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ALBEMARLE COMMONWEALTH ATTORNEY RACE 2007
supporters of uvavictimsofrape.com endorse candidate
Denise Lunsford
l submitted a
Letter to the Editor of the Daily Progress to support candidate Denise
Lunsford. The paper refused to print my letter. A reporter read it and
contacted me for comments to include in an article, which was printed
on Oct 19, 2007, "Prosecutor
candidates lock horns". Quite disappointed by the article, I
sent him the following e-mail:
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Mr Seal,
When you approached me, you
seemed concerned that what I had to say was relevant to this
issue. For all we spoke about, you did not capture the essence of
my comments and used my name in your article today to provide
Camblos an outlet to appear to be sensitive and caring. Mr Camblos
and Mr Moore did not "meet with us extensively"; rather, Mr Moore
put my daughter through a grueling 2 hour meeting in which he made
her believe the rape was her "fault". Mr Camblos never spoke with
us. I have always maintained that the UVA Police mishandled the
case, and although I have submitted numerous requests for the
police to reopen the case to consider all the evidence that was
omitted to the Prosecutor and to correct the one false report that
was submitted, President Casteen has refused. Mr Moore's comments,
which you are aware of, were unprofessional, condescending, and
added to my daughter's emotional trauma.
I am quite disappointed that you chose not to properly represent
our conversation in your article.
Susan Russell
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"A departure from
principle in one instance becomes a precedent for a second;
that second
for a third; and so on, till the bulk of the society is reduced to be mere
automatons of
misery, to have no sensibilities left but for sin and
suffering."
-Thomas Jefferson to Samuel Kercheval, 1816 
Where is the one location in
Virginia where a man will NOT be punished for committing rape? In
Charlottesville - at the
University of Virginia!
It is a
parent's worst nightmare to learn that their child has become a victim
of crime. That parent's grief is compounded when they realize that the University
President and his Staff refuse to enforce the University, State, and Federal
Laws and policies
that were designed to protect students from becoming victims of sexual
assault (felony crime). I
experienced this nightmare with my daughter and was willing to share
it with the public to illustrate how UVA TURNS A BLIND EYE TO RAPE.
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The purpose
of this website is to inform parents, students, and prospective
students about the way UVA handles sexual assault cases. Although I
share much information about my daughter's case, this site is about
the University and it's failure to act responsibly when a crime is
reported. The problem is bigger than just one case.
Parents should be
aware that the number of reported campus rapes at UVA has increased
greatly over the past few years because of a failed sexual assault
program. As you read through this website, you will realize that
predators remain on campus, go to class, hang out in the dorms. They
go to parties. They target women. Students know who they are. They
are not shunned, not sanctioned, and most definitely, never
expelled.
Unless they get
caught cheating.
This site
began because a third year male raped a third year coed in her dorm
room in the early months of 2004. What is significant about this
case is that the male student was participating in a student club
election. The University did not want negative publicity and
therefore certain staff members, to include the Campus Police, took
minimal action and circumvented the Clery Act and Title IX laws
meant to protect students from harm. Knowing that the Deans "had his
back", this young man allegedly raped another coed in his off-grounds home
while the first case was being heard by the University Judicial
Board. Since the proper Staff members were aware of his predatory
behavior and did nothing, aren't they in part accountable for his
actions?
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UVA considers
itself to be one of the finest schools in the nation, but they do
have a dirty little secret – the University Staff and
students support zero tolerance for cheating but not for rape:
The
young man mentioned above was brought before the Sexual Assault Board twice
(during his 3rd year, and again in his 4th year); the facts
supported two separate allegations of rape against two young female
undergraduates who were not aware of each other's circumstances.
Although found guilty at the SAB, he was not sanctioned and remained
free to roam the campus and prey on other young women before his
final graduation date. Why
did the Administration choose to protect him instead of the female
undergraduates?
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At a campus meeting held on 25
March 2004, the University publicly acknowledged (and was quoted
in the Cavalier Daily) that no one
found guilty of sexual assault during the previous five years
had been suspended or expelled from the University. In contrast,
38 students were expelled for "honor" offenses such as cheating
or stealing in 2003. As of 2006, this statement continues to
be accurate. It is an unacceptable fact to learn that as
the crime statistics for the number of reported rape and sexual
assault cases continues to increase, not one person has been
expelled from the University for committing acts of sexual
assault at any time during the past seven years - even when
found guilty by a Sexual Assault Board.
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As a parent, I expected UVA
Administration to adhere to policy, be in compliance with Federal
Law (Clery Act and Title IX), and most of all, to have compassion
for my daughter when she experienced a life-altering event on their
campus. It didn’t take long to realize that the Deans bent the rules
to fit their whims, arrogantly disregarded the Law, and rather than
show compassion, asked my daughter if she was “ashamed” and
“embarrassed”. They were rude to me and provided false
information to a Freedom of Information Act request that I
submitted. The campus police were unprofessional and incapable of
conducting a proper investigation. Never once did I hear a University Staff member say " We
do not tolerate this behavior on our campus."
