| Blog and Media Roundup - Wednesday, January 31, 2018; News Roundup | |
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| Tweet Topic Started: Jan 31 2018, 06:11 AM (112 Views) | |
| abb | Jan 31 2018, 06:11 AM Post #1 |
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http://www.dukechronicle.com/article/2018/01/180131-wells-times-up-traditional-solutions Time's up on traditional solutions Duke, forward By McCall Wells | 01/31/2018 Is time up on traditional solutions for sexual misconduct? Advocates for criminal justice reform, which is supported by a majority of Americans, will often allude to the effectiveness of restorative justice over that which is purely punitive in nature. Restorative solutions focus on not only repairing harm done, but also on identifying ways in which victims and offenders can work together to achieve healing. A restorative approach seeks to make incarceration more productive, providing the victim an opportunity to share how he or she has been harmed while at the same time preparing inmates for life after prison by equipping them with the personal and professional skills necessary for reintegration into society. In fact, educational programs have been shown to reduce rates of recidivism by as much as 43 percent. Considering the record breaking numbers of prisoners in this country and the disproportionate number of minorities amongst them, I’d be the first to support any push by lawmakers to further incorporate the aforementioned techniques in our criminal justice system. The first, that is, until these techniques were brought to a college campus near me. While it isn’t much of a stretch for me to envision a criminal justice system that works to rehabilitate the criminally convicted, I find it much harder to stomach the execution of this approach on Duke’s campus, especially when it comes to sexual assault—one of the most egregious offenses the University has to manage. My instinctive repulsion could have to do with the fact that this issue hits a lot closer to home. It’s much easier to talk about forgiveness in terms of inmates I’ll likely never encounter than in relation to those who have upended the lives of the men and women I’ve called my friends over the last five years. But, as we continue to reel from the shock of report after report of sexual misbehavior, I believe we will reach a point at which calling offenders out—and even kicking them out—simply won’t be enough for the sorts of drastic cultural change many of us want to see. In order to move forward, we have no choice but to put all options on the table, including the ones that force us to engage directly with wrongdoers. For years, victims’ advocates have prioritized the fight for offenders’ expulsion—and often, for good reason. Accountability and consequence for sexual misconduct on college campuses is long overdue, especially when a lack thereof means the threat of violence and retraumatization for all those who must share the offender’s space. But, if expulsion and other sanctions listed in Duke’s sexual misconduct policy were to be viewed through a restorative justice lens, I think they’d fail to meet the core tenets of reparation, reunion and transformation that the Centre for Justice and Reconciliation outlines as crucial in the restoration process. While removing a responsible party from campus removes the immediate threat, it does not guarantee that the wrongdoer will have learned and grown from the experience, or deter them from committing the same acts elsewhere. One would hope that expulsion would be enough of a wake up call for a young perpetrator to refrain from engaging in the same behavior, but of course there is no guarantee against repeat offenses—and possibly even less so without the opportunities to fully consider harm done. Sanctions that don’t carefully facilitate an offender’s reflection on their victim’s pain could very well lead to the offender feeling sorry for getting caught, rather than for causing harm. If I’ve taken anything from last week’s intense national dialogue about Aziz Ansari’s disappointing dating behavior, it’s that a healthy sexual encounter is not just the absence of force and coercion, but also the integration of sensitivity to another’s experience. When it comes to achieving the latter, a restorative justice approach seems much more useful in that it incorporates opportunities for the victim to share exactly how he or she has been harmed and, in turn, for the offender to engage in deep reflection. I’m not naive enough to believe that any solution demanding additional work on the part of the victim might appear to be counterintuitive and downright cruel. But, in a recent phone call with Duke’s own Director of Title IX Compliance, Howard Kallem, I was pleased to learn that a restorative process works to puts the needs of the victim first and foremost, offering them a space to have their voices heard. Some universities, like Skidmore College, have already been hard at work to make restorative solutions a viable option for victims who want it. Skidmore’s PRISM Project has taken on the task of addressing both individual cases of misconduct in addition to “broader cultural contexts that support such behavior by offering non-adversarial options for prevention education, resolution, and pathways to safe and accountable reintegration.” And much of this push for alternative conciliatory efforts comes from victims themselves, like one young woman who told NPR how she’d produced a video with her assailant in hopes of turning her traumatizing experience into a learning opportunity for others. Other solutions vary from private victim-offender dialogue to sentencing circles in