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UM releases initial report on sexual assault policy
January 20, 2012
Editor@montanaliving.com
Following is the status report from Diane Barz regarding the University of Montana's policies regarding sexual assault:
December 31, 2011
Re: Status Report
Dear President Engstrom:
I regret to inform you that the investigation has not been completed.
More investigation is necessary as will be described below. In this
investigation, I regarded the confidentiality of University students as a
top priority and therefore the team took precautions to protect such
confidentiality. Unfortunately, the press had the names of two alleged
victims and had contacted one before I began. As a result one victim
terminated her relationship with UM personnel blaming the University
for violating her privacy. The other victim seems to be reluctant to
proceed via the Student Conduct Code process.
My goals in this investigation were simple. What did UM employees,
both staff and administration know? When did they know it? What
was, has been, or will be done about it? A single instance of rape can
create a hostile environment under Title IX. Title IX also prohibits
gender based harassment, which may include acts of verbal, non-verbal
or physical aggression. Title IX requires the University to take
immediate and effective steps to end sexual harassment and sexual
violence. 2
This investigation has revealed that there are many students of interest
that need to be questioned under the Student Conduct Code. The team
has yet to find any evidence of the date rape drug Rophynol. However,
there is evidence of non-consensual sex that is not being reported in
the University system. Details of these incidents cannot be disclosed,
because of the student confidentiality laws, FERPA, and HIPAA laws, as
well as publishing details could compromise the integrity of the ongoing
investigation. The investigation will continue to look at patterns of
student conduct involving alcohol, illegal use of prescription, and illegal
drugs. We need to emphasize that use of alcohol and any drug that
results in loss of memory can result in non-consensual sex, which is a
crime.
I would like to emphasize that there many programs on campus
addressing sexual assault issues, including recent campus
communications and posters throughout campus. One female student
athlete told me that she felt there are sufficient warnings of date rape
and alcohol misuse on campus. Nevertheless, I would recommend
creating a UM web site, similar to the web site posted by the
Department of Public Safety at Syracuse University.
http://publicsafety.syr.edu/.
The University appears to have a gap in reporting sexual assaults. The
University is required to take immediate and appropriate action to
investigate or otherwise determine what has occurred if it knows or
reasonably should know of possible sexual violence. There is evidence
that there has been a sexual assault that has not been appropriately
reported and investigated. 3
Guidance from the Office for Civil Rights indicates that typically an
investigation takes approximately 60 days to complete, following
receipt of a complaint. However, OCR recognizes that the time frame
may vary depending upon the complexity of the investigation and the
severity and extent of the harassment. The current situation requires a
more extensive investigation into possible ongoing sexual harassment
as noted above. As a practical matter, this will take longer than 60 days
to complete.
Sincerely,
Diane Barz
Following are remarks by UM President Royce C. Engstrom
Community Forum on Sexual Assault at The University of Montana
January 17, 2012
Thank you for attending today. I want to take this opportunity to speak to our community about the recent reported sexual assaults involving UM students. During these comments and the following question and answer period, I will communicate as directly and openly as I am able, recognizing that I must respect certain bounds of confidentiality mandated by the fact that we are a University. I will speak first to the facts as we know them, our approach to date, and actions that we are taking to make the University a safer place for our students. I welcome your questions and comments during the question and answer period, but I won’t go into any additional detail about the investigation itself, because it is ongoing. Nor will I discuss any particular students. I will address questions about our process, policy, services, and education relevant to sexual assault.
Although I can’t give you specific results of the investigation, I want you to know that we take this matter seriously, that we are following well-defined protocol, and that we are concerned for the welfare of our students.
Here are the facts that I can share:
On December 5 and 6, two female students reported to an employee that they had been assaulted. These reported assaults took place as two separate events during the months of November and December. Both of these events were immediately reported upward from the employee, and the employee met with me to inform me on the next morning. I consulted with Lucy France, Director of our Equal Opportunity and Affirmative Action Office and the person who oversees our obligations to Title IX, which is the set of federal laws that apply in such matters. Lucy immediately met with the employee and with both female students. I assembled a group that began meeting almost daily. The group included Lucy, Charles Couture (Dean of Students), David Aronofsky (University Legal Counsel), and Jim Foley (Vice President for External Relations). We contacted Gary Taylor, Director of Public Safety, during the initial meeting to make sure he was fully informed and directed him to make contact with Missoula PD, which he did. On December 13, we agreed to contract with an outside person to assist in our investigation. That individual, as many of you know, is Diane Barz, a highly regarded member of our legal system in Montana. Our investigative team is made up of Diane Barz, Lucy France, and Charles Couture.
As a University, we are legally obligated though Title IX to conduct our own investigation, regardless of the involvement of law enforcement. The Missoula PD makes its own determination as to whether to begin an investigation based on the information at their disposal. In addition, because of the allegations that drugs may have been involved in these incidents, Federal Law Enforcement has possible jurisdiction and we have been in communication with them as well.
Our investigation continues aggressively. The team interviewed 30 people before the holiday break, after which access to witnesses has been hindered, but is moving forward full speed in coming days. Diane Barz provided a report on December 31, which we made public, and she will provide the next report near the end of January. As of today, we are not in a position to identify specific individuals as perpetrators, but if and when we do so, we will take every action available to us through the Student Conduct Code and, if applicable, the Student-Athlete conduct code.
