College Judicial Consultants

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The Real Problem with SAE’s Bus Video

“The best lack all conviction, while the worst
Are full of passionate intensity.” —W.B. Yeats, “The Second Coming

If you’ve read this blog, or if you’re going back and doing so now, you know I’m pro-Greek life. I really like fraternities and sororities and, for the most part, think that they are often the “low hanging fruit” when someone wants to seem like they’re addressing systemic issues of alcohol and drug abuse, rape culture, and other issues that I despise. My premise in earlier writings was that people who want to target Greeks can easily do so because Greeks give them plenty of opportunities, but that the things we vilify them for are done by less targeted areas of a campus community. In other words, if we’re fighting Greeks then fine. If we’re fighting the things we accuse them of then we need to be more systemic in our approach. I have also said that part of the problem is that by segregating themselves, requiring a selection and initiation process, and by being so visible as an exclusive group Greeks are understandable targets of scorn and concern, especially by non-Greeks.

Then the SAE video comes out with a bus full of white kids with names like “Parker,” embodying the privilege that people despise and “proving” what everyone has said about them. Enough people have broken down the video, but I think that there is a really important point being missed in the discussion of whether fraternities are racist or “America’s apartheid.” The video is terrible and I have no doubt that it’s happening elsewhere. In fact, we have already had this discussion when we were talking about sororities at the University of Alabama a year ago. I hate the entrenched privilege and exclusion in many Greek chapters, but the thing that makes me the saddest about that video are the brothers and guests who weren’t chanting.

I’m not sad that they are in a chapter that got kicked off. I’m not sad that they’re embarrassed or that people think they’re racist. I’m sad because they did not have either the tools or the courage to speak up. I’m sad that in the BEST light, this is an organization run by the worst of them. I don’t mean their elected President or other officers, but I mean the guys who put their chapter at risk with every social event, endanger the health and safety of their guests and brothers, and who do so while demanding loyalty and silence from those people in the name of “brotherhood.”

When I spoke at a sorority on “Making Good Bad Decisions” I asked the organizer what she wanted me to talk about. She said that in their group of about 130 there were 20 or some odd sisters who were going to “get them in some real trouble.” This didn’t mean that other 100+ were following all the rules, but that this group were doing things without regard for themselves, their sisters, or their chapter as a whole. I asked “why do you think you guys let them” and the answer was the same as I hear from officers when I help a chapter in disciplinary trouble “nobody wants to be that person” who ruins a good time or seems uncool.

I believe that there are chapters that are irredeemable. I believe that there are chapters that do nothing wrong and meet/exceed every expectation set for them. However, I think most chapters are filled with good men and women who may break some school policies on occasion, but who are adamantly opposed to the same things the rest of us are–hazing, forced consumption of alcohol, sexual assault, racism, homophobia, etc. I also think that many of those chapters don’t have the ability to intervene and address behaviors that are against their organizational and personal values, and that that inability leads to the worst of them controlling how the chapter behaves.  When a chapter does not address that behavior and correct it, it is the same thing as embracing it. So when a fraternity in trouble comes to me and tells me that “it’s the seniors” or “this one pledge class” that keeps getting them in trouble I tell them that that stopped being true after the first time they did something with which you disagreed and the chapter did nothing.

The simple fact is that disciplinary action isn’t going to fix anything unless the chapters themselves preempt the need by dealing with those people within their organization that are betraying that organization through their actions. National organizations are suspending and revoking charters and schools are suspending and expelling organizations more than ever, and in some cases disbanding entire Greek programs. This will not stop until fraternities and sororities show that the problems are with a small percentage of their members and are being addressed meaningfully by the majority because, until then, the ones caught are indeed the entire chapter in every way that matters. The obligation for this training should be with the national chapters themselves. College administrators can support this bystander training, but the responsibility needs to come from the organizations that abandon chapters when things go wrong and claim that they are not acting in accordance of the national values. Unless a national organization BOTH teaches values AND how to support and act within those values, they are 100% culpable for the actions of their chapters.

Does your chapter do anything to address harmful or hateful behavior? Does your school provide any bystander training? Let me know.

 

Next post: Should the Oklahoma SAE’s have been suspended? What about the brothers?

A Brief Guide to Interacting with Administrators Without Making Them Want To Strangle You.

People in student affairs (i.e. the “adults” who work on all those things outside the classroom that make your school great) work in the profession by and large because they love students. The hours are long, the pay kind of sucks, and “admin” is said the way people say things like “lawyers” and “the Kardashians.” But despite all the bad parts, when we get to work with students and help them develop as people and/or leaders and challenge them to accomplish things that they would not accomplish without our help-that’s just awesome.

Usually.

Sometimes the students we deal with make us want to scream and pull our hair out (or in my case, someone else’s hair.) Students can be complete pains in the butt, irritating, and infuriating, but they don’t have to be.

Usually. 

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Unfortunately, some people are just entitled jerks.

To help you avoid common mistakes, and to help my colleagues avoid having to deal with them, here are some things you can do or not do to make sure your admin loves you.

