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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:
 

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
 

Jefferson would not appreciate the current debate over the meaning of Honor

"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.

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?

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?

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.

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."

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.

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.

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?

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.


APRIL 16, 2007: MASSACRE AT VIRGINIA TECH
Would HB154 have made a difference?
CLICK HERE for MORE INFO

 

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.

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:

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...

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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.

2 SABs in 2 YRS, 3 Appeals - Penny Rue needs to explain why??

"EVEN IF YOU LOSE, YOU'VE ALREADY FACED YOUR ATTACKER AND NAMED HIM FOR WHAT HE IS ... A RAPIST."

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.

Women pay the University for an Education, not to become the victims of CrimeTake Back the Night 2005 at UVAIt is illegal for the Administration to silence victims by telling them that they will be brought up on Honor Charges if they speak about their assaultUVA Turns it Back on Rape -- Read the HookStudents and Faculty join together in a Silent Protest

 

Contact uvarape@cox.net 
Created to support all UVA Victims of Rape and Sexual Assault.
Site Information last updated on
30 Aug 2007.