I found this post in the wake of the recent Nonlinear situation and my own response to it. I think it’s worth stating at least briefly in light of all of that that it seems extremely unwise to me to take serious adverse actions against anyone, or spread rumors from any sort of official position about them, if they do not have the opportunity to hear and understand the allegations against them. There is little more unpleasant than having the people around you suddenly treat you as suspect or evil without any apparent reason, particularly if every attempt to learn the reason is rebuffed.
“EA is not the legal system” isn’t a good response here: the legal system has evolved due process for good reason, and allowing a norm of confidential-from-accused allegations that lead to concrete action will almost necessarily replicate every harm that led to the evolution of due process in the legal system, given enough time. I recognize the complications of victims fearing retribution, but everyone in adversarial situations fears retribution, whether they are a victim, a false accuser, or (as is perhaps most common) someone interpreting an ambiguous situation in a negative light. I think the policy you outline dramatically downplays the harm of restrictive actions taken based on partial, one-sided views of adversarial situations; if confidential-to-the-accused accusations should be acted on at all, they should be acted on with immense restraint and caution.
I broadly endorse your judgment on this topic inasmuch as I’ve observed it, for whatever that is worth. I do want to add the specific note that one of the most serious problems with the process issues is that they led to such an adversarial launching point to the topic that the response was in an unreasonably difficult position from the beginning. Ozy’s article (while being on the whole a defensible view) criticizes the approach of the response quite harshly, but speaking with precision and grace in high-pressure, intensely adversarial situations with an audience primed to distrust you is a specific, rare skill with only limited bearing on someone’s approach in regular times.
You are likely right that a mistrial is unrealistic at this point, but inasmuch as people take the approach you advocate, it’s worth emphasizing the reasons process concerns make putting things together so complicated.