  1. Get to know them before you have to. Whether you live on campus, are in a student organization, are Greek, or do (or potentially want to do) something besides go to class and study-there are staff there to help. Set up a meet and greet with them and just get to know them. In addition to helping them spot your name on a list of otherwise anonymous people, having a connection with them will help you get the benefit of the doubt if something does go wrong. (And ABSOLUTELY get to know your RAs. They are not only connected to the campus administration, but they are also often the first people who will interact with you if something happens.)
  2. Make appointments and keep them. Yes, the admin will do everything he or she can to accommodate you including putting all of their work on hold to speak with you, but that does not mean they should have to. They are professionals with a Masters degree or higher, and unless they have open office hours, they deserve the respect of you making an appointment. That being said, dropping in without an appointment is 100 times better than having an appointment you miss without advanced notice. (And if you do miss it, apologize and reschedule at his or her convenience.)
  3. Invite them to things with notice. Believe it or not, most student affairs staff work 50+ hours a week. While we can’t go to everything, we would love the invitation and will do what we can and the more heads up we have the more likely we can do it. Also remember that these are people with families and lives, so “notice” means more than a day.
  4. Try not to ask them for things outside of the office context. Specifically, when you see an admin you know and work with outside of the office, that isn’t the time to tell them or ask them something you want to remember. Note: if they ask you, this does not apply.
  5. Thank them. This is a time when you can stick your head in, send a quick email, write a note on FB, or send a Somee card. It doesn’t have to be much as long as they know you appreciated the work they did. They get paid to work, but the caring they showed you was on their own time.

 None of this will get you out of trouble or ensure that you get that position you really want. There isn’t an ulterior motive or something immediate to gain. Part of being a leader (or at least an adult) is learning how to recognize and appreciate the people that work with you.

Do you do anything to show the staff you respect them? Are you in student affairs and have another suggestion? Let us know in the comments or email me at DaveK (at) CollegeJudicialConsultants (dot) Com.

 

 

Stop Forcing Good People to be Defined by Bad Decisions.

“Confession of errors is like a broom which sweeps away the dirt and leaves the surface brighter and clearer.” -That Gandhi Guy

 

After running CJC for the last 18 months, being the Chief Judicial Officer at MIT for over 4 years before that, and being involved in student misconduct for 5 years before that I know one thing to be true—almost all students are really good people. That doesn’t mean that these good people don’t do some really bad or really dumb things, but the fact that they do them does not turn them from individual symbols of hope and limitless potential to Jack the Ripper (or even John the Plagiarizer.)

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Who doesn’t love this guy? If he was a student at any college and made as many mistakes as he has, he would have been expelled.

Instead what happens is that once they mess up they find themselves at a place where they think they are totally screwed and their life is over if they get caught, and will be able to skate by if they do not. This isn’t a hard choice for most of them because the consequences of being caught are the monster under the bed, and not getting caught means they get to move on with their lives. Faculty and staff know that students are still developing as people (there’s even something called “student development theory,”) but people act shocked and disappointed when, despite the lack of almost any real-world examples, students don’t make the decisions we expect “fully developed” people to make. We punish them as if they have broken some rules of God and nature that make the university or the community what it is, and that their failures endangered everything good in the world. What we do not do is allow for the fact that, in a lot of cases, we have failed them by not giving them a third option.

 

Before you say what I know you’re thinking, let me be clear: most students are in similar places as the “bad actors” developmentally, face similar pressures, and yet act ethically and intelligently even when things get tough. There is definitely an obligation to the larger community to hold the “bad actors” accountable to reinforce the good decisions and support the majority of students who do the right thing. I get it. I believe it. I tell my clients that. However, that does not mean that we are not remiss by not offering any  opportunities for students and student groups to come clean.

 

The way bad decisions work (and I speak from experience) is that they are made and there is a period of time between the bad decision and when you get caught (assuming you get caught, which is less likely than we pretend it is.) During that time, you worry about what will happen if someone finds out, envisions your dream career and life evaporating into nothing, and the people you love and respect being so disgusted by you that they abandon you completely. For many students the time after the bad decision is when things get worse-they drink to drown the guilt, they start skipping class to avoid the professor, they get angry at the pledge that “makes them” feel bad, etc. Even more tragic is that they occasionally spend so much time trying not to feel terrible that they start justifying what they did. They say things like “everyone does it” and “it’s not that big of a deal.” When we do not help students be reflective and learn the right lesson, they teach themselves the one that makes things better for them.

 

And that’s where we fail all students.

 

What are we trying to teach the next generation of leaders? If the lesson is “never make a mistake or bad decision” then we are simply fools. Nobody goes through life flawless (except for maybe one skinny bearded fellow, and I’m pretty sure even he hung around with whores and thieves.) We should be teaching people that it is not a bad act that defines them, but what they do about their bad decisions. In other words: character is not defined by perfection, but by identifying when your actions have hurt someone or something and doing what you have to do to make it right.

