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University of Warwick suspends 11 students over rape jokes

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Because you made a statement that was incorrect. You stated that you believed that the HRA was not engaged with the right to practice a profession. It is open to me to challenge that statement with any example where the right to practice a profession engages the HRA. It doesn't have to be example you are thinking of.






First of all the fact that in the two earlier cases I cited the HRA was assumed to apply to entry into a profession (and there are other cases with similar assumptions) neither proves or disproves that it does apply but leans in favour that it does apply (because lawyers on both sides and the neutral judge share the same assumption).

If the HRA did apply it would not cause the problems you identify because Article 6 is about process. I do not have the right to be a doctor if I am bad at physics but I do (if the HRA applies) have the right to have my qualifications in physics judged against objective criteria.and ultimately by independent persons.



I don’t overlook this at all. Students, for example, make targeted jokes about their professors. According to the dignity policy, this would be a violation of the rules. But, we don’t see such proceedings taking place; nor would we likely see them as appropriate when the joke was made in private.


I don't accept this. I think jokes about professors if virulent enough and sustained enough could well result in disciplinary action.




But they weren’t being offensive to the other students. If I say to Joe that Mary is fat, in a private text message, is that offensive? Who determines offensiveness? And what type of offensiveness qualifies? No one is being bullied or harassed here.



It very possibly amounts to harassment. For the purpose of the Equalities Act 2010 harassment has to relate to a protected characteristic to be actionable. In the example you give it would only do so if, for example, you wouldn't have called a man "fat". However, whether the subject matter of the harassment is actionable, is besides the point on whether the conduct is harassment.

You have engaged in conduct which we can infer was unwanted.

Did it create an "intimidating, hostile, degrading, humiliating or offensive environment". One isolated fat joke; "no"; a campaign of "fat" jokes about her; "yes".

We have to take into account Mary's perception. Does she have any perception of the joke? Does she really know absolutely nothing about it at all? Most people know something about "whispering campaigns" even if they do not know what is being said.

We also have to take into account the circumstances of the case. So is Mary making "small willy" jokes about you in a mutual culture of banter? The important word there is "mutual".

Finally, we have to consider whether it was reasonable for the "fat" joke to have the effect of creating the "intimidating, hostile, degrading, humiliating or offensive environment". That is probably satisfied.
(edited 5 years ago)
Original post by Axiomasher
Decent people, you know what they are? Decent people will never find amusement in rape. The Queen would be horrified to hear of your defence of this, as would your mother no doubt. Anyone who goes out of their way to participate in 'jokes' that over and over again suggest that rape is fun are very suspect. If the Queen reads this post, and I hope she does, then you will not be getting an invite the the next Garden Party.


Again, what the Queen sees as acceptable has little significance on the average person, looking at how she would find using the wrong spoon for soup as disrespectful. Just because something is unpopular doesn't mean it wrong. Im sure many other people would agree with me, so it negates your point.
Geez, the new left is like Puritans, just even more humourless, with none of the virtues and even more authoritarian and evangelistic, and hypocritical. So full of faux concern and selective outrage.
Original post by That'sGreat
...Just because something is unpopular doesn't mean it wrong...


And it doesn't mean it isn't wrong, very wrong, either. Would you be happy to tell your mother that rape jokes are cool? Jokes that go on and on and on about how funny or cool it would be to rape this student or that student? Go on, go ask her now, she's right behind you, brushing your hair.
Original post by Axiomasher
And it doesn't mean it isn't wrong, very wrong, either. Would you be happy to tell your mother that rape jokes are cool? Jokes that go on and on and on about how funny or cool it would be to rape this student or that student? Go on, go ask her now, she's right behind you, brushing your hair.


Can I just say that I would.
Original post by That'sGreat
I understand the need for the university protect their reputation.Im more interested in whether society should actually be offended considering the initial intentions, and i feel it ties closely to cases such as the Count Dankula (though obviously that differs in circumstances)


I think that would differ because they wouldnt be subject to the universities policies.

If it were just members of the public, then that would be a matter for criminal law. You could also be looking at some form of libel in connection with the identified students.

There comes a point where society stops laughing I think and it takes on a darker tone about normalised values.

I always thought with Duckula the dog was a bit of a red herring and the tipping point was the "gas the jews" statements.

"On the whole evidence..I found it proved that the video you posted, using a public communications network, was grossly offensive and contained menacing, anti-Semitic and racist material."

He is appealing and that will be better to get it before a higher court, so we may get some guidelines. I doubt the right to offend others is without limits.
Original post by Notoriety
Can I just say that I would.


Then please do and offer us a quote as to what she said in reply, I'll trust you.
Original post by Axiomasher
And it doesn't mean it isn't wrong, very wrong, either. Would you be happy to tell your mother that rape jokes are cool? Jokes that go on and on and on about how funny or cool it would be to rape this student or that student? Go on, go ask her now, she's right behind you, brushing your hair.


I must say, I admire the way you don't ever quote my whole statement, even when I raise a point that would immediately answer your question.

