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Blog and Media Roundup - Friday, February 2, 2018; News Roundup
Topic Started: Feb 2 2018, 04:58 AM (113 Views)
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http://www.dukechronicle.com/article/2018/02/dsig-drops-new-member-after-sexual-assault-allegations-emerge


DSig drops new member after sexual misconduct allegations emerge
By Likhitha Butchireddygari | 02/01/2018

“We hope you trust us to handle this in the most holistic and fair way possible,” asked members of Duke’s chapter of Delta Sigma Phi fraternity in an email obtained by The Chronicle that was sent to other students Jan. 25.

The email was referring to an informal sexual misconduct allegation against a new member of the fraternity. The new member has since been dropped by DSig and all Interfraternity Council organizations, wrote IFC President James Bradford, a senior, in an email to The Chronicle.

“We apologize for the potential of an event at which you would not feel comfortable, that is never a circumstance we would create intentionally and we appreciate that you brought it up before it was realized,” the email noted. “We have a zero-tolerance policy with these kinds of actions and we fully intend to maintain that policy with this situation.”

The senders of the email also said that “other people and organizations” knew about circumstances related to the incident before they did, and that the rush process was “imperfect” and “does not always facilitate information like this” reaching them as soon as they would like.

According to a statement from DSig’s executive board to The Chronicle, they were made aware of the incident Jan. 25 and “took immediate action to determine the facts by speaking with individuals who witnessed the event that occurred.”

“No person should ever have to experience unwanted sexual advances, and our heart goes out to the individual who experienced this during an event with our chapter,” the executive board’s statement noted.

The statement added that the chapter decided to remove the new member “just hours” after the incident was brought to their attention. The Chronicle was able to identify this individual, but he did not respond to a request for comment by the time of publication of this report.

Bradford noted that DSig’s investigation of the sexual misconduct claim and subsequent removal of a member does not replace the University’s formal sexual misconduct process, noting limitations on what fraternities are able to do regarding sexual assault.

“Although the men in the IFC are unqualified to investigate the details of an alleged incident, our members are qualified to act on information related to the environment that their events create for women and men who attend,” he wrote.

Larry Moneta, vice president for student affairs, declined to comment. Bradford praised DSig’s removal of its new member, adding that it was their obligation to “create a more comfortable and safer environment.”

“That Delta Sigma Phi chose to drop this new member because of how his presence made women feel attending their events is a positive step in improving the culture surrounding fraternity-sponsored events,” he wrote.

For DSig, it goes beyond removing the new member. In the statement from the fraternity’s executive board, they noted that they were pursuing education about sexual assault prevention, including P.A.C.T.—a student-facilitated training on gender violence sponsored by the Women's Center—for their members, and reaching out to sororities for feedback on additional measures to prevent sexual assault.

“As part of Delta Sigma Phi’s mission of Building Better Men, we are committed to educating our members about sexual assault prevention and have zero tolerance for sexual misconduct,” the statement read.
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http://www.dukechronicle.com/article/2018/02/no-1-duke-mens-lacrosse-seeks-revenge-in-season-opener-vs-air-force


No. 1 Duke men's lacrosse seeks revenge in season opener vs. Air Force
By Philip Coons | 02/02/2018

The temperatures are rising, tents are up outside Cameron Indoor Stadium and the grass has been clipped at Koskinen Stadium. The arrival of February on campus marks the start of lacrosse season, and expectations are high once again for the Blue Devils.

Preseason No. 1 Duke will face Air Force at Koskinen Saturday at 1 p.m. The Falcons have beaten Duke in Durham in the last two seasons, and Duke head coach John Danowski has made sure his team is recognizing that fact before the game.

“We are scared out of our minds,” Danowski said. “It has been a tough week of practice. The weather has been really cold. The skills have not been sharp, and Air Force has beaten us the last two years.”

Coming off their second Southern Conference title in a row and third NCAA tournament appearance in four seasons, the Falcons bring experience into Koskinen. But several players and coaches were suspended for alleged hazing and drug use last summer, and a cloud has hung over the program ever since. Although the 11 juniors and seniors have since been reinstated, the status of Air Force head coach Eric Seremet is still up in the air.