 

Schools must offer a way for a student to come forward before he or she is caught and admit the mistakes he or she made without facing the same (or similar enough) consequences that he or she would if he or she was caught. That avenue should allow them to escape the more common penalty and instead provide them with the opportunity to make amends. SOME schools offer restorative justice options for lessor misconduct, but I don’t know of (m)any that allow larger misconduct to be dealt with in this manner.

For example, If a student copies a solution on a homework, hands it in, and immediately regrets it there should be a clear path for her to confess and do whatever is necessary to atone for that decision. Otherwise students will remain in the situation they are now—covering up all misconduct because they believe (usually correctly) that admitting it will guarantee that they get suspended or that they will otherwise be stopped from pursuing their dreams, even temporarily. 

 

I am not saying the restorative path should be easy, or that students will be willing to do what’s necessary to redeem them. However, there is value in developing the next generation of leaders to be people that admit when they make mistakes and are willing to do whatever is necessary to repair the damage they cause. If a student comes forward for academic misconduct before the act is discovered, a professor could give them an incomplete, make them complete a substantial assignment, and lower their final grade even if they complete the assignment. That’s a punishment, but it also provides an incentive to do the right thing in a way that either getting away with it or having a hearing does not. If the atoning student chooses not to do the restorative work, then that refusal can be used against him or her at a subsequent hearing because their lack of character will make the current sanctions that much more appropriate.

 

Without providing students a “safer” way to come clean we are teaching them that once they make a mistake they should do everything they can to not get caught. That failure to develop character is much more serious to me than someone copying question #4 on the third homework in their Physics I class. Once you create a culture where the people who make the worst decisions do what they can to get away with that bad decision, you are actively taking people who are fundamentally good and train them to be the next Ken Lay or CEO at Bank of America. Colleges should do better.

Let me know your thoughts in the comments or at DaveK@Collegejudicialconsultants.com.

 

Never Accept “Choose Your Battles”

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You will interact with many faculty and staff this semester as you engage in various activities outside of the classroom. Some of you will be working on developing your leadership skills and this means you will work with dedicated professionals all committed to helping you develop strong leadership skills. There will be retreats, meetings, trust falls, Leadershapes, and other awesome experiences. As you work with these people you will become closer to some as you identify your area of interest (Greek life, public service, college radio, LGBTQA advocacy, etc.) and assume a leadership position in these areas. You will hear words like “change agent” and be told that you can make a “huge impact” within your area, both locally and globally. If you do well, you might even be invited to sit on numerous administrative committees as the “student voice” and that will give you an inside view of policy making on a college campus. You will get to know some of the higher level administrators and feel really involved in the running of your school.

Then one day, you’ll be talking to some friends and realize that there is something you think is unfair or just plain sucks. Maybe your school receives money from a corporation you believe is anathematic to its values, maybe you think the sexual assault policy revictimizes, or maybe you just think your student fees are being mismanaged. It doesn’t matter what the issue is. The point is that there will be a policy or lack of a policy that you believe affects the people and issues you cares about. You know it will be controversial and will upset some people, but it is important to you. So you turns to your mentors in student affairs or in the administration who hears your concern, they nod and indicate that they’re listening to you, and when you’re done they say “You should choose your battles.”

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That phrase, and the idea behind it, is completely against everything you are being taught about being a leader, and you should demand more from your co-curricular educators.

While there is some value in the idea that not everything that annoys you should become a bloody cage match, in almost every instance the person who tells you to “choose your battles” is in a position of authority over you, disagrees with your opinion, and/or knows that if you choose that particular battle their life will become more difficult. Unfortunately, there are some places where the upper administration is insecure or desires to separate itself from controversy. At those places, the administrator you’re talking to might indeed get some heat if you protest too hard or loud, but that should never stop you from fighting a fight you think is worth it. “Choose your battles” is not the advice you give someone when you want them to pursue an issue, and it should never be the advice anyone in student affairs gives you. It is lazy, passive aggressive, and anti-developmental-you deserve better.

No matter how much of a student advocate someone is as an administrator, that person is still an administrator. This means that he or she is part of the system that is perpetrating the problem. This is true for everyone (including me) and you can forgive someone for not wanting to be seen as backing a potentially high-conflict issue when that concern isn’t shared. However, what you should not forgive them for is not helping you understand the potential consequences of their battle and then helping you prepare for that battle if you want to proceed.

Sometime ago someone decided that education should be neat. That we should be able to measure knowledge like calories and that there was such thing as “acceptable” dissention. That’s crap. The truth of the matter is that you should be encouraged to not only make mistakes, but make HUGE mistakes. Career injuring mistakes. Picking your teeth off the floor mistakes (this might have just been me.) This does not mean you should be sent into battle ignorant of the consequences, but that once you decide the potential consequences are worth the risk—they should cheer loudly for you. The key is to make sure you’re making informed mistakes. Once you do, you should be raised high on their shoulders and have a spotlight on you a real leader—willing to risk what others will not to fight for an issue you believe is right.

