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

["Foubert, John" <>]

June 17, 2009

Dear Leaders and Members of NASPA,

You may have read an article recently in Inside Higher Education about a very 
disturbing case at the University of the Pacific involving three male 
students who reportedly gang raped a female student, "Jane Doe." There have 
been several deeply concerning accusations made against the University and 
its Vice President for Student Life in this case. This is particularly 
important to NASPA given that the Vice President involved is Elizabeth 
Griego, the President Elect of NASPA.

According to the legal complaint filed on behalf of "Jane Doe" versus the 
University of the Pacific (UOP),

* UOP knew of a sexual assault in April 2008, had specific suspect 
descriptions and knew their living area, with indications from the survivor 
that the perpetrators were on the men's basketball team.
* UOP knew three individuals fit this specific description with two roughly 
matching physical descriptions of perpetrators.
* UOP Director of Public Safety suspected these three men of the gang rape 
and subsequently had a conversation with VP for Student Life Elizabeth 
Griego. The two talked about possible media issues but did not investigate 
members of the men's basketball team.
* In May of 2008, these same men gang raped "Jane Doe" vaginally and orally.
* "Jane Doe" was subsequently notified by VP Elizabeth Griego that she had 
reason to believe her perpetrators were the same men as the perpetrators of 
the gang rape that occurred a month earlier.
* A university hearing was held. During the week when the judicial panel was 
deliberating her case, "Jane Doe" called VP Elizabeth Griego because she had 
not yet heard of the panel's decision. VP Griego stated that she believed the 
perpetrators weren't aware that "Jane Doe" did not consent and that they are 
very popular men on campus and did not need to force anyone to have sex with 
them.
* The UOP Judicial panel found all three men responsible. They expelled one 
perpetrator, suspended one for one year, and suspended another for one 
semester.
* In a subsequent conversation with Jane Doe's parents, VP Elizabeth Greigo 
stated that the men who had been held responsible by a hearing panel "are 
victims as well."
* "Jane Doe" was informed that the women's basketball team (on which she was 
a player) was no longer allowed to socialize with the men's basketball team 
and that the women's team had to leave any social function if the men's team 
showed up.
* Jane Doe transferred to a new school. When she returned for a weekend to 
visit friends she was attacked and struck repeatedly by a woman she did not 
know. The Police investigator believes the attack was in retaliation for Jane 
Doe's testimony against the three men's basketball players.

In their response to the lawsuit, the University of the Pacific:

* Denied many of the allegations
* Admitted that Jane Doe called VP Elizabeth Griego prior to receiving the 
decision of the judicial panel. In this phone call, VP Griego told Jane Doe 
that "there might be 'competing truths', as it appeared from third party 
witnesses and respondents' testimony that two of the respondents believed 
they had (Jane Doe's) consent to engage in the conduct alleged."
* UOP highlighted statements from witnesses regarding Jane Doe's alleged 
"promiscuous" "sleazy" and "sexual" behavior on the night the three men 
sexually assaulted "Jane Doe."

If the allegations in this case were made by only one person, the evidence 
would be limited. However, these allegations are in some cases substantiated 
by statements from University of Pacific staff to other individuals.

We invite you to read both the legal complaint and the response to it by 
following the links below.

http://www.facebook.com/ext/share.php?sid=98856216399&h=y2b1q&u=dRHk4
http://www.facebook.com/ext/share.php?sid=204587870435&h=vT5zX&u=s6ukV

You can also read many newspaper articles and see other attachments by 
joining the facebook group "Memo to University of Pacific: Date Rape IS 
Outright Rape." The title for this group comes from a statement made by 
University Relations at UOP, who claimed to the press what this case was not 
'outright rape' but rather it was 'date rape' and thus the school didn't 
consider the case to be a rape.

We implore you to read about this case for yourself and if you feel so 
compelled to call for whatever actions you deem necessary and appropriate.

Sincerely,

John D. Foubert, Ph.D.
Author, The Men's Program:
A Peer Education Guide to Rape Prevention

Julie A. Allison, Ph.D.
Director, Office of Violence Response and Prevention
Pittsburg State University

Christopher Kilmartin, Ph.D.
Author, Men's Violence Against Women:
Theory, Research & Activism

Lauren Chief Elk
No Woman Left Behind Campaign
Formerly of De Anza College

Ben Atherton-Zeman
Writer and Producer
"Voices of Men"

Monika Perrine
Coordinator, Sexual Assault Response Team
Pittsburg, Kansas

Judy Benitez
Executive Director
Louisiana Foundation Against Rape

Gordon Braxton
Prevention Spec., Sexual Assault Prevention & Response
Harvard University

Chad Waxman
Response Program Coordinator
New England Health Education Network

Sandy Morris
Executive Director, Children's Advocacy Center
Pittsburg, Kansas

Steven McAllister
Health Educator
The New School

Paul A. Schewe, Ph.D.
Director, University of Illinois at Chicago
Interdisciplinary Center for Research on Violence

Joanne Archambault
Executive Director
Ending Violence Against Women International


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John D. Foubert, Ph.D., LLC
Associate Professor and Program Coordinator
College Student Development Master's Degree Program
Oklahoma State University
School of Educational Studies
314 Willard Hall
Stillwater, OK 74078
(405) 744-1480
(405) 744-7758 fax