Not all rape joke are funny, some may be, especially in the right context. Whether or not my mother finds them funny is irrelevant, she's one person - someone else will find the funny which makes your argument invalid.

Im surprised you haven't already whipped out the 'if your mother was raped would you be laughing' kind of argument, because thats where it seems to be heading with you.
Original post by Axiomasher
Then please do and offer us a quote as to what she said in reply, I'll trust you.


I like how you think because you and your family live a nasty sheltered existence everyone must.
(edited 5 years ago)
Original post by That'sGreat
I must say, I admire the way you don't ever quote my...


So I guess your mother wouldn't find jokes that go on and on about raping students funny. Why not, off the top of your head?
Original post by Notoriety
I like how you think because you and your family live a nasty sheltered existence everyone must.


So you actually up for it or nah?
lolcow galore.
Original post by Axiomasher
So you actually up for it or nah?


I feel like I have gone back to being 15, and people are daring me to find my mam's dildo and take a sniff. Only if you triple dare me!
Original post by Notoriety
I like how you think because you and your family live a nasty sheltered existence everyone must.


More like not every family are ***** that think being edgy is cool and if you aren't vile you must be sheltered. But hey, each to their own.
Original post by yudothis
More like not every family are ***** that think being edgy is cool and if you aren't vile you must be sheltered. But hey, each to their own.


Ahh, so you are firmly in the sheltered category and trying to fight out of it by taking on the liberal families?

The liberal families would sock you one for getting lippy, but we have real-world stuff to be getting one with. Gotta get that tax return back by October and need to get on the blower with my upholsterer.
Original post by Notoriety
Either 1 tasteless joke is wrong (and by extension 100 SCs of them are wrong) or 1 tasteless joke is not wrong (and by extension 100 SCs of them are not wrong). I don't see how the large number changes anything, other than perhaps suggesting these were not said "for joke reasons". In that case, I think the university should be more concerned with rapes these students have committed and less concerned with jokes said in a private chat.

@999tigger did you put this poll on? Mediation? I think you've been doing too much of ACAS grievance advice. "Causes actual harm" because it concerned particular students -- wrong. Those students would not, in the expectation of the posters in the GC, have ever seen the info.

Interest that I mention ACAS, the process of grievance meetings are underpinned by natural justice, so an employer cannot behave contrary to this. The university should review the messages in vacuo and use the principles of natural justice to objectively assess the situation, and the specific culpability of participants' particular acts and so on, and should not consider reputation (which does not depend on the in vacuo culpability of the participants, namely because the participants never expected the private information to be leaked (nor should they have an expectation such information might be leaked, unless those jokes are inherently in vacuo culpable)).

I disagree that it normalises behaviour, because tasteless jokes are told because they are shocking. They are based on a societal rejection of an idea, a rejection you implicitly have also, which you shock others by exploiting for humorous effect. If it were "normalised" then it would not be shock humour. It would be making a joke about a kettle, inherently normal and not shock worthy. Its being normal would mean it would lose shock value. I can only see one scenario where people might joke about this even though they do not find it shocking, and that is when it involves genuine rapists. I find it rather unlikely these students are monsters of this order.



So do you apply that reasoning to everything?

One pint a week is not wrong, so by extension 50 pints a week is not wrong. Or the only other alternative is one pint a week is wrong, and so 50 pints a week is wrong.

Don’t be so obtuse, what a poor argument.

One instance is not suggestive of underlying attitudes and behaviour. It’s a one off, just like if a person lost their tempter and shouted as a one off. Multiple and consistent instances of a behaviour is suggestive of attitudes and character. Just like how losing ones temper and shouting multiple times a day, versus the one off.

You can’t be so obtusely black and white about human behaviour, it’s illogical.
(edited 5 years ago)
Original post by Notoriety
I feel like...


I feel like you said something you didn't really mean.
Original post by Waldorf67
So do you apply that reasoning to everything?

One pint a week is not wrong, so by extension 50 pints a week is not wrong. Or the only other alternative is one pint a week is wrong, and so 50 pints a week is wrong.

Don’t be so obtuse, what a poor argument.

One instance is not suggestive of underlying attitudes and behaviour. It’s a one off, just like if a person lost their tempter and shouted as a one off. Multiple and consistent instances of a behaviour is suggestiv of attitudes and character. Just like how losing ones temper and shouting multiple times a day, versus the one off.

You can’t be so obtusely black and white about human behaviour, it’s illogical.


Reductio ad absurdum. We were talking about the repetition of jokes, not drinking. Until drinking becomes in itself strictly a joke, perhaps it might be if you're a satirist en route to Edinburgh Fringe wishing to decry Broken Britain's fixation on the bitter, my argument shall not apply to it and your supposedly witty riposte should be terribly myopic. Good day to thee.
Original post by Axiomasher
I feel like you said something you didn't really mean.


So you're not going to triple dare me. The meek will inherit the earth indeed.
Original post by Notoriety
So you're not going to triple dare me. The meek will inherit the earth indeed.


Dude, you're the one who suggested you would ask your mother, you suggested it. Now, was that just your usual BS or are you going to do the thing you suggested you would?

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