Notice that nothing I’m saying means that the administration has to back your issues or even defend you from people who attack you for fighting your chosen fight. It does mean, however, that they should help you develop the tools and understanding you need to fight the fight you choose. As long as you know that your battle could result in a disciplinary violation, jail time, getting fired, or any other negative consequences and your understand what those consequences mean-they have done their job.

I think there are three primary responsibilities of the student affairs staff working with you to make you the type of leader willing to stand strong in the face of opposition for your principles. The should:

  1. Help you really understand the issue. When something happens that you don’t like, you tend to react strongly. However, few issues are as simple as they seem. The administrator should help you understand why a decision was made or a policy is in place, what it accomplishes, who it affects, and who will be affected if your are successful. I have had many students decide that an issue was not “that bad” once they understood it completely, and regardless of what you decide to do once you have all the information you will be able to be confident as you move forward.
  2. Help you identify the proper audience for your complaint (or target for your outrage.) When something happens on a college campus people tend to write the President or the Trustees without realizing that doing so will just delay a response since the higher you go in a university hierarchy the less chance there is that person will be the one who understands the issue. Administrators have the ability to look into issues and identify the decision makers, and they should do so and share that information with you to not only make sure you have the right person/people in your crosshairs, but to protect everyone else.
  3. Make sure you understand all the rules and policies that will come into play as you move forward. Most campuses have rules governing when and where students can protest, appropriate language, posting rules, etc. Making sure you understand the rules not only stops you from getting in trouble accidentally, but it also allows an administrator to give you the proper framework to make it more likely you will be heard.

In the academic world students are taught to challenge the information that has been amassed before them, and to rethink issues and challenge the norms. Until student affairs not only supports students as they fight against issues but encourages them to do so, it can not claim to fully develop leaders or advocate for students. Every student affairs professional I have ever met is dedicated to doing both of those things, but when discourage dissent they encourage conformity.

And frankly, we have enough apathy and conformists in my generation. We don’t need more from yours.

Has this happened to you, or have you had the opposite experience? Let me know in the comments or email me at DaveK@collegejudicialconsultants.com!

A Real Recipe for Disaster-Suppress Student Voices

Dartmouth

Recently there have been some disturbing stories in the news. After last year with the incidents with the Occupy student protesters at Berkeley and Davis, you’d think that colleges would have learned that bad reactions to student frustration elicits a stronger reaction than the protests themselves.

Nope.

In a time where some educators and former student activists lament the apathy of this generation in America, some schools are using their campus judicial system to punish students who are protesting actions by the Boards or what they see as insufficient action by administration. Using the system in that way is dangerous because it stifles the voice of the leaders of the new generation, sets a precedent that will silence student voices for years to come, and completely undermines the credibility of the judicial system itself. To be fair, the student protesters may have technically violated the rules regarding protests or trespass or embarrassed the school at key times, but the solution to these violations is creating a “teachable moment” and not creating a disciplinary record that may keep them out of graduate schools, deny them employment, prohibit them from getting government clearance, and keep a record in the judicial office for years after they graduate. While the students’ choice of methods may be unfortunate, using the campus judicial system against them violates the entire that system, not to mention completely invalidates the school’s attempt to develop leaders.

A good campus judicial system is supposed to be an educational response to violations of the values and expectations of the campus community. Since that is a fairly nebulous concept, rules are put in place that are meant to reflect those values and/or ensure the health

mgid-uma-content-mtv.com-1563423and safety of the campus community as a whole. A good system also allows administrative discretion to make sure that people aren’t using the nuclear option against students when diplomacy would work. It is that aspect that has failed here, and I cannot believe that the failure is accidental.

One of the most amazing experiences you can have as an educator is watching as a student realizes that he or she can make a difference. Schools almost universally establish co-curricular goals of giving students the tools they need to become leaders, critical thinkers, and problem solvers. Schools have offices dedicated to leadership development, entrepreneurship, and service learning to help train those students passionate about making change in their local or global community, and to inspire others to become so. Unfortunately, to today’s generation, the idea of a metaphorical “suggestion box” just isn’t good enough. In a world where you can use social media to directly connect with Donald Trump, Lady Gaga, President Obama, and Speaker Boehner, having to walk up the chain of command is seen as slow, unnecessarily complex, inefficient, and simply not good enough. This is especially true if the issue involves social justice, ethics, or what is viewed as recurring or imminent harm. On the one hand, it is important that passionate students be taught effective ways to voice their displeasure, engage the help of the right people, and do it in a way that allows change to occur. Administrators might argue that the students are being punished because they went outside of the accepted methods of protest and created a disruption that was unacceptable, and perhaps did so without trying to accomplish things the “right”way first. With all due respect, that is a terrible reason to actually punish students.

