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Sunday, September 18, 2011
Ind. Law - "Notre Dame changes sex assault investigation procedures" [Updated]
The 2010 Elizabeth Seeberg tragedy is the subject of a three-part series this weekend in the South Bend Tribune. (Here is the list of ILB entries from that period.) Here is a list of the stories and some quotes:
- "ND changes sex assault investigation procedures," first of a three-part series by Martha Fosmoe. The lengthy story begins:
SOUTH BEND — Students who report sexual assaults at the University of Notre Dame are now assigned a trained resource coordinator, don’t have to face their alleged assailant in a hearing room and may appeal any decision reached by a campus disciplinary board.
This part of the story has particularly broad significance:And each sex assault case reported will prompt an immediate Title IX investigation to determine whether sexual harassment occurred, regardless of whether the complainant wants to pursue criminal charges and/or a campus disciplinary hearing against an accused student.
Those are some of the changes Notre Dame administrators made in campus procedures over the summer as a result of an agreement with the U.S. Department of Education’s Office for Civil Rights. Notre Dame voluntarily entered into the settlement as a resolution to a seven-month federal investigation into the university’s handling of such cases.
The agreement requires that Notre Dame ensure students and the public know how to report sexual harassment and what to expect from the university and law enforcement after making a report.
"I’m confident that we will meet their standards," said the Rev. John I. Jenkins, Notre Dame’s president. "I’m also confident that our procedures are as a good as anywhere in the country."
The university was criticized by some parents, students and victim advocates last year for its handling of assault cases.
In one high-profile case, Saint Mary’s College student Elizabeth "Lizzy" Seeberg, 19, committed suicide on Sept. 10, 2010, nine days after accusing a Notre Dame football player of sexual battery while they were alone in his campus dormitory room.
In the past, Notre Dame’s process in sex assault cases was primarily victim-driven, said Brian Coughlin, also an associate vice president for student affairs. All reported cases were included in the campus’s annual report of crime statistics, as required by federal law, he said.
Now the university is obligated to conduct a Title IX investigation of each reported case — from rape to unwanted touching. Any response by the university may be hindered by a complainant’s request for anonymity and/or inaction, the revised policy states.
A mandate to investigate all sex assault reports as possible Title IX violations doesn’t apply only to Notre Dame. The U.S. Department of Education in April issued a "Dear Colleague" letter to all colleges that receive federal aid detailing how to handle such cases.
Schools informed about sexual harassment or violence must take immediate action to stop abuse. Regardless of whether a victim files a complaint, the school must investigate the incident, even if a criminal investigation is already under way.
Schools also must have sex discrimination policies in place and an employee responsible for managing Title IX compliance. Procedures for filing complaints based on Title IX violations must be clearly available.
- "Colleges face 'lose-lose situation' in rape cases ," is part two of the Fosmoe series; it is dated late Sept. 17th and begins:
College sexual assault cases often are clouded by conflicting stories, alcohol consumption and a lack of witnesses.
For college administrators, they are among the most difficult disciplinary matters to investigate, hear and decide.
Prosecutors often decline to file criminal charges, pointing to a lack of evidence and the “he said-she said” nature of such cases.
Under U.S. Department of Education guidelines issued last spring, colleges must investigate all sex assault reports as possible violations of Title IX, the federal law that prohibits sex-based discrimination at educational institutions that receive federal funds.
The new requirements are likely to result in more civil lawsuits filed by victims or those accused, according to some legal experts and victim advocates.
“These are difficult crimes to solve. They don’t happen at high noon on the campus quad with witnesses,” said Robert B. Smith, a higher-education attorney at LeClairRyan, a Boston law firm. He formerly was associate general counsel at Boston University.
- Updated on Sept. 18: Part 3 has now been posted by the SBT, it is headed "Sex assaults often linked to alcohol: Students say drinking is a major pillar of social scene."
- "Seeberg responds to Notre Dame changes," reported by Margaret Fosmoe, dated Sept. 16th.
- "Seeberg's father wants her tragedy to help other students," reported by Margaret Fosmoe, dated Sept. 16th.
- "The ND rape case that wasn't: Student cleared of felony charge, but still leaves school," reported by Mary Kate Malone, dated Sept. 17th (this is not about the Seeberg case).
Posted by Marcia Oddi on September 18, 2011 10:27 AM
Posted to Indiana Law