Glen Community College District |
CA | Occidental College |
CA | University of California-Berkeley |
CA | University of Southern California |
CO | Regis University |
CO | University of Colorado at Boulder |
CO | University of Colorado at Denver |
CO | University of Denver |
CT | University of Connecticut |
DC | Catholic University of America |
FL | Florida State University |
GA | Emory University |
HI | University of Hawaii at Manoa |
ID | University of Idaho |
IL | Knox College |
IL | University of Chicago |
IN | Indiana University-Bloomington |
IN | Vincennes University |
MA | Amherst College |
MA | Boston University |
MA | Emerson College |
MA | Harvard College |
MA | Harvard University—Law School |
MA | University of Massachusetts-Amherst |
MD | Frostburg State University |
MI | Michigan State University |
MI | University of Michigan-Ann Arbor |
NC | Guilford College |
NC | University of North Carolina at Chapel Hill |
ND | Minot State University |
NH | Dartmouth College |
NJ | Princeton University |
NY | Cuny Hunter College |
NY | Hobart and William Smith Colleges |
NY | Sarah Lawrence College |
NY | Suny at Binghamton |
OH | Denison University |
OH | Ohio State University |
OH | Wittenberg University |
OK | Oklahoma State University |
PA | Carnegie Mellon University |
PA | Franklin and Marshall College |
PA | Pennsylvania State University |
PA | Swarthmore College |
PA | Temple University |
TN | Vanderbilt University |
TX | Southern Methodist University |
TX | The University of Texas-Pan American |
VA | College of William and Mary |
VA | University of Virginia |
WA | Washington State University |
WI | University of Wisconsin-Whitewater |
WV | Bethany College |
WV | West Virginia School of Osteopathic Medicine |
Did any of the listed institutions surprise you? I was almost in disbelief that the University of North Carolina in Chapel Hill was on the list. Perhaps, my reaction was an amygdala hijack that caused me to irrationally rule out the possibility of a university so near home—I even spent a weekend there over the summer—to be a harmful environment.
Whether you are a college student, a high school student, a parent, a teacher, etc., recognizing the presence of sexual harassment merely touches the surface of the issue. If we want to prevent rapes on college campuses, then it’s time to serve justice impartially—and I’m not referring to a college tribunal.