The simple fact is that schools are, in many ways, a business. Their “widget” is education and it is an amazingly valuable widget that I love, but it is a widget nonetheless. There are some schools that do a great job walking the line between corporate thinking and the ivory tower ideas of the past, but many of them do not have that luxury. Some schools have placed people in upper administration that are business people first and educators a distant second, if at all. So the administrative hierarchy is filled with more red tape and obstacles at a time when society is tearing those down. This has made it very difficult for students to find consistency and transparency, and has actually increased the frustration many of them feel. While a school should want even the most frustrated students to voice their concerns the “right” way, if students do not feel that those ways work, there has to be an awareness by those schools that the student perception is at least partially their fault.

If students identify what they see is a problem and they try to work to resolve that problem with little or no success, what do we want them to do? What would a leader do? Once that group has spoken to the right people and been told that “their concerns are noted and appreciated” but the looming deadline to affect change approaches, how are they supposed to ensure that they are not simply put off until the subject of their concern has already taken place. Cooper Union, for example, will be charging tuition for the first time ever and that was a done deal before the first student or alumnae could raise her voice.

In a time where most good people object quietly to the injustices they feel, we have the opportunity to raise a group of change agents willing to take vocal stands against those same injustices. We may not agree with them, we may not like their positions, and we may 21baruch-cityroom-blog480-v2not approve of their methods, but we sure as hell should not actively silence them. Silencing discontent does not eliminate the problem; it exacerbates it. The global community is full of those examples—Turkey, Egypt, Syria, China, etc. When you stifle one voice aggressively those people who were simply content to watch start choosing sides, and the last thing an administration wants are students that lose faith in their ability to advocate for them. It’s simple—if the administration does not have the students’ back, the students will cut administration out of their process.

Now, I am in no way saying that any student action should be accepted without consequence. There are clearly things that a dissatisfied student could do that not only should be addressed swiftly and severely, but must be. However, as long as the student actions do not impact the ability of other students to pursue their own interests using the campus judicial system is the wrong response. Yes, in other countries or in the streets of this country a protester can expect to face some sort of legal consequence, but college campuses should be different. In the long run, disciplinary probation will not be a big deal to most people, but students do not know that. Most students believe that being on probation will hurt them down the road, and every administrator knows that belief exists. If the students punished in these cases don’t care about being put on probation, you can bet the administration knows that other students will. Punishing these students is more about making sure that any future student who gets frustrated to the point of taking action thinks twice. Administrators know that many of them will simply suffer in silence thinking that the risk isn’t worth it, and that they will therefore not have to deal with these types of situations in the future.

If colleges do not encourage students to vocalize dissent, there will literally be no place left that does.

What do you think? What should students do if they feel that they are being ignored or simply being paid lip service? What should colleges do to reinforce the idea that there are “right” ways to do things?

I should also say that if you are in trouble for protesting at your college, we will help you navigate your judicial process for 30% off our normal prices. Keep fighting the good fight.

Apples and Oranges—Sexual Assault as a Judicial Issue (pt. 2)

There is a lot of understandable outrage from sexual assault and interpersonal violence advocates about the way they see assaults mishandled on college campuses. The criticism I hear most often is that since sexual assault/rape is a crime it should be handled by the police and the criminal justice system. They worry that a college will mishandle things or pressure a victim, and that the victim will not be able to avail herself of the criminal courts. As a result, they fear that the rapists and assaulters on campus will go free or, if they are punished they will get a slap on the wrist compared to what would happen if things were handled “correctly.”

Let’s be clear—recent history has given these advocates a lot of cause for concern. I have already discussed investigations about the way very prestigious schools have mishandled sexual assaults and the reporting of incidents, and those failures (along with the other anecdotal ones any advocate can tell you) have engendered an understandable belief that schools are actively (or at least negligently) silencing reports to make themselves look better.  After all, they only have to report sexual assaults they know about so the less they know the fewer “occur,” and the safer their campus will seem to prospective students and their families. Since I do not know the actual story at any of these schools, I do not want to comment on their intention. I have already talked about how a bad system can hurt victims; however, the college judicial system is no worse than any other system and in some cases has distinct advantages for a victim. If you believe that the solution to the problems with some judicial systems on some campuses is to eliminate their ability to hear these cases, you will be hurting more victims that you help.

As a hypothetical, let’s say that a victim comes forward and says that she was sexually assaulted at a party in an off campus apartment. She says that she went there because she liked one of the guys that she knew from class, but since she was nervous she drank more than she normally does and got very drunk. While she remembers flirting with the guy she liked, she doesn’t remember much after she played a drinking game with “jungle juice” but that she woke up in his bed with him and knows they had sex. When she woke up and realized what happened, she freaked out because she would NEVER have had sex with him. In fact, she is known as a good girl, and that has made her somewhat of a challenge to the boys that know her. When the boy woke up he was being very nice as if nothing was wrong, and offered to take her to breakfast and asked if she would spend the day with him. She made up some excuse she can’t remember and went back to her dorm. A week later her RA brought her to the sexual assault advocate’s office when she heard what happened.