Senior attackmen Chris Walsch and Nick Hruby lead the way for the Falcons. Walsch had two goals and Hruby had four tallies to help beat the Blue Devils 11-10 last February. Longtime goalkeeper Mitch Rose graduated last spring, so Duke will look to take advantage of Air Force’s inexperienced back line.

Helping the Blue Devils get over the hump against the Falcons this weekend will be senior attackman Justin Guterding. A second-team All-American last spring, Guterding had 97 points off 56 goals and 41 assists. Guterding and junior midfielder Brad Smith will lead a young but talented Duke offensive attack.

Defensively, Duke is led by junior Cade Van Raaphorst and sophomore JT Giles-Harris. Van Raaphorst was one of three Blue Devils selected to the preseason All-ACC team. The Phoenix native earned All-ACC recognition as a sophomore as well, becoming the first Duke close defensemen to earn all-conference honors since Tony McDevitt in 2008. Van Raaphorst finished the season with 40 ground balls and 19 caused turnovers, which led the team.

“We are just figuring out how we are going to play, and now we have a scout look,” Van Raaphorst said. “Rather than getting ready to play ourselves, we are playing someone else with a different offense. [We are] just trying to get prepared for Air Force. We’ve been looking at a couple different options, but for the most part we play a pretty standard defense and we don’t care who comes and plays in our stadium, we just play.”

Last spring, the Blue Devils welcomed a core of inexperienced offensive talent to Durham. Sophomores Joey Manown, Kevin Quigley, Reilly Walsh, Terry Lindsay and junior Sean Lowrie matured over the course of the season and bring explosive offensive depth for the Blue Devils. That group finished their freshman season with 101 combined points.

The Blue Devils bring back 81 percent of their total offensive output from last season, but early indications show that Duke still has a long way to go to show it can live up to the hype. Duke hosted Ohio State for a scrimmage last weekend and the Buckeyes were the faster and more explosive team, as Duke’s younger midfield and defense units were stretched by the more technically-sound Buckeyes.

“We lost to Ohio State last weekend in a scrimmage pretty badly.” Danowski said. “With our first guys in, their first guys handled our first guys. Final score was 13-12 but everybody subbed liberally, and so we actually got handled pretty easily. So none of us here think we are No. 1. We have the mindset where we are No. 71. We just want to get better each day.”

Helping the Blue Devils improve this season is 2010 national champion and Tewaaraton Award winner Ned Crotty. Crotty joined the Duke staff in September, as he continues to be a member of the MLL’s Rochester Rattlers and Team USA.

“Ned has been great,” Danowski said. “I learn from Coach K—you bring the former players back as coaches and they just bring something different. They went to school at Duke, they played here. There is a certain pride they have in place. So the guys can’t get away with anything.”

Guterding and senior goalkeeper Danny Fowler were also selected as preseason All-ACC players. Guterding is currently sixth on the all-time Duke scoring list, one point behind Crotty.

“The collective senior leadership has been great as a group.” Danowski said. “Since the fall from day one, they have done a terrific job.”
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http://www.herald-dispatch.com/news/ex-student-sues-mu-over-handling-of-sex-assault-case/article_80ea9e99-64d2-5b4c-9f13-32c30f8ea931.html

Ex-student sues MU over handling of sex assault case

By COURTNEY HESSLER
2/1/2018


HUNTINGTON - A former Marshall University student has filed a federal lawsuit against the school's Board of Governors alleging it violated Title IX standards by allowing her attacker to remain a student.

The federal lawsuit filed in the Southern District of West Virginia on Wednesday alleges the university's decision to allow the man she accused of sexual assault to remain a student for months during a lengthy appeals process forced her to abandon her education at Marshall.

Title IX requires schools that receive federal funds not to discriminate on the basis of sex. While the law itself does not mention sexual violence, its interpretation by courts and the Education Department since the law's passage in 1972 has led to the common understanding that the ban on sex discrimination requires schools to address sexual violence among students.

