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

["Denia Andersen" <>]

June 18, 2009

 

"Jane Doe" vs. the University of Pacific 

 

Dear Colleagues: 

 

Recently, you received a letter from Dr. John Foubert of Oklahoma State
University, regarding a lawsuit that has been filed against the
University of the Pacific. As a member of NASPA, you deserve my personal
response to that letter. 

 

The litigation involves a sexual assault that occurred one year ago
involving three male students and a female student. Many unfounded and
fabricated allegations in the lawsuit have been reported as fact in the
media and online, resulting in vicious attacks on the University, my
colleagues, and me. The University's account of the case has received
significantly less attention, which should concern us all as
professionals. 

 

As you know so well, we face many difficult and disturbing issues in our
work as student affairs administrators. Even when we adhere to
best-practices, people are not always happy with the outcome. In rare
cases, such as this one, we may even face litigation from a former
student. For me personally and professionally, this is the most
heartbreaking and difficult part of working in this business. The reason
we do this work, after all, is to invest in the success and aspirations
of each and all of our students. 

 

We are grateful for the many calls and notes of support that we have
received from NASPA colleagues. We also take seriously the concerns of
our colleagues who may have been misled by the inaccurate and even
fabricated statements that are being circulated in media coverage and on
the Internet. After the University filed its legal response to the
lawsuit and indicated it was not inclined to engage in settlement
discussions, a targeted campaign was launched to discredit the
University. In particular, a paid Facebook ad has been aggressively
promulgating incorrect and fictitious information. 

 

The University handled the Jane Doe case using best practices. My
Pacific colleagues can only be commended for their swift, thoughtful,
and fair handling of all of the events surrounding this incident. The
University takes all allegations of sexual assaults extremely seriously,
and enforces a zero-tolerance policy for sexual misconduct. In this
case, Pacific gave full support and counseling to the female student and
provided advocate resources, per campus policy, to the male students.
Communication with the families of all of the students, and particularly
with Jane Doe and her family, was extensive. Pacific's policies and
practices reflect the best standards in the country. 

 

Some facts: The University reported the incident to police but when the
victim declined to cooperate with a criminal investigation, the
University adjudicated the case on violations of the Student Code of
Conduct. We convened a carefully-constituted Judicial Review Board
comprised of a faculty member, staff member, and student
representatives, who spent several days hearing testimony from all
relevant witnesses. The Board deliberated for over 10 hours. The Board
eventually held the three male students responsible for different
actions under the sexual misconduct policy. The male students appealed
the findings of the Judicial Review Board and a separately constituted
Appeals Committee again deliberated for many hours, with the result that
it upheld the findings and recommendations of the Judicial Review Board.
One student was dismissed, one suspended for two semesters, with
additional sanctions, and one suspended for one semester, with
additional sanctions. 

 

The University's handling of the incident was praised by Jane Doe's
family on multiple occasions.  The legal action was filed ten months
after the judicial outcome, and apparently because of the family's
dissatisfaction with that outcome. This lawsuit seeks financial damages
from the University and Title IX redress. The next steps are for the
case to proceed to judicial review. The University goes forward feeling
very confident in the rightness of our judicial review process and in
the appropriate and fair adjudication of the case under our policies. 

 

For the record, the quote attributed to me that the young men are good
looking and popular, and thus could not be involved in a sexual assault,
is a fabrication. 

 

I entreat you not to jump to conclusions based on the partial truths and
falsehoods that were advanced on the Internet. Without the benefit of
the full testimony and evidence that were reviewed by the Judicial
Review Board and Appeals Committee, it is not possible to reach an
informed conclusion on this matter. Therefore, we ask you to remember
that this case will be heard in a court of law, according to the wishes
both of Jane Doe and the University. 

 

I encourage you to visit www.PacificFacts.com
<http://www.pacificfacts.com/> . I am limited in what I can say during
litigation, but will be happy to disclose whatever I can once the case
is concluded. Meanwhile, I welcome calls from anyone concerned: my
number is 209.946.2365. 

 

Thank you for your support and thank you for the difficult work that I
know you also do. 

 

Elizabeth Griego 

Vice President for Student Life 

University of the Pacific