which both parties gather with family and friends to discuss the incident and its broader implications. While the idea of a creative collaboration between victim and offender might seem a bit extreme, Mr. Kallem, also a contributor to a report on the PRISM Project, told me that requests from complainants for alternatives to the formal disciplinary process are not at all rare on Duke’s campus. During our phone call, he revealed that Duke administrators have begun their own investigations into responses to sexual misconduct that “allow complainants to tell their stories in a safe and supported environment.” He said that these responses might not only facilitate the perpetrator’s personal growth, but also more importantly empower the victim to dictate the healing process he or she needs. Mr. Kallem explained to me that many complainants don’t come to him seeking retribution, but instead with the hope that the accused will feel truly sorry for what they’ve done. During my time at Duke, most of my fellow feminists rejected the notion of victim culpability for the consequences that a sexual misconduct report might have on the life of the accused. They’d dismiss feelings of guilt as further signs of the patriarchy’s insidious grasp on us all. I agree that a victim should in no way feel responsible for an attacker’s decisions. I do think, however, think that the trend of opposition to primarily punitive resolutions merits some serious consideration. We must pay attention to the requests of victims, who haven’t ruled out restorative solutions despite—or perhaps because of—their trauma. As hopeful as I am about the potential of restorative justice to get at the roots of culturally embedded sexual transgression, I know that its implementation isn’t as straightforward as I’ve laid out. When I asked a friend and fellow Duke alumna if she would have considered using a restorative justice approach to address her own assailant’s behavior, she echoed my own conflicting sentiments about the framework’s use for college-based sexual misconduct. While conceding that current procedures for addressing sexual misconduct haven’t necessarily been successful in confronting the underlying causes of harmful sexual behavior on campus, she wisely reminded me to consider the potential risks that a restorative justice solution might entail—namely retraumatization and placing too much onus on the victim as an educator. While the restorative justice process has mechanisms in place to minimize these risks, her concerns are nevertheless well-founded, and I acknowledge the great deal of work that would need to be done in order to mitigate further pain. Regrettably, the victim would indeed have to take some responsibility for the offenders’ developmental process in a restorative approach, no matter how much work perpetrators are asked to do. To say that this is unfair would be a glaring understatement. Nonetheless, this is the unfortunate reality for just about every movement for systemic change that I can think of—the oppressed must first air their grievances and then work tirelessly to help others understand their experiences. But, for those willing and able to engage in the work of a restorative process, the slightest chance of forcing transgressors to move beyond merely expressing their remorse, instead channeling it to shift behavior, might be worth the risk. McCall Wells is Duke '17. Her column, "duke, forward," usually runs on alternate Fridays. |
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| abb | Jan 31 2018, 06:16 AM Post #2 |
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http://www.dailycal.org/2018/01/30/uc-systems-sexual-harassment-payouts-total-3-million-3-years/ Tuesday, January 30, 2018 UC system’s sexual harassment payouts total more than $3 million over 3 years By Mary Kelly Ford | Staff The University of California has paid out about $3.4 million in sexual harassment claim settlements in the past three years, according to a recent report by the Sacramento Bee. Agencies and public universities in California have paid more than $25 million altogether over three fiscal years, costing taxpayers in California about $21.3 million, according to the report. The UC system paid the second-highest amount among state agencies. The Sacramento Bee reported that although other state institutions — such as the California Department of Corrections and Rehabilitation — use taxpayer dollars to fund their lawsuits, the university systems, including the UC system, use an insurance plan instead. Claire Doan, a spokesperson for the UC Office of the President, stated that this insurance system, called Fiat Lux Risk and Insurance Company, or Fiat Lux, requires UC campuses to pay an insurance premium in order to be covered. Fiat Lux was formed by the UC Board of Regents to “reduce UC’s cost of traditional insurance, while giving it greater control over the various risks for which it is responsible,” according to the UC “Working Smarter” website. Doan said Fiat Lux reflects the complexity of the UC system, as it represents not only campuses but medical centers and national laboratories as well. She added that the UC system, a “$31.5 billion enterprise,” is the state’s third-largest employer. “Aside from state funds, campuses could choose to pay their insurance premiums through various sources, including medical center revenues, housing revenues, investment income and campus fees,” Doan said in an email. This information comes in relation to a UC Berkeley sexual harassment suit filed by Tyann Sorrell in 2016 against former UC Berkeley School of Law dean Sujit Choudhry. The case ended in a landmark $1.7 million payout. Leslie Levy, who