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

["S. Daniel Carter" <>]

For about the last week or so we've been monitoring a situation at Marshall
University that I wanted to get input from the list on.

Initially the issue, and why it was brought to our attention, was that the
local paper saw information in a Clery Act crime log about the report of
sexual assaults against both a female and male on campus, but the reporters
from the campus newspaper were apparently shown a different crime log
without this report included. No timely warning was made, and initially
campus officials said only that there was no ongoing threat.

Now, as noted in the news release below, Marshall Police have secured two
arrest warrants for a now former student who reported the incident (referred
to as "him" in the release, but not clearly stating it is the male who
reported they were sexually assaulted although this is our understanding).
Curiously instead of stating they have evidence the report was false, the
release merely states there was "insufficient evidence" to pursue charges or
"substantiate" the report.

Whatever the circumstances, I think this statement phrased this way sends a
horrible message - that if police can't prove a case, or feel they can't
secure a conviction which we know happens all too often - that then the
person reporting the sexual assault (actually they reported two in this
case) can and may well then be charged with filing a false report. Intended
or not, this messaging may well chill reporting of any future incidents.

********************************
S. Daniel Carter
Director of Public Policy
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail:

------ Forwarded Message
From: Wellman, David
Sent: Friday, October 08, 2010 5:28 PM
Subject: Marshall University news -- Warrants issued for former MU student's
arrest

  NEWS FROM MARSHALL UNIVERSITY COMMUNICATIONS
  ONE JOHN MARSHALL DRIVE, HUNTINGTON, WV 25755

  FOR IMMEDIATE RELEASE

  Friday, Oct. 8, 2010

  Contact: Dave Wellman, Director of Communications, 304-696-7153


  Warrants issued for former MU student's arrest


  HUNTINGTON, W.Va. - The Marshall University Police Department today
obtained two misdemeanor warrants for the arrest of a former student,
charging him with filing a false report of an emergency and obstruction to
the MUPD on Sept. 12, 2010, said James E. Terry, MU's Director of Public
Safety.
 

  In the report, the student accused three males of sexual assault of a
female and a male in a freshman residence hall on the Huntington campus.
 

  An investigation into the allegations concluded Thursday, Oct. 7. Terry
said, "Based upon the extensive interviews and lack of physical evidence, we
have concluded there is insufficient evidence to pursue any charges relating
to the alleged sexual assault or to substantiate that such an assault even
occurred."
  

  The investigation, Terry said, led to the MUPD obtaining the warrants for
the former student's arrest.
  

  ###

------ End of Forwarded Message