Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

 With all due respect to Wendy Murphy, I had some difficulty with her 
response. Rather than trying to critique it, this is instead a post of my own 
response to the initial question.
 You asked about guides given to the accused -- a topic which I think makes a 
lot of people nervous. Many of the universities that I have worked with have 
posed the question to victim services providers about whether the school has 
an obligation to provide comparable resources and services to an accused. In 
my 
experience, this question is not necessarily sincere, but it does require 
response. And, to the extent that it is legitimate, it may require some 
modification of policy.
 One of the first principles law students are taught is that "due process 
means (1) notice and (2) and opportunity to be heard." When I first starting 
working on campus sexual assault response, I found out that universities are 
not 
necessarily familiar with those concepts. Several of the first law suits 
brought by accused rapists against universities included due process 
complaints. 
Accused students claimed, for example, that because they were not adequately 
informed of the date testimony would be taken, they couldn't call the 
witnesses 
they wanted to. If you work for a school that fails either the notice or 
opportunity to be heard requirements of due process, this is something you 
can safely 
tell them they need to change. The guide that you asked about is the perfect 
place to include detail about your campuses particular procedures. Since they 
vary so radically among campuses, this is not a one-guide-fits-all situation.
 There are, of course, more difficult questions, particularly when it comes 
to whether the accused has the right to parity of services. I don't pretend 
to 
know all the caselaw in this area but I don't believe there is any decision 
which requires a school to offer counseling to an accused. The question is, 
should schools should offer both the complainant and the accused in any 
hearing 
the same level of assistance in preparing their cases? Here is my (admittedly 
cynical) tactical suggestion: Let your universities' lawyers outline what 
rights 
they believe the accused to have, and then insist on parity for victims. 
    I hope this helps. Feel free to email me personally if it doesn't -- 
Alice Vachss
This address is temporary and subject to cancellation without notice.
My permanent address is:

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Date: Sat, 30 Oct 2004 04:30:26 -0400
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Hello Stop Family Violence Activists!

=20

TUESDAY NOVEMBER 2 IS ELECTION DAY.

Here's some important voter information for you to have and to share.
Please forward this information widely.=20

=20

1. If you live in ID, ME, MN, NH, WI, WY you can register to vote on
election day at your polling place. North Dakota residents don't need to
register - just show up to vote!

=20

2. To see the poll opening & closing times for your state, go here:=20

http://www.fec.gov/pages/faqs.htm=20

Avoid long lines by voting between 10am and 5pm. =20

=20

3. To find your polling place, learn what type of machine you will cast =
your
vote on and get instructions on how to use that machine go to

http://www.mypollingplace.com=20

=20

4.  BRING PHOTO ID WITH YOU TO THE POLLS.  This is especially important =
if
you registered by mail this year.  It also helps to bring a utility bill
(phone, gas, electric or water) or paycheck stub to prove your place of
residence. =20

=20

5. If for some reason the people at the polling place question your
eligibility to vote, or your name is not on their list, you should ask =
to
vote on a "provisional ballot." This is a special ballot which will be
counted separately from the other ballots. After local election =
officials
check and find out that you are eligible to vote, they will add your =
ballot
to all the others and count it.

=20

6.  Several NATIONAL VOTER RIGHTS HOTLINES have been set up for people =
to
report any difficulties they might experience when attempting to vote.
Please share these toll free numbers widely:

English: 1-866-OUR VOTE (1-866-687-8683)

Bilingual English/Spanish: 1-888-VE-Y-VOTA (1-888-839-8682)

Asian Languages: 1-800-966-5946

=20

7.  Know your voting rights!  As a voter you have the right to:

  a. Equal treatment and opportunity to register and to vote, regardless =
of
race, religion, national origin, sex, disability, or whether or not you =
are
homeless;

  b. Ask questions.

  c. Request a ballot and vote if you are i) registered to vote; ii) 18
years of age or older; iii) a resident of [your state]; iv) a United =
States
citizen.

  d. Review a sample ballot before voting.

  e. Request help at the polling place or use a handicapped accessible
voting place.

  f. Mark your ballot privately and free from coercion or intimidation.

  g. Receive assistance with voting in a polling place if needed.

  h. Vote a provisional or special ballot if your name is not on the =
voter
registration list or if there is a question about your qualifications to
vote.

  i. Receive a ballot if you are in line at the time the polls close.

  j. Request a new ballot if you make a mistake and have not already =
cast
your ballot.

  k. Have your ballot count if it is cast legally and timely.

=20

In addition, some voting rights vary by state; several state voting =
rights
are listed here: http://www.electionprotection2004.org/resources.htm=20

If your state is not listed at the above, do a "google" search for voter
rights plus your state's name (for example voter rights Iowa)

For state by state information on voting rights for homeless people or
people living in shelters see

http://www.nationalhomeless.org/vote2004/state.html=20

=20

8.  If English Is Not Your Best Language

If you, or a friend or relative of yours, speaks another language better
than English, you may be able to get special language help. In many =
American
cities or counties that have lots of people who speak a certain =
language,
federal law says that there should be voting materials for them in that
language. This does not apply everywhere. It generally applies where =
there
are at least 10,000 people or 5 percent of the population of a city or
county who speak a given language. In those cases, the local government =
must
provide ballots in the other language, as well as other materials like =
signs
and instructions on how to vote. There can also be special poll workers =
who
speak the language to help people vote. The languages covered by this =
law
are Spanish, Asian languages, and American Indian and Alaskan native
languages.

=20

To see if your community is supposed to get voting materials in a =
language
other than English, check out this U.S. government Website:
www.usdoj.gov/crt/voting/28cfr/55/28cfr55.htm#anchor55_203c=20

=20

9.  To help ensure a fair election for all become an election protection
volunteer

www.electionprotectionvolunteer.org=20

=20

10.  Help Get Out the Vote!  Visit the website of your chosen candidate =
to
see how you can help in these last crucial hours.

=20

11.  If you're not busy helping to get out the vote Monday November 1, =
tune
in to Lifetime Television to see the Identity Theft: the Michelle Brown
Story at 9pm ET http://www.lifetimetv.com/movies/info/move3633.html=20

then visit http://www.stopfamilyviolence.org/sfvo/Lifetime.html to thank
your legislators for passing important Identity Theft protection
legislation.  =20

=20

Thanks for passing this message along to others.

=20

Together we can.. http://www.stopfamilyviolence.org

Irene Weiser

=20

Irene Weiser
Stop Family Violence
331 W. 57th St #518
New York, NY 10019
**************************************
www.StopFamilyViolence.org
the people's voice for family peace
**************************************

=20