Joseph Hardin, 20, entered a Kennedy plea in January 2017 to misdemeanor battery in the case. A Kennedy plea allows a conviction without the defendant admitting guilt or explaining his role in a crime. He had been indicted in 2016 on a single count of second-degree sexual assault after the lawsuit's plaintiff and his victim, who has since left the university, implicated him.

He was placed on three years' probation as a result, with a one-year jail sentence suspended. The plea resulted from negotiations between prosecution and defense attorneys and accepted by Cabell Circuit Judge Alfred E. Ferguson.

When given the opportunity to address the court, Hardin said, "I'm ready to move on with my life."

Ginny Painter, senior vice president for communications and marketing, said Thursday the university had not yet received the complaint and does not speak on the specifics of pending litigation, but said the university would defend itself vigorously.

"Marshall University takes all Title IX complaints seriously," Painter said. "The university has a fair, impartial and compliant process to support any student who experiences sexual assault, sexual harassment, or any other form of sex or gender discrimination," she said. "We maintain we followed proper procedures in this case and acted decisively to protect all our students while maintaining privacy and fairness for the involved parties, consistent with applicable legal requirements."

Cabell County assistant prosecutor Kellie Neal said on Feb. 1, 2016, the assault happened at the Freshman South Residence Hall on Marshall's campus. Neal said Hardin went to the room, locked the door and sat on the bed with the victim before forcefully pinning her down with his body.

She said the victim struggled to get him off of her, and when she managed to get free, he slammed her down back onto the bed and would not let her leave.

The case went unnoticed for months after the alleged attack, until the hashtag phrase #IStandWithAlicia filled social media feeds in a push by the victim's family. A hashtag is a word or phrase preceded by a hash sign, which is used to identify a specific topic on social media.

The victim's father said Marshall had failed his daughter by allowing Hardin to remain a student. His daughter left the university, returning home to take courses near her hometown.

According to the complaint filed in federal court, the victim immediately took steps to report the assault by informing two friends and having a sexual assault kit administered at a local hospital.

The following day, she went to the Marshall University Police Department, which transported her to the courthouse for a temporary restraining order against Hardin.

On Feb. 8, MUPD took her to Marshall employees to give a statement regarding the assault. Hardin was also interviewed later.

In the meantime, the plaintiff said she saw Hardin around campus, once wearing an article of her clothing. She reported it to the university because she felt threatened by his presence on campus.

Hardin was expelled from Marshall but was later reinstated at an appeal hearing before a student conduct panel, which the plaintiff said was not properly trained to adjudicate.

The plaintiff said she was not allowed in the room to hear testimony before she testified.

While Hardin had retained two attorneys privately, the victim was not given an attorney or a representative, the complaint said.

The victim said she was aggressively cross-examined by her attacker's attorneys, who argued there was no physical evidence to implicate Hardin, although it had been withheld due to the ongoing criminal case. Evidence of the protection order the victim had against Hardin was also not fully presented to the panel, the complaint said.

The plaintiff was not allowed in the room for an explanation of the panel's ruling reinstating him, and she appealed the decision to the Title IX coordinator.

Marshall President Jerome Gilbert was soon after informed about the facts of the case by Marshall University Interim Dean Carla Lappelle, and Hardin was eventually expelled from taking on-campus courses by the university but was allowed to continue online classes.

On May 12, 2016, Hardin once again appealed the expulsion, but the Title IX coordinator, who said she has final say in Title IX matters, upheld the ban, finding Hardin had participated in sexual misconduct in a violation of Marshall University's policy.

Hardin entered his plea to battery Jan. 11, 2017, and later asked for Marshall to reconsider its ruling.

On March 30, 2017, Marshall granted his request, allowing him back on campus, stating he was not found guilty of sexual misconduct, even though battery is also against student conduct rules, the lawsuit says. Marshall also cited his need to be on campus to complete his degree and the plaintiff no longer being a student as reasons.

The board has not yet filed a response to the complaint.