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Rape is not about being
ambiguous when providing consent for sex. Rape should not be
confused with sex. Rape is an act of empowerment. Rape is a crime
and the University must react to it as it would to any other crime.
Rape is classified as a Felony crime in
Virginia. Using an administrative solution to resolve and deter
criminal actions is unacceptable! All other campus crime is
handled by the appropriate law enforcement officials in
compliance with the laws of Virginia.
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Had
proper procedures been followed, a second young girl would not have become a
victim of this predator.
Currently, a $6M lawsuit against Ohio State is being debated in the
Courts for this very same scenario. Can UVA accept this type of
liability?
President Casteen has made
public comments that he
“will not tolerate acts of
violence” on his campus.
People approved and felt the matter was settled. He has, however,
snookered the media by releasing a false and misleading statement.
How? The average person considers rape to be an "act of violence".
Therefore, when they read this quote, they believe that rape is not
tolerated at UVA. However, since the University Staff views rape as
a "thoughtless college sexual encounter", and not as an "act of
violence" they have, once again, snookered the media to avoid
negative publicity. The University cannot provide statistics to
support Casteen's remark.
Recently, the University refused to provide an answer to the
following FOIA request: How many students have appeared before the
SAB more than once? The answer would probably alarm us.
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Many man-hours were poured
into protecting the predator rather than supporting the victim.
Why such effort? Because the predator was running for
Student Council President when he raped my daughter. Although
fully knowledgeable of the incident, President
Casteen, Vice President Pat Lampkin, and Dean of Students Penny
Rue were willing to sacrifice my daughter to avoid a scandal.
They did not follow policy, publicly lied, and refused to allow
the Charlottesville Police to assist in the investigation.
As time has passed, several
comments made to me by students and other faculty have brought
me to the following conclusion: The Daisy Lundy assault occurred
prior to this incident; President Casteen often used Daisy's
assault (investigated by the FBI as a Hate Crime) as a prime
example of why the Board of Visitors should adopt his Diversity
initiatives. If the details of this rape were made public,
negative media publicity could affect the funding of his
initiatives. Casteen's priority was to obtain funding - not to
rid the campus of a predator.
Shouldn't the President and his
staff be able to obtain funding for much needed programs at the
same time they are making the campus safer for all women
regardless of their race or ethnic background?
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It was obvious that some form
of
grass roots campaign was needed if UVA was to change the way they
handled this crime.
I began this website with the hopes of exposing the truth and hoping
the truth would bring change.
Within days of launching this website I was shocked to have received
over 100 e-mails from young women telling me their stories. Sadly,
they had all been treated with the same disrespect as had been shown
to my daughter. Many of these women were not "party girls" and many
lost their virginity in repulsive or violent ways. They were willing
to face the indignation of testimony to bring their rapist to
justice, but all were coerced into silence by being told by the Dean
of Students that they (the victim) would be brought before an Honor
Trial if they openly spoke about their assault or the results that
came out of mediation and/or administrative boards. It was clear
that UVA was intent on sacrificing these young women to avoid any
stains to their reputation. Many parent also wrote and wished me
luck for they had tried to obtain justice for their daughters but
failed. It seemed that fighting UVA would most definitely be an
uphill battle. Years earlier, during Parent Orientation, I was told
over and over that UVA was a "Community of Trust" - and this would
be the litmus test.
The media and the students
openly joined with me to bring about change to UVA's Sexual Assault
Policy. Letters were sent to the Office of Civil Rights and the
Dept of Education asking for an investigation into the University's
failure to comply with the Clery Act
(a landmark federal law, originally known as the Campus Security
Act) and Title IX Federal law.
A Silent Protest
was held; nearly 500 faculty and students joined together to protest the Confidentiality Clause
imposed upon victims of sexual assault. The Charlottesville media (The
Hook) and the Cavalier Daily ran numerous stories for months to report on
the injustice imposed upon victims.
In the end, UVA relented and
revised the Confidentiality Clause in the Sexual Assault Policy
(not the entire policy as they have stated to the press). The
Vice President for Student Affairs praised the University as leaders
within the Education Community when the revised policies were
released. The University Public Relations Department put a positive
spin on the policy revision, but
failed to acknowledge the frustration
and anguish experienced by the victims.
The bottom line remains, UVA was not compliant with Federal law and
would have been fined for each violation found by the Dept of
Education if they (UVA) had not revised the confidentiality policy
(reference the fines imposed upon Georgetown University in
the Title IX tab). They did
not do it for any other reason but to avoid a fine.

