In December 2005 the National Institute of Justice released a report detailing research into sexual assault on the campuses of America's universities and colleges and school compliance with reporting requirements under Federal law. According To this study, only a third of colleges report sexual assault properly. Recently at UVA, after a young woman reported that she'd been raped to the UVA Campus Police, the University Crime Log entry, viewable on the web, listed the crime as "sexual assault in Hench dorm". Weeks later it was changed to "suspicious circumstance in Hench Dorm". When the campus Police were questioned, the spokesperson admitted that the log had been changed and had it returned to the original wording: "sexual assault". It is a violation of the law to alter this official University crime log. If you've reviewed the Crime log recently, you will notice that a large number of crimes are given the ambiguous label of "suspicious circumstance". The spirit and intent of the law is to report the crime accurately.

UNIVERSITY OF VIRGINIA CLERY ACT COMPLAINT
SENT TO THE US DEPARTMENT OF EDUCATION
1 November 2004
 

Dear Ms. Klingler:

It has been brought to our attention that the University of Virginia's
sexual assault response policies and practices appear to conflict with the
federal Jeanne Clery Act's requirement, found at 34 CFR 668.46
(b)(11)(vi)(B), that the accuser "without condition" be "informed of the
outcome of any institutional disciplinary proceeding brought alleging a sex
offense."

Specifically, in a complaint filed with our organization, a sexual assault
survivor from UVA states that both her participation in the disciplinary
process itself and her being provided the outcome of it were made contingent
upon her orally agreeing to keep the entire process confidential. Further,
if she failed to keep the entire process confidential she faced the barbaric
possibility of disciplinary charges herself, and presumably continues to
face such action. A copy of this complaint is attached for your reference.

As you know, in a similar case involving Georgetown University your agency's
central office in Washington, DC held earlier this year that an institution
"cannot require an alleged sexual assault victim to execute a non-disclosure
agreement as a pre-condition to accessing judicial proceeding outcomes and
sanction information under the Clery Act." You can access a copy of this
ruling, as well as the initial complaint in that case on our web site at the
following addresses respectively...

http://www.securityoncampus.org/reporters/releases/degioia071604.pdf

http://www.securityoncampus.org/reporters/releases/georgetowncomplaint.html

While the University of Virginia does not require the execution of a written
agreement, as in the Georgetown case, requiring an oral agreement and or
notifying the complainant that they would face disciplinary action if they
redisclose any information, including the final results, is effectively no
different (conditions are being placed on receipt of the outcome) and are
thus also prohibited by the Clery Act.

The University's policies, however, unambiguously state that such
non-disclosure requirements are imposed on students who accuse another
student of sexual assault. Their "Procedures For Sexual Assault Cases" at
paragraph II.D(2) holds that:

"The identity of the reporting or accused student and any formal discipline
resulting from the hearing, may not be publicly disclosed by any participant
in the hearing process, either directly or indirectly, except where
disclosure may be authorized by law or disclosed in connection with duties
on behalf of the University."

Source-http://www.sexualassault.virginia.edu/uva_policies.htm#sab

An abbreviated version, omitting the prohibition on disclosure of the
outcome, of this policy statement is repeated in the University's Clery Act
mandated annual campus security report. The Clery Act version states:

"The identity of the reporting or accused student may not be publicly
disclosed by any participant in the hearing process, either directly or
indirectly, except where disclosure may be compelled by law or disclosed in
connection with duties on behalf of the University."

Source-http://www.virginia.edu/uvapolice/policies.htm

While the Clery Act report does further state that in Sexual Assault Board
cases "the Chair will provide the parties, the Dean of Students and the Vice
President for Student Affairs with copies of the panel's written decision,"
this statement alone in the face of the clear conditions placed on the
disclosure elsewhere in the policies is insufficient to comply with the
Act's disclosure requirements.

Furthermore it misrepresents the reality that if a reporting student fails
to agree to remain silent they in fact wouldn't be told the outcome, and
would probably never get a hearing to begin with. Also, the policy does not
clearly state that the accuser will be notified of the outcomes of any
appeals something required by the Clery Act.

We also note with special concern the facts that give rise to this student's
concerns about this policy. She has been working to improve her school's
response to sexual assault, including speaking about her own case, and is
concerned that she may face disciplinary action for doing so. We find this
very disturbing. By creating a mandatory confidentiality policy for these
proceedings the University has virtually guaranteed that they will silence
any grievances with the process, or public oversight of any kind despite the
clear public interest in campus safety.

Accusers in sexual assault disciplinary proceedings must be free to
redisclose the facts of their case, their personal experiences with the
student disciplinary process, and the final results without condition. The
Clery Act mandates no less. Accordingly we call on you to take immediate
corrective action to require that the University of Virginia suspend their
requirement that accusers remain silent or face the prospect of not getting
the outcomes of their cases or even worse face disciplinary action
themselves.

Thank you in advance for your prompt attention to this complaint. Should you
have any questions please do not hesitate to contact me.

S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
********************************
7505 Granda Drive
Knoxville, TN 37909-1730
phone: (865) 691-6468
fax: (865) 691-6979
http://www.securityoncampus.org/

 

 

 

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.