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

["Caramagno, Denise" <>]

I worked with a UCSF student who was raped by a student from another university.  We took our complaint to the respondent’s university.  They initiated an investigation.  We met with them and my client was interviewed only to be told  weeks later on that the respondent’s attorney asserted they didn’t have jurisdiction because the rape didn’t happen on their campus or to one of their students.  They closed the case.  Here at UCSF our Title IX office will investigate any complaint of wrongdoing by any UCSF affiliate.  If they don’t have a relationship with the respondent they won’t investigate.  That left my client with no recourse. 

 

 

Denise Caramagno, M.A., M.A., LMFT

Confidential CARE Advocate

Director

Campus Advocacy, Resources, and Education for Sexual Assault and Gender-based Violence

Office of Diversity and Outreach

University of California at San Francisco

500 Parnassus, Millberry Union East, Room 233

San Francisco, Ca. 94143

Tel: (415) 502-8802  Cell: (415) 640-9080

 

Pronouns: “She/Her/Hers"

 

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From: Peters, Sara [mailto:]
Sent: Monday, July 10, 2017 9:15 AM
To:
Subject: Concerns regarding jurisdiction

 

Hi All,  

 

We have a case where a UTC student was raped by a student at another university. After putting the student through a long investigative and hearing process, they found the respondent responsible. The respondent promptly appealed and the decision was overturned based on jurisdiction. There Title IX policy states the following:

 

"the conduct occurs outside the context of a University employment or educational program or activity, but has continuing adverse effects on or creates a hostile environment for students, employees or third-parties while on campus or University property owned or controlled by the University or in any employment or education program or activity."

 

Basically, because the complainant was not a student they claim they have no jurisdiction over the case. At UTC, we hold all students accountable for the policy regardless of the identity of the victim or their status as a non-UTC student. Is this not the case at many other universities? If this is not the case, is the complainant informed before an investigation and hearing? I’m a wee bit upset about how this was handled. 

 

 

Sara K. Peters
Women's Center Director
University of Tennessee at Chattanooga
University Center 351A
423-425-5605

Courage doesn’t always roar. Sometimes courage is the quiet voice at the end of the day, saying, “I will try again tomorrow.” 
– Mary Anne Radmacher