21 March 2005
UVA Concerned Parent Comments:
It's been a long year - but I am happy
to see that my efforts to bring change to the University have
resulted in a new Sexual Assault policy. While there is still much
more to do, the new policy is a positive step forward.
Although the University does not acknowledge my role
in creating the new policy, I have the satisfaction of knowing that
change would not have occurred if I had not created this website and
been persistent with my letter writing, phone calls, meetings with
students and VP Lampkin. Many issues that the Administration
insisted to be resolved were
not. For example, over and over I was told that the SAB Panel
members were trained in sexual assault, yet when I submitted a
Freedom of Information Act Request to the University to obtain
information about the
dates and types of training the panel members attended, it was determined that
none of the Panel members had received appropriate training. The new
policy now mandates training - and hopefully it will include
psychological trauma training.
This website gave an insight to students of a
subject the University had purposely shrouded in secrecy - sexual
assault. The writers at The Cavalier Daily published many
excellent articles throughout the past year to keep the topic "on
the table" - thereby stimulating continued student discussion and
action. The cover feature in The Hook brought the topic to a
new level and gained the attention of many across the state. Hats
off to the Silent Protest - a pivotal moment in the quest for
change.
Rape and sexual assault are crimes that the
University will continue to handle as administrative issues. No
other campus crime is handled in this manner. The fact that the
policy has been changed is the only way they have acknowledged that
their policy was neither compliant with federal law nor
victim-friendly. If administered correctly, the new policy should
improve the way this Community of Trust responds to sexual assault.
This policy change is bittersweet - while I know
that it will help other women it will not change how my
daughter was treated by the University Staff or correct the way her case was mishandled by the
University Police. Her rapist will
cross the Lawn in 2005 and receive his diploma on time. Sadly for
her, she
will not. Despite my numerous requests, President Casteen and Vice President
Lampkin have never provided any of the past victims (to include my
daughter) with an apology for turning a blind eye to the pain and
suffering they experienced that was caused by the Administration's
continued tolerance for campus rape.
My daughter's life was altered by her assault and not one person
within
the Administration has ever shown empathy for the hell they put her
through. At the very least, they owe all campus rape victims a
public apology. Since they won't do it, I will:
| To my daughter, I Love You!
I am sorry that I could not shield you from the pain and frustration
that you have experienced this past year. "He" could not
intimidate you to remain as a victim because you are a
SURVIVOR! Congratulations on your academic achievements -
carrying a heavy course load last semester at another
prestigious University and earning yourself a 4.0 proves that
"he" and the Deans at UVA tried, but could not, ruin your
spirit and passion for learning.
You worked hard to get
into UVA and they failed you;
I will never understand how the University could turn its
back on you, even after they came to the realization that the
majority of issues were caused by their own staff's
inappropriate response to crime. You were a tremendous asset
to the UVA community - you brought them honor (and National
Awards) and "he" brought them shame. And most
upsetting to me, as a parent, I cannot fathom how "his"
parents could condone his behavior and support "his" lies.
They are not parents, they are enablers. You are a strong woman and
you have shown great courage; continue to never abandon your principles
when you are on the side of right.
To all the wonderful women and men who have
written and shared their painful stories with me, I apologize for
the University's failure to take a stand against Sexual
Assault. I hope you feel somewhat relieved to know that the current
policies have been changed. Your letters have given us the
strength to keep up this campaign. It is my hope that we have
enlightened the community so that other students will not ever
walk in your shoes. |
And finally, to my daughter's
rapist, Dean Rue, and Dean Sisson: If not for you three,
this sexual assault policy change would never have occurred - and that is not
meant as a compliment. Your offensive treatment of my daughter is
the reason I created this website. Your offensive treatment of
others is what moved the students to demand a change in policy and
attitude.