CONTACT Rape Crisis Center provides free and confidential services to victims of sexual assault and stalking in Cabell, Lincoln, Wayne and Mason counties. CONTACT can be reached at 866-399-7273 or 304-399-1111.

Reporter Taylor Stuck contributed to this report. Follow reporter Courtney Hessler at Facebook.com/CHesslerHD and via Twitter @HesslerHD.
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https://www.cnn.com/2018/02/01/us/larry-nassar-michigan-state-sandusky-penn/index.html

Did Michigan State fail to stop Larry Nassar like Penn State did with Jerry Sandusky?
By Eric Levenson, CNN
Updated 2:13 PM ET, Thu February 1, 2018

(CNN)For years, a popular sports figure used his position of trust to sexually abuse vulnerable minors, all under the nose of a major state university. The public reckoning with that abuse forced out the university president and other leaders and set off extensive investigations.
Even as the case of Larry Nassar at Michigan State University continues to unfold, its similarities to that of Jerry Sandusky, who was arrested in 2011 for sexually abusing young boys at Penn State University and elsewhere, are striking. And they raise questions about how a seemingly parallel nightmare unfolded at Michigan State less than a decade after the Penn State saga.
Investigators' findings at Penn State led to the criminal convictions of Sandusky and top campus officials and tarnished the legacy of the university and its storied football program. Michigan State has denied any cover-up of Nassar's abuse. Still, the president and athletics director last month resigned amid pressure.

For his part, Michigan State's attorney has rejected the Penn State comparison.
"Although both involve horrible actions by disturbed individuals -- Sandusky and Nassar -- the role of the University here is different," Patrick Fitzgerald wrote in December to Michigan's attorney general.
"In the Penn State matter, it appears that high-ranking officials were aware of sexual abuse by an employee, decided to report the abuse to law enforcement, and then changed their minds and did not report the abuse," he wrote. "In the MSU matter, we believe the evidence will show that no MSU official believed that Nassar committed sexual abuse prior to newspaper reports in late summer 2016."
However, in both cases, experts told CNN, a series of textbook errors paved the way for crimes to be committed against children, their abusers jailed -- likely for life -- and intense scrutiny to fall upon university officials who were supposed to be keeping watch.
"There's no way to absolutely prevent an employee from doing something bad once," said Scott Berkowitz, board president and founder of the Rape, Abuse & Incest National Network. "But where the institutional breakdown comes is, once you start hearing allegations, doing little or nothing about it."

Nassar, a team doctor for USA Gymnastics, became an associate professor at Michigan State in 1997, and he often treated young women affiliated with the school's sports teams. His work with the US women's Olympic gymnastics team made him a respected figure on campus, and several women said in court that he had a god-like status.

"My mom and I felt very lucky we were able to get an appointment at his office because of his exceptional reputation," Whitney Mergens said at Nassar's sentencing in a Michigan court in January.

Sandusky was the defensive coordinator for Penn State's football team for 23 years under legendary head coach Joe Paterno. He retired from coaching in 1999 and received emeritus status, so he had full access to the Penn State campus.

Sandusky also founded The Second Mile, a charity that helped troubled youth, some from broken homes.

Nassar's and Sandusky's respected positions in their communities helped shield them from critical oversight, Berkowitz said.
"It's always hard to believe a bad thing about someone you respect and admire," he said. "And that's true in the most private of cases, when it's a teacher or coach at a local school district."
... both preyed on vulnerable victims ...
Nassar used his status to systematically sexually abuse girls under the guise of providing medical treatment, he admitted in court.
More than 150 women told a Michigan court remarkably similar stories of him penetrating them with ungloved fingers during medical appointments.

The majority of Nassar's victims were young teenagers. In addition, many were injured athletes looking for treatment and pain relief. What they got instead was sexual abuse.

Sandusky was convicted of sexually abusing at least 10 boys over 15 years, though similar allegations date to the 1970s.

Prosecutors cast Sandusky as a pedophile who preyed on victims using the charity he founded. Eight young men testified again him, often in disturbingly graphic detail, and described how Sandusky forced them to engage in sexual acts in places including the Penn State coaches' locker room showers, hotel rooms and the basement of his home.