Consequently, within a matter of days of the reports from the two students, the students had access our Sexual Assault Resource Center, all relevant law enforcement was notified, all appropriate notification within the University had occurred, and our own investigation was underway. I want you to know that we have taken these reports extremely seriously and will continue to do so.
The Student Conduct Code covers a wide range of behaviors and actions. When a student allegedly violates our code, that student is called before our Dean of Students, Charles Couture. The Dean investigates the matter and puts into effect an appropriate sanction. The student may appeal to the University Court, which makes a recommendation to me as President. We have had a few other events this past fall that invoked the Student Conduct Code, some of them public and some of them not. In every case you have heard of publicly, and in those cases you have not heard about, the Student Conduct Code was applied and where applicable, sanctions for student-athletes also put in place.
My message to you is that when we have appropriate evidence, we implement our conduct code swiftly and decisively.
Three other reports of sexual assaults have surfaced during the course of this investigation, reportedly occurring approximately a year ago. They came to our attention only recently, and we have incorporated them into our investigation.
These two cases call for a discussion about certain aspects of reporting. The first of these involves the role of SARC, the Sexual Assault Resource Center. Because SARC is a part of Curry Health Center, which is a recognized health care organization, it is designed to be a free and confidential resource to students who think they have been subjected to sexual assault. We obviously want students to make use of SARC, and the promise of confidentiality without the requirement for reporting encourages them to do so. We have an excellent staff at SARC and they are experienced in working with students who need assistance. SARC personnel can and do refer students to other resources, such as health care on and off campus, counseling, support groups, and law enforcement including both UM Public Safety and Missoula PD. SARC communicates to victims that if the victim wants to pursue an investigation, those avenues are available to do so. The student must make that choice, however. SARC cannot report the event further without the student initiating the report and students are told that.
One of the cases involved a female student who went to the police somewhat over a year ago reporting sexual assault. We have no indication at this time that she reported to anyone on campus. As we understand it, the Police did not have sufficient evidence to take action, but an officer did report to a campus employee that an incident had occurred and allegedly involved students. The campus employee did not report the incident to the supervisor. This is the “gap” in reporting pointed out by our investigator, Diane Barz. While it should have been reported up the line, no additional action could have been taken without the female herself, reporting the incident to us. To be clear, thorough reporting is critical to ensuring that the student has appropriate access to care and to law enforcement. In this case, Law Enforcement had clearly been involved already. As you will hear momentarily, we are adjusting our procedures to strengthen our reporting protocols.
Let me turn now to additional actions we are taking to make the campus a safer place and to improve our coordination in such instances. Last week, I issued a memorandum to my Cabinet with several assignments. Those assignments include:
Campus Education: We will accelerate our campus education program regarding sexual assault. Beginning with spring semester, we will blanket the campus with educational material, making sure we reach all students, faculty, and staff. The educational program must make use of existing campus resources including SARC and should include written material, presentations, and discussions. The message should be at least three-fold: 1) Sexual assault is intolerable at the University and we will do everything in our power to remove assaulters from the learning environment; 2) Excellent resources are available on campus to assist victims of sexual assault and we have a dedicated staff ready to help; 3) We are all responsible to take actions to prevent sexual assault. All education should emphasize the risks associated with alcohol consumption and the misuse of drugs.
Responsible person: Teresa Branch
Deadline: Beginning of spring semester
Expectations and Standards: All incoming students should be given the message directly that sexual assault has no place in our society, especially on a university campus. It will not be tolerated. That message must be integrated even more strongly into our orientation sessions for all incoming students, undergraduate and graduate. Because our student-athletes play a special role as ambassadors for the university, the expectations for behavior, on- and off- the playing field, in- and out-of-season, must be defined clearly. I am directing a review of our practices and standards in that regard, with Jim O’Day heading that review. I expect the review to involve coaching staff, the Faculty Athletic Council, the Faculty Athletic Representative, and the Student Athletic Council in addition to any other groups or individuals appropriate to the discussion. To be clear, recent sexual assaults have not been restricted to the student athlete population, but our investigations have indicated a disproportionate association with patterns of behavior of a number of student-athletes. We simply will not tolerate the tarnishing of the proud tradition of Grizzly Athletics.
Responsible persons: Jim O’Day, Teresa Branch
Deadline: February 28
Protocol: When students do find themselves in a legal situation, we need clarity on the role of the University. Particular matters relate to accompanying of students to legal representation, communication with Law Enforcement, communication within the University, communication with the media, and communication to the Office of the Commissioner. We must conduct a review of existing policies and practices, and articulate more clearly any necessary changes. This review should include instituting a monthly Sexual Assault Report that is delivered to the President.
Responsible persons: Jim Foley, David Aronofsky
Deadline: February 28
In closing, it is our intent first and foremost to make our campus the safe and supportive environment needed to foster learning, personal growth, and the fulfillment of dreams. Next, it is our intent to deal with these terrible incidents in a manner that supports the victims, and that identifies and punishes the assaulter. Finally, it is our intent to communicate as effectively as we can with the campus and our community within the limitations we have as a University. We do have a strong system in place for addressing sexual assault and I want to publicly thank everyone at the University who has been involved in this matter, and those that are involved in an ongoing way with victims of sexual assault. I particularly want to say that our students are, as a group, dedicated to the university and respectful of one another. We will not allow the actions of a few to ruin the experience or tarnish the reputation of the rest. |
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