AREAS FOR FURTHER CONSIDERATION:
Many of the ideas we presented have been
incorporated into the new policy: creating a user-friendly website
to clearly explain options and procedures, improving speed and
efficiency of the process to become compliant with the Clery Act and
Title IX federal law, properly trained Board members, consistency
with Board members, removal of the Confidentiality Clause, which
allows victims to discuss the results of the SAB without being
charged with an honor code violation, and most importantly,
mandatory sanctions when a person is found guilty of sexual assault.
The boxes contain the exact wording of the new policy. Below them
I've listed fourteen areas that require further review:
1. The most important goal that students must work
towards is this: "mandatory expulsion" as the only option available
when a person is found guilty of sexual assault, "mandatory
probation" when a person is found guilty of sexual misconduct, and
an accompanying sanction that prohibits the offender from ever
holding a UJC position, student council position, club leadership,
or community liaison position for the remainder of their time at the
University (when the sanction is probation).
Sexual Assault Board
The Vice President for Student Affairs appoints the
University's Sexual Assault Board and the Board Chair. The
Board is composed of students, faculty, and staff. Student
Council recommends and nominates student members to the Vice
President for Student Affairs on an annual basis for the Vice
President's consideration in the appointment of the Sexual
Assault Board. The Board Chair shall ensure all Board members
receive annual training that draws on professional and expert
resources.Composition of the
Panel: The panel shall include at least one student and at
least two faculty/staff members, one of whom will serve as the
presiding chair. The Chair of the Sexual Assault Board will
either serve as the presiding chair or will appoint the
presiding chair. |
2. The poor management of the SAB was one of the
main reasons that not one student in the past five years found
guilty of sexual assault received a sanction. I believe that with a
new policy, it is time for a new and more aggressive Board Chair.
For the new policy to succeed it needs new leadership.
3. The Chair of the Sexual Assault Board should
only be present to assist with the presentation of materials to the
panel during the SAB hearing and should not be present during panel
deliberations nor be allowed to vote. I found the Chair to be a
strong influence not only to the outcome of the panel, but over the
advisor's ability to do her job (the advisor worked directly for the
Chair and did not challenge the Chair, even when she felt she could
because of her primary work situation.)
4. The student representative on the panel should
be an undergraduate representing the same year as the victim. My
daughter was not afforded an undergraduate representative at her
panel hearing, which creates a generational difference in attitude
between the panel and the victim.
5. The advisor to the students involved in a SAB
Hearing should not be family members. Siblings, cousins, or others
also attending/working for UVA should never be allowed to represent
the accused or the victim during the SAB hearing. If parents are not
allowed to represent the accused, then neither should any other
family member be allowed that option, regardless if they are
students at the University.
6. Parents should be allowed to witness the
hearing. If necessary, they may sit behind a screen so that facial
expression and hand gestures are not visible to the panel or the
accused. If they are not allowed to witness the hearing, they should
be limited to a room away from the Panel hearing, possibly on
another floor. While this may seem trivial, the parents of the
accused sat in full view of the panel during my daughter's hearing.
Elsewhere on this site you can read of my experience with this
issue.
7. The SAB panel should not be allowed to know the Commonwealth's
decision whether or not to prosecute. It is irrelevant to the
proceedings and provides innuendo that the decision by the
Commonwealth not to prosecute equates to a legal finding of "not guilty".
As our debate has shown, that is a false assumption.
8. The panel should be given a "Fact Sheet" that contains
information about both students: age, course of study, the number of
years the victim and accused have known each other, whether or not
they are in the same classes, live in the same dorm, belong to the
same clubs. While this sounds trivial, in my daughter's SAB Panel, 6
hours into the testimony a panel member asked how long they had been
"going out" even though it was clear through previous testimony that
they had never dated. He wasn't listening. The only way to combat
that ignorance is through a "fact sheet" that details
facts such as the type of
relationship (if any) the victim and accused had, and if they are in
a living or class situation where they continue to run into each
other.