"This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys," Pennsylvania Attorney General Linda Kelly said of Sandusky in 2011.

Predators seek out victims who are especially vulnerable, said Charol Shakeshaft, a professor at Virginia Commonwealth University and an expert on sexual abuse in schools.

"A predator looks for children who would be least likely to tell (authorities), and most likely to trust them or to be able to be talked into trusting them," she said. "That's how they choose."
... and after decades, both got caught.

Within a week of a September 2016 report by The Indianapolis Star detailing claims by Rachael Denhollander of abuse by Nassar, the physician was fired by Michigan State. Fifty more women in short order shared similar stories of abuse with Michigan State police and the state's attorney general, and Nassar was arrested and charged that November.

Nassar pleaded guilty to seven charges of criminal sexual conduct in Ingham County, Michigan, and was sentenced in January to as many as 175 years in prison. He also was sentenced to 60 years in prison on federal child pornography charges, and he pleaded guilty to three other criminal sexual conduct charges in Eaton County, Michigan.

Nassar was "a monster that left me with more pain and scars than I came to his office with," gymnast Jade Capua said at Nassar's Ingham County sentencing.

Sandusky was arrested in November 2011, more than two years after a Pennsylvania grand jury began investigating a 15-year-old's complaint to school and law enforcement authorities that the assistant coach had had inappropriate contact with him over four years starting when he was 10.

Sandusky was found guilty in 2012 of 45 counts related to sexual abuse in connection with 10 victims. He was sentenced to 30 to 60 years in prison; his latest appeal was denied.

