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

Adale,

 

Please don't do it!  I suggest a two-tier policy, but along the lines of this http://www.ncherm.org/documents/MODELSEXUALMISCONDUCTPOLICY1-10.pdf, not the UVA model (which is in many other ways excellent!).  I have been training the UVA conduct board annually since 2005 when their policy went into effect, and this intent clause has been problematic since then.  We're finally going to change it this year, so you'd be following a policy that UVA is about to change.  Two tiers is important, for sanctioning purposes, and most campuses delineate rationally, as does the law, between contact and penetration.  UVA uses the intent to harm clause as the more severe offense, but that intent is almost always impossible to show by evidence in a hearing, so it's unworkable.  Plus, as Wendy Murphy is always reminding us, the subjective intent of the perpetrator is not relevant, it's his act, whether he intends to harm or not.  The most predatory of dangerous offenders have an intent based on entitlement, privilege, or control, not necessarily harm.  Since many offenders are sociopaths, they feel no guilt, and divining the intent of a conscience-less person is not a task for a campus conduct board.  The harm to a rape victim is not lessened by whether her perpetrator had intent, and all you do is hand the respondent the defense of "I didn't mean it." 

 

Regards,
Brett A. Sokolow
Brett A. Sokolow, J.D.
Attorney-At-Law


"Best Practices for Campus Health and Safety"

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2009-2010 President, The National Behavioral Intervention Team Association (www.nabita.org)

NCHERM serves as counsel/advisor to 12 campuses, including:

Special Counsel to the Dean of Students, Dominican University (IL)
Special Counsel for Student Conduct Issues, Warren Wilson College
Special Advisor to the University of Texas, San Antonio
Special Counsel, Concordia University (TX)
Special Counsel, Northern Virginia Community College
Special Counsel, Southwestern Michigan College
Special Counsel, the Community College of Allegheny County
Special Advisor, Vassar College
Special Advisor, Henry Ford Community College

 

In a message dated 12/16/2010 11:50:56 A.M. Eastern Standard Time, writes:

A group of us are rewriting the sexual misconduct policy at WCU, and we are having some difficulty agreeing upon definitions. I was hoping to get some advice and input from this list.

 

My team and I have agreed upon the need for categories such as effective consent, sexual exploitation, sexual harassment, and stalking. However, there has been contentious conversation around the idea of having two separate categories for sexual assault. In short, the proposal is that Sexual Assault I would refer to “intentional” acts whereas Sexual Assault II would refer to “unintentional” acts. Sexual Assault I would be more severe in punishment than Sexual Assault II. It seems that UVA and UC San Diego do something similar to this with their policies.

 

The idea is that a delineation between “intentional” and “unintentional” would broaden the conception of sexual assault to include those complicated situations involving non-strangers, alcohol, poor communication, and lack of understanding regarding effective consent. As a result of this more inclusive definition, our hope is that: 1) survivors would be more able to identify their experiences as sexual assault and come forward for help; 2) we would challenge “stranger danger” messages; 3) we would emphasize the need for effective consent rather than one’s intentions to assault someone.  

 

Any thoughts?

 

Best,

Adale  

 

Adale Sholock, Ph.D.

Director, Women's Center

Director, Institute for Women

220 Lawrence Center

West Chester University

West Chester, PA 19038

t: 610-436-2122

e:

www.wcupa.edu/womenscenter

 

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