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

["Bernstein, Lauren (LB)" <>]

Hi all, 

I agree with Karen and Holly and would add that my impression is that sanctioning guidelines have been utilized by universities to distinguish sanction guidelines based on acts or guidance for the hearing boards.  I agree that there can be a chilling effect with a mandatory sanction, but the reverse can also be true. I have worked with many students who are concerned about going through  formal process because they believe that they will need to continue to encounter the perpetrator on campus and are concerned sanctions will be low.  Some are concerned as well that, due to a lack of "evidence," the perpetrator will be found not responsible and people on campus will think they are liars.  

As sexual misconduct policies expand to include more robust and nuanced definitions, I think it is important for us to consider how hearing boards use this information to deliver a finding. For example, are there situations mentioned in sexual misconduct policies that would be difficult or impossible to prove to the preponderance standard.  There can be a challenge in considering a range of behavior and its level of severity, as it privileges some forms of violence (typically the more physical) over others.  

Here are some policy examples that discuss sanction levels:

 Vanderbilt's policy states "“presumptive sanction is suspension or expulsion” for non-consensual intercourse," UVa's states "panel is required to consider suspension or expulsion," and Yale states "Yale has imposed severe penalties, including expulsion and suspension, and will continue to do so when the circumstances warrant." UNH states a minimum sanction: "The minimum sanction for those found responsible for sexual misconduct that includes sexual penetration as defined by RSA 632-A:1,V is suspension for one year or until the survivor graduates or otherwise leaves the University for an indefinite period of time, whichever is longer" and Ohio University provides a tiered system of expected sanctions here: http://www.ohio.edu/communitystandards/guidelines/sexualassault.cfm

My best, 

LB

Lauren (LB) Bernstein, MSW, LMSW | Assistant Director for the Respect Program

Office of Health Promotion | Emory University Student Health and Counseling Services

Phone: 404-727-1514| Fax: 404-712-1519 | 

http://respect.emory.edu | 1525 Clifton Road, 103-I, Atlanta, GA 30322

 

The Respect Program engages the Emory community to prevent & respond to sexual assault & relationship violence as part of the Office of Health Promotion which promotes flourishing and capacity building for a healthy Emory.

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From: Holly Rider-Milkovich []
Sent: Wednesday, March 19, 2014 12:08 PM
To: Guttentag, Karen S.
Cc: Jessie Mindlin;
Subject: Re: know of any schools?

Hello all:

I concur wholeheartedly with Karen's thoughtful note that given self-blame, guilt, ambivalence, etc., (and I would add fear of subtle and unsubtle retaliation from their social networks) there may well be an impact on a student's willingness to come forward and share information about their experience if expulsion is the mandatory sanction.  There also may be greater hesitancy from conduct boards to determine a finding of responsibility if the only option then is expulsion; this is a matter that should be addressed by proper training and oversight, but it is difficult to completely counteract the pervasive, immersive victim-blaming culture in which we live and work.

I also have not seen research or evidence that indicates mandatory expulsion does, in fact, lead to fewer incidents of victimization within a student body.  I expect Michigan is not alone in having the experience of separating a student from the institution only to have them continue being present in the community at off-campus parties and social events, living with students and engaging in most of the ways they previously did with the exception of not attending classes or being on the actual campus grounds, or having to answer to campus officials for any of their behavior--criminal or otherwise. I am not sure that the mandatory expulsion approach is going to accomplish its intended goal and may have unintended negative consequences.

HRM

On Wed, Mar 19, 2014 at 8:51 AM, Guttentag, Karen S. <> wrote:

I think Duke does, and I heard Dartmouth just adopted this approach as well. Since Dartmouth’s move is so recent, it’s likely that they’ve collected information about other schools with similar policies.

 

I’m not aware of any data on effectiveness (assuming this would be measured by its deterrent effect). However, given the profound ambivalence about outcome, self-blame, and guilt with which many survivors struggle, a concern I would explore would be the impact this policy has on reporting.

 

Hope this is helpful,

 

Karen S. Guttentag

Associate Dean for Judicial Affairs and Student Life

Middlebury College

Middlebury, VT 05753

phone) 802-443-2024

fax) 802-443-2525

 

 

 

 

From: Jessie Mindlin [mailto:]
Sent: Tuesday, March 18, 2014 10:39 PM
To:
Subject: know of any schools?

 

Hi all – Do any of your schools (or others you know of) have a policy that requires the expulsion of a student found responsible for sexual assault? Any thoughts on how effective these policies have or have not been? Thanks in advance for any insights you can provide!. - Jessie

 

 

 

 

  Jessica Mindlin, Esq.*
  National Director of Training & Technical Assistance
  Victim Rights Law Center
  520 SW Yamhill, Suite 200
  Portland, OR 97204

*Admitted to practice in Oregon
Tel: 503.274.5477 x 1 and 855.411.5477

Fax: 503.715-2183   www.victimrights.org

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--
Holly M. Rider-Milkovich

Director, Sexual Assault Prevention and Awareness Center

Co-Chair, Abuse Hurts Initiative

University of Michigan

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