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Mar 31, 2015
12:24:55pm
RE: not sure you understood what principle I was talking about
Here's the part I disagree with:

"they are merely the tool the school uses to find out about the misconduct which the school then uses to form a basis for expulsion."

In one instance, such 'tools' are subject to legislative limits on discovery, Constitutional protections against unlawful search and seizure, and civil suits in the case of prosecutorial misconduct. In other words, we rightfully have some degree of confidence in relying on that kind of information, knowing that there are substantive protections in place to prevent abuse of the power of the prosector. In the other case, the accused has no right to face his accusers, the Honor Code office relies on "evidence" that would be inadmissible in court, and there are little to no avenues for redress against a Bishop that oversteps his bounds.

And I'm not saying you or any other prosecutor can't or shouldn't rely upon the Spirit. But if that's all you have, its worthless. For a Bishop, however, such reliance can and should form the basis of most of his decisions.
Linescratcher
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Linescratcher
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