Many people
have written this website to ask WHY the police did NOTHING when
called upon to investigate my daughter’s rape at UVA? The timeline
shows that 10 days passed between the date my daughter filed a
police report and the date when Detective Coles
conducted her initial (and only) interview with the rapist. My
daughter lived that nightmare for 10 days, not knowing if he even
knew that she had filed a police report. The young man made no
attempt to contact my daughter during those 10 days, reinforcing a
key point that they were not friends, not in any type of
relationship, nor would they be in the future.
He is a predator,
not a man looking for romance. The Detective was unprofessional in
every aspect of the investigation. She did not interview
anyone who spoke to my daughter prior to the rape or in the days
following. She told the predator “not
to worry”, that this was an “administrative matter” and by including
vague statements full of innuendo in her report, she used her
position as investigator to influence the Commonwealth Attorney to not prosecute
this case. The bottom line is that her inability to do her
job had a devastating domino effect on way this case was handled by
everyone in authority and allowed this predator the freedom to
remain on campus. Several
months later, I was at the Campus Police Station and the Detective
made the mistake of stating to me (in a very angry and aggressive
tone) that "I found (him) to be innocent". That comment clearly
demonstrates my assertion that the Detective had overstepped her
position; she was emotionally involved in the case, used poor
judgment, and influenced the Commonwealth Attorney. Why? Her role
was to investigate and gather facts, not be the Judge and
Jury. Although I spoke to her immediate supervisor and Lt Gibson
about her comments, no action was taken. Unfortunately,
as I stated previously, this young man's ability to avoid charges
gave him the freedom to rape another undergraduate
female just a few months later, after my daughter had left the
campus. How many undergraduate males stand
before Sexual Assault Boards twice during their four years? This man
(and his family) has a problem that needs to be addressed by
professionals.
Should my
daughter have turned to the local Charlottesville Police for help?
She couldn’t; they don’t have jurisdiction over Faulkner Dorms. We
tried to make that happen and the Charlottesville Police would have
assisted her. But, unless the UVA Campus Police turn over
jurisdiction, the local Police cannot work the case - and the UVA
Police refused to release jurisdiction. Another example of how UVA
was able to sweep this issue under the rug. I know that the case
would have turned out much differently had the UVA Police allowed
the local police to investigate this crime - and a 2nd girl would
not have become yet another victim of this predator.
Should the
Dean of Students have assisted my daughter with pressing charges? Yes,
they should have. It’s part of the protocol of their Sexual Assault
Policy. It was easier for them to pressure my daughter to do nothing
and insinuate that she might have made a mistake.
The only solution they offered was an administrative Sexual Assault Board.

Annual
statistics provided by the state universities reveal that the number
of reported rapes at UVA is among the highest in the state. Although the number of reported rapes has increased,
many students and parents are unaware simply because
the University does not inform
the student population when a sexual assault is reported;
the
Clery
Act requires schools to make timely warnings to the campus community
when crimes occur.
UVA has repeatedly violated this law.
In
addition, the Crime Log now used the term "suspicious circumstance
in XXX" rather than detail the crime as it is recorded - so a
review of the crime log no longer presents any serious crimes. For
example, my daughter filed a report which states the reported crime
as "rape". The web-based
Crime
Log entry records the crime as "sexual assault". Weeks later,
the Crime log records were changed to "suspicious circumstance".
After a few phone calls with Lt Gibson (promoted to Chief in 2006)
and letters to Pres Casteen and Mr Sandridge, the Crime Log was returned to
the correct wording. Shortly thereafter, I received a letter from
the University stating that I was in error, that the Crime Log had
never been changed! Not only did the University violate the Clery
Act, they had the audacity to try and cover it up! It's easy to see how parents and
Investors can review the Crime Log and come away thinking that there
is no serious crime at UVA.

When the campus Police fail in
their duties, the sexual assault victim also becomes a victim of
poor University standards. To remedy this situation,
House Bill 154
was introduced during the 2006 Virginia Legislative Session by
Delegate Ken Alexander, D-Norfolk. This Bill's focus was to mandate
that local law enforcement have primary jurisdiction when
felony crimes (rape and murder) occur on college campuses.
Unfortunately, the Bill was absorbed into HB1036, requiring Campus
Police to be better trained. The Lawmakers did not understand the
complexities of HB154. UVA is now publicizing that their campus
police are a standard for the Nation. God Help us All. 
Another misunderstood aspect is
the court system. Many people have written this website and said
"Just take him to Court." Civil Court and Criminal Court do not have
the same penalties:
If the UVA Police properly
investigated and referred this case to the Commonwealth for
prosecution, it would be a Criminal Case; the victim is
merely a witness for the Commonwealth and has no attorney fees.
There is no statute of limitations
for prosecution. The Standard
of Proof required in a criminal case for a guilty verdict would be
"Beyond a Reasonable Doubt",
meaning that the prosecutor
must prove his/her case to the point that the jurors have no
reasonable doubts in their minds that the defendant did whatever
he/she is charged with having done.