represented Sorrell in her sexual harassment lawsuit, said she believed the UC system was self-insured but was uncertain where that money came from. “I’ve sued the UC more than once, I’ve never seen an insurance policy, I’ve never seen anything related to a separate insurance company,” Levy said. “The fact that they are saying it’s not taxpayer dollars does not mean it’s not coming ultimately from the public, and I just don’t think some big foundation granted them a bunch of money.” Campus spokesperson Janet Gilmore said in an email that premiums for the campus’s self-insurance programs totaled about $14 million in the 2017-18 fiscal year but added that the premium accounts for less than 0.5 percent of the campus budget. Recent systemwide implementation of measures addressing sexual violence and sexual assault issues have contributed to higher incident reporting levels, according to Doan. “We believe the enhanced education, training and awareness among the UC community helped encourage people to come forward with concerns,” Doan said in the email. “The number of complaints reflects their willingness to reach out to our Title IX offices as well as our efforts to promote a safer environment.” Mary Kelly Ford covers academics and administration. Contact her at mford@dailycal.org and follow her on Twitter at @MaryKellyFord1. |
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| abb | Jan 31 2018, 06:18 AM Post #3 |
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http://www.mlive.com/spartans/index.ssf/2018/01/michigan_state_trustee_to_host.html Republicans praise, Democrats question Engler pick for interim Michigan State president Updated Jan 30, 7:51 PM; Posted Jan 30, 7:39 PM LANSING, MI - Former Gov. John Engler was known as a tough leader during his time in the governor's office. As news of his reported appointment as interim Michigan State University president reverberated in Lansing's political circles, Republicans expressed support while Democrats questioned the presumed pick. Michigan Republican Party Chairman Ron Weiser praised the reported choice of Engler. "Governor Engler is an excellent choice to lead MSU in this difficult time. Both his pride for his alma matter and his reputation as a reformer will serve this great institution well as they seek to right the ship," he said. The Board of Trustees meets Wednesday morning. A source speaking on background said Engler would be appointed as interim president while the university searches for a permanent replacement. Former Gov. John Engler to lead Michigan State University as interim president Former Gov. John Engler to lead Michigan State University as interim president The university will launch a search for a permanent president. Former President Lou Ann K. Simon resigned last week after 156 women and girls gave statements about Nassar's abuse in an Ingham County courtroom, many holding the university accountable for continuing to employ him after they say complaints were lodged. In the interim, the university is expected to appoint Engler while it searches for a permanent president. Sen. Curtis Hertel, D-East Lansing, represents the university's district in the Senate. He said he disagreed with Engler on many issues, but wanted to have a private conversation about how he sees his role as interim president. He and Michigan Democratic Party Chair Brandon Dillon brought up the potential conflict Engler's appointment could create with Attorney General Bill Schuette's investigation of the university. Dillon said when Engler was governor he rescued Schuette's political career by appointing him head of the state's agriculture department after he lost a race for U.S. Senate. "I think it's just another problem for Bill Schuette. Another day, another conflict of interest," Dillon said. Schuette also has ties to MSU donor Peter Secchia, who made recently made controversial comments about the Nassar case in relation to the university, and MSU Football Coach Mark Dantonio, whose program came under fire for its handling of sexual assault in a recent ESPN article. On Twitter Wednesday, he described Engler as a good pick. Asked about the potential effect of Engler's appointment on the investigation on The Schuiling Report radio show Tuesday afternoon, Schuette said there wouldn't be one. "It really has no impact on the investigation," Schuette said. AG Bill Schuette names investigative team, says 'no corner' of Michigan State off limits AG Bill Schuette names investigative team, says 'no corner' of Michigan State off limits Former Kent County Prosecutor William Forsyth to lead investigation. Engler, as a prominent Michigan Republican, strikes some as an inherently political pick. "In general, I think the more politics are involved right now, probably isn't a good thing for the healing process of the university," Hertel said. Hertel wants to learn more about Engler's plans for the position. Dillon said he wasn't making a firm judgement yet, but hoped Engler didn't act how he had in other positions he'd held. House Speaker Tom Leonard, R-DeWitt, who called for Simon's resignation, praised Engler's expected appointment in a statement. "John Engler is the right choice to be Michigan State University's interim president. He is a strong leader with a proven track record of reform, and the school needs someone who is able to come in from the outside, stand up to the status quo and make immediate changes. I look forward to working with the interim president on new reforms that will better protect women, the students at MSU and the local community," Leonard said. The Board of Trustees meets at 9 a.m. Wednesday. |
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