A college is not a criminal court and thus its judgments have no bearing on a criminal case and cannot give criminal sanctions. However, colleges have a responsibility to keep their students safe. Recognizing that a student is the perpetrator in a rape is a step towards protecting other students. If there is sufficient evidence and severity, the college should be able to remove a rapist from campus.
Under US federal law, colleges are actually required to investigate accusations of rape on campus and sanction students found responsible.
2 things bother me so much about this conversation, 2 questions that are never really answered:
Why is alcohol allowed on college campuses? Are we here to drink, or here to learn ?
Why are colleges allowed to judge a crime ( sexual assault, rape )? If there is a murder, you call the cops, not the college. Why is it different for rape? In fact, if there is a report made to the college, they should be legally require to notify the police.
The seem to me such obvious things.
The final arbiters of guilt or non guilt in our society are the courts of law. That is where evidence should be presented, argued and a verdict reached, followed by a sentence. If the evidence proves the rape happened, then the college should proceed with its own penalties concurrently with the criminal ones.
We have a criminal law system. If a person is found guilty of rape and the college wants to respond by removing any chance of the person once out of jail going back to college then that's a reasonable response. But the college should have no right to declare someone guilty when the criminal law court says the person is not guilty.
No, I believe that colleges should not be allowed to judge rape accusations. Allowing colleges to judge rape accusations would be giving colleges the right to legal jurisdiction over citizens of the United States, a power which should only belong to the government. A college is more worried with face and stature than it is with the victims of rape, and if colleges were allowed this right to judge accusations, not even a tenth of the accusations would make it to the District Attorney/proper investigative authorities.
Criminal charges should be handled by the criminal justice system, starting with the police. Determination of criminal guilt should not be managed by a college, but by a court of law and a jury. Rape is far too serious a matter to trivialize it by taking it out of the hands of the justice system.