There are much more “horrific” cases that occur on a college campus, but do not be confused—this is sexual assault. Situations like this were the majority of cases that came to me as a judicial officer-ones where the extent of the sexual act was never a question, the victim and attacker knew each other (and often in a positive way prior to the assault), and alcohol was involved. In these cases a victim is often unsure about what she wants to happen to her attacker. There are times where she wants him thrown in jail, times where she wants him kicked off campus, and times where she only wants him to understand what he did to her so that she can “move on.” In fact, I have had more victims back out when they thought their attacker would be suspended or expelled than I have victims back out because of an uncertain outcome. So how do you advise her?

If she wants him held accountable there are three roads she can take. If she decides to go the criminal route she may be able to get him arrested, thrown in jail, and if the case is successful he may face time in prison. However, she has very little control over what happens in the case, it can take a long time, a victim is often kept out of the loop, and in the type of situation described above many DAs will not prosecute. She could decide to sue him, but this option is expensive and takes even longer. Finally, she could decide to bring him up on campus judicial charges. While this option would  result in a much smaller consequence for the attacker (i.e., even if he’s expelled that’s much better than prison,) but the hearing will likely be confidential, she will be allowed to dictate much of what happens, and she can surround herself by the resources set aside for victims in these cases. That is at least true in good systems. Most importantly, if she chooses to use the campus judicial system she can still decide to use the other two because choosing that option does not in any way prevent her from changing her mind and also using the criminal or civil systems.

I know there are many survivors, victims, and advocates that don’t think the above benefits make the judicial system worth it, and will never accept that the system is “effective.” However, I think “effectiveness” should be defined by how a victim’s desired outcomes are met, and by the level to which a system can avoid revictimization. If you want to look at the systems based on their failures, none of them are “effective.” If you want to look at them by their successes, each of them can be. However, I believe that if you look at them as distinct and often not mutually exclusive options, the campus judicial system has the most potential to be victim-focused, minimize revictimization, and meet the victim’s desired goals to allow her to continue healing.

Of course, that’s only true in good systems.

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 This is a plug. If you do not want to read a plug for services, stop now! We will still adore you.

For the 2013-2014 school year we are going to be offering a victim assistance package to advocacy offices on campus. This will include:

  1. Serving as an on-call judicial resource for unlimited complainants for one academic year.
  2. Allowing the extent and nature of the assistance to be completely determined by victim and/or the advocate including maintiaining as much anonymity as a victim desires.
  3. Helping the victim build the most effective case against the attacker possible.
  4. Allowing advocates to exclusively focus on support.
  5. Identifying situations that may require outside legal involvement (e.g. a denial of due process, forced mediation, etc.)
  6. Reviewing the sexual assault policies, and offering recommendations for improving them.

We are in the process of ironing out the details, but if you want to retain our services we will charge half of what we would charge when these services become publicized in August. For less than the cost of hiring an outside investigator for one case, we will help as many victims as possible build strong judicial cases. We believe this will increase the numbers of cases that are heard, help advocates prove there is a problem on their campus, and by removing much of this responsibility from the advocate it will increase the trust and support between them and the victim. Contact DaveK@CollegeJudicialConsultants.com with any question or to discuss costs.

How to Fix The College Discipline System for Sexual Assault Cases

NYT article

Click here for the NYT article on the issues at Swarthmore and Occidental.

Colleges and universities are under scrutiny their (mis)handling of sexual assault and interpersonal violence (IPV) cases. High profile schools are being investigated for violating victims’ rights, while at the same time there is a growing movement advocating for increasing the rights and protections of the accused. There have been calls from both sides to take these cases out of the college judicial process and leave it to the courts, but all that will do is take options away from the victim and result in even fewer perpetrators facing accountability.

Both sides are correct—colleges are not equipped to handle these cases. However, it is not because the judicial systems are inherent flawed or a lack of awareness by the people involved—it is because it is impossible to have a system  fair to both parties when the people responsible for the different aspects of the case have other interests and responsibilities. To ensure the disciplinary process is followed and fair, a school should hire outside entities to handle the three major components of a case, and allow the college administrators to focus on their responsibilities.

By necessity there will be oversimplification of the issues to make this piece’s length manageable, but I am operating under several assumptions:

  1. Judicial administrators (JAs) and board members want to have a fair system that reaches the right result and do not intentionally revictimize or perpetuate rape myths.
  2. The college judicial system is the lowest barrier accountability system available to victims.
  3. Colleges have dedicated professionals in place to assist victims of interpersonal violence through the process as their only or primary responsibility. (This is more rare than the assumption suggests.)

(In addition, I am only discussing student on student IPV cases and will be gender normative-using “she/her” for victims and “he/him” for perpetrators even though I recognize that these roles are not absolute.)

There are four essential components to any case: the case preparation for each side, the investigation, and the hearing. Each requires a rigid activist committed to the perfect execution of their responsibilities in order for them to be successful. However, each of those by necessity encroaches on the other components.

A victim will have to answer questions she does not want to answer to aid in an investigation, a respondent may be moved or transferred out of a class to protect the victim, the opportunity to confront the accuser by definition hurts the victim, etc.

