Is this the time to consider again how strange were the novel and the film, Lolita?
I’m Not Convinced Franken Should Quit
Zero tolerance should go hand in hand with two other things: due process and proportionality.
As citizens, we need a way to make sense of accusations that does not depend only on what we read or see in the news or on social media.
Due process means a fair, full investigation, with a chance for the accused to respond.
And proportionality means that while all forms of inappropriate sexual behavior should be addressed, the response should be based on the nature of the transgressions.
Both were missing in the hasty call for Senator Franken’s resignation.
. . . .
[H]ere’s what a fair system might look like: Congress should empower an independent arbiter to investigate complaints — like a Government Accountability Office, with trained experts in the field.
Clearly understood mechanisms for reporting should be established.
A timetable should be set that ensures complaints receive a prompt response.
Both the accuser and the accused could submit questions and would have access to trained advocates and free legal consultation.
The independent arbiter would then make a nonbinding proposal addressing what happened and what should be done.
It could include a call to resign or for censure, or a range of other responses tailored to the findings.
This isn’t just about Senator Franken.
Other lawmakers have also been accused of harassment.
We need a system to deal with that messy reality, and the current one of investigating those complaints is opaque, takes too long and has not worked to protect vulnerable women and men from harassment.
And the current alternative — off with the head of the accused, regardless of the accusation — is too quick, too easily subject to political manipulation and too vulnerable to the passions of the moment.
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