On March 17th, 2005 it was announced that

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.

 

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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!"

Any UVA sexual assault victims, regardless of year of graduation, who have questions or believe their cases were addressed in a manner that conflicts with the Clery Act and are willing to speak with DOE Investigators about the disciplinary hearing process should contact the webmaster. 
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Contact us immediately because IF YOU STAY SILENT, NOTHING WILL CHANGE.
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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

 

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Site Information last updated on
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