A victim will have to answer questions she does not want to answer to aid in an investigation, a respondent may be moved or transferred out of a class to protect the victim, the opportunity to confront the accuser by definition hurts the victim, etc.

For that reason, there should be 3 professionals exclusively dedicated to these components without regard or responsibility for the other 2, but with a good relationship with each other in order to assure equal advocacy, transparency and fairness. The JA should “only” be responsible for ensuring due process is followed at a hearing, and that each of the three advocates are engaged in a timely manner. While the JA might be able to assume an additional responsibility (and currently may do all of them,) the only way the JA can be responsible for ensuring fairness and due process is if there is someone else who can fully advocate for each side without concern for the other or for the school’s liability.

Simply put, it is impossible for a school to reduce or eliminate its liability in these cases without outsourcing the advocacy and investigatory responsibilities. As long as an “agent” of the school is working with one side in preparing a case, the school remains at risk of liability from the other side. Schools know this, so even victim advocates are pressured to limit their work to connecting victims with resources and, in the best systems, advocating for “one-sided” accommodations. The advocate may also provide excellent advice in preparing the case, but he or she does so knowing that if the respondent sues that assistance may be used against the school. The victim and respondent advisora needs to be separate from the university, intimately familiar with the college judicial process, and have a good and open relationship with the support resources on campus.

Providing equal and external assistance is crucial since the basis of most claims against a college is “inequitable resources” that resulted in an outcome that breached the school’s duty of care. It is also important that the “outsourced” group not be attorneys and/or not be acting as an attorney to prevent the process from becoming de facto litigation. The judicial process is not a legal process and while these resources will help the parties prepare their cases, get ready for the hearings, and protect their rights and interests it will remain up to the students to present their cases through whatever system is in place.

The last component necessary to increase the fairness is a competent external investigator for each allegation that can interview the parties involved, meet with witnesses, ensure that all evidence is collected, and then prepare a report on those findings to help the parties prepare their statements and/or the board reach a decision. There are some schools, like Harvard, that have been doing this (or something similar) for years, but it is prohibitively expensive for most schools. I believe it is possible to have someone responsible for those investigations that can do them at a much lower cost (and have a few suggestions) but expecting students to gather all that information impartially and without exerting pressure on the people interviewed is unreasonable (and developmentally inappropriate.)

Engaging these outside entities will increase the likelihood that the parties will be able to present their positions fully and clearly, that as much information as possible will be available to get as close to truth and fairness as possible, and limit a school’s liability and giving them clean hands. It would be naïve to ignore the additional costs a school would bear to provide these resources, but compared to the positive impact for the students and the reduction in the liability, the costs would be well worth it.

What do you think? Are schools equipped to help each party prepare adequately while still protecting themselves? Are there other (and better) ways to approach this? Leave a comment or email me at (DaveK@collegejudicialconsultants.com). Be good and be safe.

Your Argument is Wrong, Ms. Grossman–The Realities of Sexual Assault Cases in College

Image

Click here for the Wall Street Journal Article

On April 17, Judith Grossman wrote an editorial for the Wall Street Journal describing her son’s experience with his school’s judicial system in a sexual assault case. In the article she raises some concerns about the judicial process that should be explored (and I’ll do that in Tuesday’s blog) but those points get lost because she uses straw man arguments (understandably motivated by a mother’s outrage), incorrectly states the problems, and misses the entire point of sexual assault cases on college campuses.

Sexual assault cases on a college campus are different than other types of judicial cases:

  1. Most sexual assaults between students involve a pre-existing relationship and alcohol. A victim being an “ex-lover” is not evidence in favor of accused students. In fact, predators rely on the idea that past relationships mean sexual assault did not happen, and develop these relationships prior to committing sexual assault to allow for that defense. The issue is was there consent in that particular instance. Nothing else matters.
  2. Most victims of sexual assault on a college campus do not bring cases against their attackers. Among the myriad reasons are the facts that they feel as if nobody will believe them, that they are somehow to blame (they aren’t), and that if the attacker is found not responsible that somehow means it didn’t happen. Ms. Grossman labels herself a “feminist,” but the only point of that characterization I can see is to somehow give credibility to her victim-blaming tone throughout the piece. While I do not blame her for writing as a mother, Ms. Grossman willfully ignores the overwhelming pressure against victims. This includes the very real and well-documented academic, social, and personal impact of sexual assault and the overwhelming percentages of victims that suffer in silence fearing the exact type of response in the piece.
  3. Victims that come forward and hold their attackers accountable have been shown by the FBI and DOJ to be presenting “false” accusations only 2% of the time. Even assuming Ms. Grossman’s son was victim of the incredibly rare 2%, when a victim comes forward and has the courage to see the process through the smart money is on it being true. Her characterization of this woman as a “spurned ex-lover lashing out” is dangerous because it has the very real possibility of preventing future victims from coming forward for fear that they will be classified in the same way.
  4. Title IX and the Office of Civil Rights did not eliminate the presumption of innocence. I have talked about the problem with “innocent” students defending themselves, but If her son was indeed “presumed guilty,” that has nothing to do with Title IX. If she is correct, it does sound as if her son went through a terribly unfair system that misapplied OCR’s instructions, but the instructions themselves do not eliminate a victim’s rights. (I explain the preponderance of evidence standard in these cases here.) In 2011 the implementation of Title IX, as it applies to sexual assault and other interpersonal violence cases, was explained by OCR to require a school to do something when a student comes forward as a victim of these types of crimes. This was done to address systemic issues with colleges covering up sexual assaults intentionally, “accidentally” through heavy-handed administrative responses, or by allowing a culture that perpetuates rape myths, and letting peer pressure silence the victims.
  5. Neither party is allowed an attorney. Ms. Grossman makes it sound as if her son was the only one or as if there was an attorney against her son. Neither is true. An attorney did not question her son, the board does not consist of attorneys, and in all likelihood the only person who had an attorney’s help throughout the process was her son.