"The predator is going to be a predator," Shakeshaft said. "The people who can stop it is the bystanders. The people who see things happening, the people who hear a student complaining, ... if they're trained, they'll be able to help step up and stop it."
Staff failed to heed warnings ...
Several women said in court that they reported Nassar's abuse to Michigan State authorities but were dismissed or ignored.
Larissa Boyce said she and another accuser told Michigan State's head gymnastics coach Kathie Klages that Nassar had abused her. But rather than being protected, Boyce was "humiliated" and "brainwashed," she said in court.
What others knew: Culture of denial protected Nassar for years
What others knew: Culture of denial protected Nassar for years
"This could have stopped in 1997," Boyce said. "But instead of notifying authorities or even my parents, we were interrogated. We were led to believe we were misunderstanding a medical technique."
Klages retired last year after reportedly being suspended for defending Nassar. Her attorney, Steve Stapleton, told CNN his firm is representing her in federal civil litigation related to Nassar and won't comment on pending cases.
Other women who were abused by Nassar said they told other trainers or others at Michigan State but experienced similar pushback.
"Michigan State University, the school I loved and trusted, had the audacity to tell me that I did not understand the difference between sexual assault and a medical procedure," said Amanda Thomashow, who was the first woman to file an official complaint against Nassar under the federal Title IX law accusing him of violating the school's sexual harassment policy
Michigan State ultimately sided with Nassar in the Title IX inquiry, concluding that his methods were medically appropriate. And, according to documents obtained by CNN, the university gave Nassar and Thomashow different versions of its investigative report, with hers devoid of a top school official's concerns about Nassar.
Meantime, at least 14 Michigan State University representatives received reports of sexual misconduct by Nassar in the 20 years leading up to his arrest, a Detroit News investigation found.
At Penn State, several top administrators knew of allegations against Sandusky but didn't do enough to stop him, investigations have revealed.
As early as 1976, one alleged victim told Paterno he'd been molested by Sandusky, court documents show. Paterno allegedly dismissed his report, saying, "I have a football season to worry about," the records show. Paterno and his family have denied his role in any cover-up.
Further, emails released in 2012 as part of Penn State's internal investigation show that in 2001, then-Penn State officials -- President Graham Spanier, Athletic Director Tim Curley and Vice President Gary Schultz -- discussed two alleged cases of abuse by Sandusky but didn't contact police.
CNN exclusive: Paterno may have known of earlier Sandusky abuse claim, police report reveals
CNN exclusive: Paterno may have known of earlier Sandusky abuse claim, police report reveals
One was a 1998 case in which a victim's mother filed a police report claiming her son had been inappropriately touched by Sandusky in the football locker room shower. The district attorney declined to prosecute.
The other case involved then-graduate assistant Mike McQueary's claim that he witnessed Sandusky in 2001 sexually abusing a boy in the football locker room showers. McQueary the following day reported the incident to Paterno, who told Curley and Schultz, then left the matter in their hands, Paterno and McQueary have said. Sandusky was convicted in 2012 in connection with the case.
Officials who receive such complaints should "investigate -- even if you don't have all the evidence you need in that first allegation," Berkowitz said.
"Take steps to prevent it," he said, "to lower the risk of it happening again."
Parents and kids, too, should be trained to recognize misconduct so they know to report a problem, Shakeshaft said.
"For kids, what should you look for? What should and shouldn't be happening? And for adults, what do you need to look for? If your child reports any of these things, report it to us immediately," she said.
... and faced their own repercussions.
Michigan State has acknowledged some process failures but has denied a deliberate cover-up of Nassar's abuse. No school officials face criminal charges.
The fallout from Larry Nassar's sexual abuse is just beginning
The fallout from Larry Nassar's sexual abuse is just beginning
Even so, Michigan State President Lou Anna Simon has resigned and Athletics Director Mark Hollis stepped down under pressure.
A special prosecutor also has been tasked with looking into "every corner" of Michigan State and how it responded to allegations against Nassar.
"You have to bear with us," attorney William Forsyth said upon his appointment. "This is almost 20 years of predatory conduct on the part of Nassar."
Meantime, Education Secretary Betsy DeVos has said her department would investigate, the NCAA has opened its own inquiry, and Michigan lawmakers want unredacted records of Michigan State's investigations of Nassar.
Sandusky's alleged pattern of abuse led to Spanier's and Paterno's firings days after the grand jury report's release in November 2011. Paterno died two months later at age 85.
Former FBI Director Louis Freeh later led Penn State's $6.5 million internal investigation, though his report is no longer available at the university's website.
"Four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade," Freeh said in 2013, referring to Paterno and the three former campus leaders. Paterno's family slammed Freeh's report as "factually wrong."
Workers prepare to remove the statue of Penn State football coach Joe Paterno in 2012 in the wake of the Sandusky abuse scandal.
Workers prepare to remove the statue of Penn State football coach Joe Paterno in 2012 in the wake of the Sandusky abuse scandal.
Spanier, Curley and Schultz were convicted in 2017 on misdemeanor child endangerment charges. Each was sentenced to several months in prison.
The key to any investigation into alleged crimes and a possible plot to hide them is its independence, experts told CNN.
"Just remember that a university's attorneys -- or any institution's attorneys -- are there to protect the institution, not to protect the child," Shakeshaft said. "So, you need outside examiners, you need an outside presence, because otherwise, the pressure is on to protect the institution, not the child."
Independent investigations also should be completely transparent to best serve the public's interest, Berkowitz said.
"Particularly a public institution like Michigan State," he said, "the public deserves to know what happened."

CNN's Jean Casarez and Sara Ganim contributed to this report.
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http://reason.com/blog/2018/02/01/middlebury-activist-who-published-list-o

Middlebury Activist Who Published List of Alleged Rapists May Have Violated Title IX
"I could really give a f**k about protecting the privacy of abusers."

Robby Soave|Feb. 1, 2018 11:40 am


Late last semester, an activist at Middlebury College publicly accused more than 30 male students of sexual harassment, rape, racism, and emotional abuse—her own version of the infamous Shitty Media Men List.

Ironically, it's that student, Elizabeth Dunn, who could be in trouble. The list may violate the sexual misconduct reporting procedures required by the college under Title IX, the federal statute that mandates gender equality in schools.

Dunn published the list on Facebook. It begins with a trigger warning for "sexual assault/abuse" and then proceeds to name 30 alleged abusers.