Clear and Convincing
Evidence Standard: All decisions by the panel will be made by
majority vote. The panel first determines whether the accused
student is guilty, and then, if appropriate, the sanction. A
finding of guilt must be supported by clear and convincing
evidence. "Clear and convincing evidence" means that the claim
is highly probable and has produced a firm belief or
conviction that the allegations in question are true. "Clear
and convincing evidence" is also described as proof that
requires more than a preponderance of the evidence but less
than proof beyond a reasonable doubt.
Findings: If the accused student has been charged with "Sexual
Assault," the panel shall determine whether that charge has
been established by clear and convincing evidence. If the
Board determines that the evidence does not merit a finding of
Sexual Assault, the Board then shall consider whether "Sexual
Misconduct" has been proven by clear and convincing evidence,
whether or not stated in the Notice of Charges.
Sanction: The panel may impose any sanction that it finds to
be fair and proportionate to the violation and that is
authorized for violations of the Standards of Conduct,
including disciplinary probation, suspension, and expulsion.
In determining an appropriate sanction, the panel may consider
any record of past violations of the Standards of Conduct, as
well as the nature and severity of the misconduct. The panel
will consider as part of its deliberations whether the accused
student poses a continuing risk to the complainant and/or
University community. The University expects all cases
involving a conviction of Sexual Assault to involve
consideration of the sanctions of suspension or expulsion. Any
sanction imposed shall be explained or supported in the
written decision of the Panel. |
9. Clear and Convincing is a difficult concept for
most people to clearly explain. With the lack of training and
lawyers present, the panel's ability to understand the difference
between "clear and convincing" and "beyond a reasonable doubt" may
be subject to scrutiny. If the hearing is not an actual trial, then
why have the standard of proof higher than the standard used in a
civil court? This appears to be an easy way to find someone
"not guilty". The standards used in an honor trial for plagiarism
should be more than sufficient to use in an SAB hearing. However, I
applaud the option to allow a charge of sexual misconduct when
"clear and convincing" evidence is not determined in cases of sexual
assault.
10. The number of votes for a "guilty" finding is
not stated. The number of panel members should be increased to 4 or
5, with a simple majority ruling.
| Following the hearing, the
panel will issue two documents to the accused student and the
complainant: a determination letter and a memorandum opinion.
a. The
determination letter will contain only the following
information: the name of the accused student; whether the
accused has been found guilty or not guilty of the charges of
Sexual Assault or Sexual Misconduct; and the sanction imposed,
if any. As guaranteed by federal law, both the accused student
and the complainant have a right to this information.
University policy neither encourages nor discourages further
disclosure of the determination letter by either student. The
University encourages a student who wishes to re-disclose the
determination letter to consult with legal counsel before
doing so.
b.
The memorandum opinion will contain an
explanation of the panel's reasoning for its determination.
The memorandum opinion is both an education record and
confidential record of the hearing any may not be disclosed
except as authorized or required by law. |
11. Both the victim and the accused should be
required to attend a minimum of 3 counseling sessions, regardless of
the outcome of the SAB. The SAB is traumatic event for both sides
and should be discussed with a counselor. While everyone says "the
victim should see a counselor", people need to maintain that the
accused is obviously in need of counseling as well. All accused
should be required to view the One-in-Four presentation.
12. Any victim should be allowed to take "Incompletes" without
prejudice or allowed to take a semester off without any change in
active student status. All victims should be required to review
their options for missed coursework with their advisor so that they
are able to maintain their student status.
13. The University President should review the way each case of
sexual assault is handled by the University Police. He should be
aware as soon as the crime is reported, and he should follow it
through to disposition. He is ultimately responsible for his Police
unit and he should be aware of their recommendations to the
Commonwealth Attorney.
14. The Sexual Assault Board should closely monitor the actions
taken by the Commonwealth Attorney. In my daughter's case, the
University Police officer mishandled the case; I have made three
requests to President Casteen and Chief Norris for review of the
investigation and they refuse to act upon my request. This indicates
to me that they know that their detective did not conduct a thorough
investigation or handle the case appropriately - essentially they
"protect their own". More details on this topic can be found within
the website.