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Re: weird story about rape at marshall university - why NO warnings to offend...


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  • Subject: Re: weird story about rape at marshall university - why NO warnings to offend...
  • Date: Tue, 5 Apr 2011 17:52:19 EDT

According to one DOEd. program review decision on a Clery timely warning violation, this kind of warning is mandated by law.  That's not my reading of it, but that decision has circulated widely in campus law enforcement circles, and we're likely seeing the effect of that here.
 
Regards,
Brett A. Sokolow

Brett A. Sokolow, J.D.

Attorney-At-Law


"Best Practices for Campus Health and Safety"


Managing Partner
The National Center for Higher
Education Risk Management, Ltd.

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Brett Blogs! at www.ncherm.org

Executive Director, The National Behavioral Intervention Team Association (www.nabita.org)

NCHERM serves as counsel/advisor to 19 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
Special Counsel, Bridgepoint Education
Special Counsel, Milwaukee Area Technical College
 
In a message dated 4/5/2011 12:14:09 P.M. Eastern Daylight Time, writes:

Rape reported on campus

Published: Saturday, April 2, 2011
Updated: Saturday, April 2, 2011 12:04
Marshall University released a statement early Saturday morning regarding an alleged sexual assault in South Freshman Hall. The statement was sent to all Marshall students and staff:
 
Earlier this morning, Saturday, April 2, 2011, a female reported an alleged sexual assault by a male acquaintance in the South Freshman Residence Hall on Marshall's Huntington campus. This was reported by a friend of the alleged victim. At this time, the alleged victim does not wish to pursue charges and has not identified the alleged assailant.
We do not have information that suggests an immediate threat of assault for members of the campus community, but students are asked to always be cautious and to take the steps below to help prevent sexual assault by an acquaintance. 
If you have information you wish to share with regard to this alleged assault or if you wish to report any incidents or emergencies on campus, contact the Marshall University Police Department at (304) 696-4357. Off campus, call 911.
- Marshall University Police Department
 
Reducing your risk of acquaintance rape
If someone is pressuring you to have sex when you don't want to,
• say "no" clearly and forcefully.
• move away from the person.
• make an excuse to get out of the room – "I have to go to the bathroom." – then leave or call for help.
• fight back if you feel you can.
• yell loudly for help. Don't be afraid to yell "rape"!
• get away as soon as you can.
Remember, sex without consent is rape, whether the offender is a stranger or someone you know.
Use Caution
• Let someone know where you are going.
• Do not go off alone with someone you do not know well or who makes you feel uncomfortable.
• Meet at a public place.
• Trust your instincts; if it doesn't seem right, it probably isn't.
• Be cautious in new relationships. Go out with a group of friends until you know that person better.
Stay Alert
• Pay attention to your suroundings. Avoid isolated places.
• Know the effects of drugs and alcohol. Be aware of what you are drinking and how much you are drinking. In reported rapes, at least 75 % of males and 55 % of females had been drinking or taking drugs.
• Do not leave beverages unattended or accept drinks from anyone you don't know well or trust.
Stay in Charge
• Staying in charge means saying what you want and knowing what you are doing. 
• Always carry a cell phone and money to make a call. Call your family or a trusted friend to come get you if you feel unsafe. Remember, it is better to get into trouble for being somewhere you shouldn't be than to be raped.
Set Limits
• Communicate your limits clearly and directly. Insist on being treated with respect.
 
Reducing the risk of being the victim of a drug-facilitated sexual assault:
• Don't drink beverages that you did not open yourself.
• Don't share or exchange drinks with anyone.
• Don't take a drink from a punch bowl.
• Don't drink from a container that is being passed around.
• If someone offers you a drink at the bar/club or at a party, accompany the person to get your drink, watch the drink being poured and carry the drink yourself.
• Don't leave your drink unattended while talking, dancing, using the restroom or making a phone call.
• If you leave your drink unattended, discard it.
• Don't drink anything that has an unusual taste or appearance (e.g. salty taste, excessive foam, unexplained residue).
• Don't mix different types of alcoholic beverages.
• Don't mix drugs and alcohol.
• Limit alcohol consumption so you are better able to assess your surroundings, especially if you are in a group setting or with someone you do not know well or trust.
• When drinking alcohol in social settings, make arrangements with a  friend to leave together.
 
Reducing your risk for stranger rape:
• Use dead bolts locks on your doors.
• Make sure sliding glass doors and windows are locked.
• Lock your car doors when travelling.
• Don't leave mail on the seat of your car disclosing your home address.
• Avoid hitchhiking  and picking up hitchhikers.
• If you are followed, do not drive home. Drive to a busy lighted area or law enforcement agency.
• Carry a cellular phone in your car.
• Yell to attract attention if you need help.
(Information provided by the West Virginia Foundation for Rape Information and Services,www.fris.org)
 The Parthenon is investigating the student's claim. Pick up Monday's edition of The Parthenon for more information.



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