"So many people at middlebury [sic] are open about the trauma they've experienced here, and yet there's still reluctance to publicly name the ones who have caused this pain," she wrote. "It's profoundly f*cked up to me that I can write so much about my trauma, and see that and similar narratives hyper-consumed on so many platforms and yet in my everyday life still see people associate with those who have perpetuated this violence as if nothing has happened. So in the spirit of that, here's a short List of Men to Avoid."

The names were redacted in the version of the list obtained by Inside Higher Ed. (The original post has by now been deleted.) Many are accused not just of rape but of serial rape. At the end of the post, Dunn writes: "feel free to DM me more names to add to this status because I could really give a f*ck about protecting the privacy of abusers."

Middlebury administrators then stepped in to tell students that anyone wishing to make sexual misconduct accusations should follow the proper reporting protocols.

Title IX doesn't require students to report sexual misconduct—either their own or someone else's. Investigations begin when a report is made to the Title IX office, either by a victim or by someone with knowledge of an incident. The idea is that victims shouldn't feel forced to go through the Title IX process if they don't think that's for the best (although I've covered plenty of cases where someone other than the alleged victim filed a complaint, thus forcing the alleged victim's hand).

Campus employees, however, are required to report sexual misconduct when they become aware of it. This includes students who serve in official capacities, such as residential advisors. And Middlebury's sexual misconduct policy requires everyone to cooperate in investigations once they are formally underway.

"Students are required to cooperate with conduct investigations once they have been identified, by themselves or others, as having relevant information," Middlebury spokesperson Bill Burger told The Middlebury Campus.

Dunn's list may have interfered with an ongoing investigation. She told the campus paper last week that administrators communicated to her it was "highly likely" she would be facing disciplinary measures. Middlebury rules also prohibit "violation of another's privacy," and the list may run afoul of that rule too.

Dunn did not respond to a request for comment, and Burger declined to comment on any individual cases. (Federal law generally prohibits college officials from discussing matters pertaining to specific students.) It's therefore impossible to say whether Dunn is actually in trouble for making the list.

But at least one expert on campus sexual misconduct policies thinks Dunn could be in trouble for violating Title IX itself. According to Inside Higher Ed:

A list with unsubstantiated claims can be damaging for its creator, said Scott Lewis, a lawyer and partner with the NCHERM Group, a risk-management firm that works with colleges. Lewis also helped found the Association of Title IX Administrators.

The list potentially could create a hostile environment for the men named in it, which is prohibited under Title IX, Lewis said. A student in theory could be disciplined for that, Lewis said, or be sued for defamation if a false accusation cropped up in a Google search for one of the men and he was prevented from receiving a scholarship or job opportunity.

Lewis took issue with the idea of publicizing names with unproven allegations against them. Lewis noted that one man was accused of being "emotionally manipulative," but it was unclear what that truly meant. Trained investigators must look into these matters and determine what happened, he said.

If students want to help, they should take part in education around assault prevention, Lewis said.

"If you want true consequence to happen, bring it to the people who enforce the rules and investigate this—pass that information on," he said.

It strikes me as weird that Title IX has essentially been interpreted to mean that any attempt to circumvent the Title IX process is itself a violation of Title IX. This calls to mind the witch hunt against Laura Kipnis, who was accused of violating Title IX essentially for speaking and writing critically about it. Perhaps Dunn shouldn't be levelling unproven allegations against other students, but she does have a First Amendment right to speak her mind, however wrong her views might be. It's worrisome that a Title IX compliance expert thinks the law requires colleges to interpret the "hostile environment" prohibition this broadly.

In any case, no matter how stridently the vast Title IX bureaucracy insists upon the primacy of its model, the people best equipped to handle the crimes alleged in Dunn's post—repeated rape—are the police. If Middlebury really is infested with serial rapists (a claim that seems dubious, given how thoroughly the campus serial predator theory has been debunked), they need to be held accountable under the criminal justice system.

Photo Credit: Facebook

Associate Editor Robby Soave, a 2017–2018 Novak Fellow at the Fund for American Studies, is the author of a forthcoming book about campus activism in the age of Trump.
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