A guilty verdict would probably
include jail time.
In a Civil Case, the victim
must hire a lawyer to sue the defendant and prove that a crime was
committed. The statute of limitations for filing a case is 2 years
and may cost a victim
$50,000-$150,000 to bring suit against the defendant,
without any guarantee that the Court could recover attorney fees.
Very few undergraduate females have that type of monetary reserve to
pay an attorney and as a result, unless an attorney is willing to
gamble that the percentage of damages won will cover all legal fees,
most victims simply cannot afford the cost of taking the case to
trial. Ironically, the legal
fees for the accused can be paid for by his parent's Homeowners
Insurance Company. Therefore, he can protract the litigation knowing
he doesn't have to pay legal fees.
The Standard of Proof required in a civil case for a guilty verdict
would be
"Preponderance of Evidence", which
means that it is more likely than not that the victim's contention
is true. A guilty verdict can not include jail time, only monetary
compensation for proven damages.
The structure of the Sexual
Assault Board (SAB) requires immediate review. Title IX Federal
Law mandates that the only Standard of Proof that can be used by a
school tribunal when
determining guilt is "Preponderance of Evidence", however
the UVA Sexual Assault Policy clearly states that the Standard of Proof
for a guilty verdict shall use the next higher standard, "Clear and Convincing".
UVA is clearly in violation of Title IX Law.
How does this affect the students? The process currently
allows
untrained SAB Jury Panel members to use a higher Standard of Proof for
determining
guilt than would be used in a Civil Court. Interesting. And illegal. |
If you have participated in any
college tribunal that required the Jury to apply the higher Standard
of Proof, you should immediately contact this website and the Virginia Dept of
Education and the Office of Civil Rights. Your rights may have been
violated.

Why is the University so
willing to expel students for cheating, yet allow students guilty of
sexual assault to remain on campus?
UVA is a proud academic
institution, and also a wealthy institution that boasts of a $3Billion Endowment Fund. The
University turns out successful graduates.
But even among the affluent and educated, there are those who don't
deserve to wear the honors of Honor, to be an alumni of Virginia. |
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Below is an excerpt
from a letter sent to us by a 2004 UVA Graduate. Her anguish and
frustration speaks for so many victims; her comments clearly indicate WHY this site is
important:
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I was raped by a medical student in February 2004. When I told the
Dean of the incident and heard about the option of taking him to trial
with the Sexual Assault board here at UVA, I was told the procedure
would take four to six weeks. I am a fourth year here at UVA, and I
just received an e-mail letting me know that the trial is tentatively
scheduled for the day after my graduation at 9:00 a.m. ... I am
appalled that it has taken so long to arrange this trial. I am
exhausted in every sense of the word, and I have thus decided to drop
the trial. I cannot drag this painful situation on any longer than it
has already been. I am enraged that he is getting away with the worst
crime that can be committed against a female. I am enraged that he is
hiding behind his lawyers and the facade that he is a devout Christian
... But most of all, I am tired and disappointed. I have tried to be
an upstanding member of this university, and I feel that it turned its
back on me when I needed it the most... |
You are Visitor
since March 21, 2004.
Refresh your browser to keep up with site changes.
This site is dedicated to all UVA
Survivors of Sexual Assault.
Your efforts to bring about justice will eventually bring change to the
University,
even when you believe your current efforts have been in vain.
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"EVEN
IF YOU LOSE, YOU'VE ALREADY FACED YOUR ATTACKER AND NAMED HIM FOR WHAT
HE IS ... A RAPIST." |

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This website was
created to inform
Parents, Students, and Alumni about the
University of Virginia's ineffective response to the crime
of sexual assault. Support
"ZERO TOLERANCE FOR RAPE!"
Alumnae and Undergrads:
We are seeking information on the following:
1) Witnesses for a pending lawsuit that involves a UVA
Alumni. If you (or someone you know) were made to have non-consensual sex with
the male pictured on the homepage anytime during 2003-2006, you
may be able to provide key evidence for an upcoming civil trial.
2) Survivors - Did you take your case to the Albemarle Commonwealth
Attorney Rick Moore, only to be turned away? Were you upset by any of the comments
made to you by the Police or Commonwealth Attorney's office? During a Take
Back the Night Rally, several women shared comments about the comments
made to them by these offices. We'd
like to chat with these women and explore the similar way the cases have
been handled.
Contact us
immediately because IF YOU STAY SILENT, NOTHING WILL CHANGE. ALL
comments and tips will be treated with complete anonymity. Send your
e-mail to
uvarape@cox.net.
It's the right thing to do.
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Contact
uvarape@cox.net
Created to support all UVA Victims of Rape and Sexual Assault.
Site Information last updated on 30
Aug 2007.
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