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The Badger Herald

The Student News Site of University of Wisconsin-Madison

The Badger Herald

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UW: Campus sexual assault investigations benefit students

University administration supports law enforcement, reporting, but also respects complaintants’ right to decline to notify police
UW%3A+Campus+sexual+assault+investigations+benefit+students
Pauliefred

A recent column in The Badger Herald raised the question whether it would be better policy for police to investigate sexual assaults, rather than the university. This question is frequently raised, and we thank the writer for creating an opportunity to respond publicly to this idea. This is an important and complex discussion that is taking place not only at the University of Wisconsin, but also at the national level.

https://badgerherald.com/opinion/2015/04/09/police-departments-not-universities-should-handle-sexual-assault-investigations/?preview=true&preview_id=116554&preview_nonce=b7035e8f1e

It is important to fully understand the current requirements and response to student sexual assault reports at UW. All reports of sexual assault made to the Dean of Students Office must be investigated fairly, promptly and equitably as the U.S. Department of Education requires. Federal and state laws, which include UW System codes, set the specific procedures, processes and rules for campus investigation. The federal requirements are those predominantly set forth in Title IX. The state requirements are set forth in the Student Conduct of Code, Chapter 17.

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At UW, an assistant dean in the Dean of Students Office serves as the investigating officer and oversees the investigation. UW also utilizes a pool of special investigators to assist the IO with investigations. All of the special investigators are retired members of the UW Police Department. The Special Investigators work within the investigatory procedures outlined in the student conduct code and in accordance with Title IX.

This is not a criminal investigation. The IO utilizes the special investigators to assist with interviews, gather evidence and develop a clear understanding of the facts. When the investigation is complete, the IO determines if the evidence suggests, by a preponderance (is it more likely or not), that the conduct code was violated. If preponderance is found and the sanction recommendation is suspension or expulsion, the matter is presented to a hearing panel for final review. Staff and students involved in the process of investigating, adjudicating and hearing sexual assault cases undergo annual training.

We have a deep respect for law enforcement and the criminal justice system. Federal law requires campuses respect the right of adult victims to decline to notify law enforcement. Federal law also requires campuses to respect their right to be assisted if they do choose to report. Our processes and procedures support reporting to law enforcement. We make sure victims are aware of options and supported should they choose to report to law enforcement.

Although the university does investigate all reports of sexual assault, we also make every effort to understand the wishes of the complainant. If a complainant does not want to report to the police, we respect their choice and right to not do so. Reporting to law enforcement and any subsequent criminal investigation can and often does occur along a parallel track to the campus investigations. Criminal investigations and proceeding operate, however, under various different laws.

So, would it be better for law enforcement to handle all campus reports of sexual assault? There are many reasons we believe campuses must not make law enforcement the only party responsible for responding to sexual assault. Campuses respond to a wide variety of student conduct issues both in conjunction with and separately from law enforcement to protect the safety and integrity of the learning environment. These issues include arson, physical assault, discriminatory behavior and bias incidents. Why should sexual assault be any different?

  • First, universities are not only required to investigate reports of sexual violence, but also remediate the hostile environment both to campus and to the victim. We do not believe it to be satisfactory to allow the victim/complainant and accused/respondent to be in classes or live in the same residence hall while they wait for the outcomes of a criminal investigation.
  • Second, universities are poised to get outcomes much faster than the criminal justice system, with a federal guideline of 90 days to resolution and criminal cases often taking months or years.
  • Third, the standard of evidence in a campus adjudication is different than that of a criminal investigation (preponderance of the evidence instead of beyond all reasonable doubt). Having the campus judicial system provides an additional avenue for victims to seek resolution following an assault. Removing the campus process would remove a very important set of rights for victims.
  • Fourth, relying solely on a law enforcement and criminal justice response requires victims to report to law enforcement. We support the choice of victims to report to their campus, to law enforcement, to both and/or to neither. In fact, even students who choose not to report to campus are encouraged to access confidential medical, mental health and victim advocate services for support and accommodations.

UW has taken dramatic steps in the past year to better address sexual assault. These steps include hiring and training additional investigators, providing training to hearing panel members, aligning its procedures with Title IX guidance, publishing information about reporting options and victim rights, providing confidential victim advocate services on campus and engaging students in the discussion about possible solutions.

https://badgerherald.com/opinion/2015/04/08/uw-administration-sexual-assault-awareness-is-a-year-round-effort-for-uw/?preview=true&preview_id=116523&preview_nonce=5b95cf2d5d

UW has also provided clarification about a wide array of resources available to sexual assault survivors, including confidential services and options available off-campus. There is much work to do across the spectrum of prevention, victim support, holding perpetrators accountable via due process and creating a campus that does not tolerate sexual violence. We continue to rely on your thoughts, innovation and engagement to make that happen.

Students who have experienced sexual assault, intimate partner violence and/or stalking can find information about available resources at www.evoc.wisc.edu 

Associate Dean of Students Kevin Helmkamp and Assistant Dean of Students and Director of Student Title IX and Clery Compliance Tonya Schmidt collaborated on this piece.

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