There are many problems with the campus judicial system, but the case Ms. Grossman uses and the issues she has do not prove those issues. Her call for changing the system and making it more “legal” is exactly why attorneys are not helpful if you are going through your campus judicial process. While it is true that most campuses do not provide the same specific resources for accused students as victims (we offer both,) that is because the college and world communities (including most people who sit on a judicial body) do not understand these issues, and their ignorance (or outright hostility) support the accused in these cases. As a wise colleague once said only partially facetiously “they don’t need help convincing the world they’re good guys.”

Let me know what you think! I respond to all comments and all emails sent to DaveK@Collegejudicialconsultants.com.

Kindness for Boston

There will be no blog today. College Judicial Consultants is based out of Boston, and the tragedy at the Boston Marathon deserves to have us take a break from our routine and honor all the victims. My hope is that we respond with kindness to each other, and remember that we are all connected.

 

God bless, and be kind.

Top Five (or 6) Reasons Students Get in More Trouble At the End of the Year

In my experience, the last 6 weeks of school have the highest amount of judicial incidents. I wanted to share some of the reasons for the spike, and offer some tips on how to prevent them. (As always, if you have any problems or want some advice on how to avoid problems, we can help.)

  • Senior Week. While it may be true that the rules are “relaxed” during this week, there is always someone who will take it too far and confuse relaxed enforcement with anarchy. Every year there are seniors who wake up from a night of debauchery to find that they have a meeting with the judicial office and have placed their graduation in jeopardy. Tip: Remember not to fight, destroy things, do drugs, or commit sexual assault and you should be okay. Better yet, stop drinking before you won’t remember all the fun you had.
  • Senior Week, Greek Version—Once classes and exams are over there are occasionally seniors who decide they can party with reckless abandon. The problem is that if they violate the rules, even if they are the only people left in the house, your fraternity or sorority will still be held accountable for their actions long after they’ve graduated. Tip: Work with your chapter advisors and Greek life office to separate your chapter from any “problem seniors” before they do something wrong. Even letting those resources know you’re concerned will help mitigate the trouble later if something happens.
  • You Are “Sick of It”—Stress makes small sparks into huge flames. If you are in a forced relationship with someone (roommate, project team, etc.) that has been difficult to this point, it is not going to get easier.  Tip: Get help-your RA, hall director, TA, and professors either have some training in mediation or can point you to someone who does. Address these issues BEFORE you lose it on your roommate for putting on Skrillex at 3am AGAIN, or on that jerk in your business class who isn’t doing his part.

 break-upcartoon

  • Breakups—When you’re in a relationship with issues, nothing brings those to the forefront like the looming specter of finals and summer break. Many breakups happen during the last 6 weeks of school, and someone invariably does not handle it well. This can lead to things like late night confrontations, unwelcomed and repeated texts/phone calls, and other behavior that quickly escalate to stalking and harassment. Tip: Listen to what the other person is telling you regarding his or her boundaries and respect those even if it doesn’t seem “fair.” Connect with the counseling center or administrators you know to safely talk it out.
  • Missed Work Catches Up With You—April and May are also big “academic misconduct” months. If you are too behind in a class to catch up, remember that an earned F is better than a sanctioned zero and a year home on suspension. Tip: Talk to your professor and explain your situation. Addressing it with 5-6 weeks to go will be well received, and your professor may even have some tips to help you feel less overwhelmed.
  • Spring Weekend—In the Spring almost every school has a major event with great musical and comedic acts and day-long functions—essentially they throw a HUGE two-day bash. In addition, there are also a lot of unofficial parties happening at the same time. What you may not realize, is Spring Weekend is also a time where most student affairs staff are required to work. In other words, there are more people on the look out for problems and disruptions than at any other point during the year. So when a student lets loose and comes to campus after they’ve been drinking for 6 hours in the sun or tried mushroom tea for the first time, they get caught. Tip: If you’re going to “get wasted” have a safe place to stay away from campus and people to make sure you’re okay. While you may miss Macklemore and Ryan Lewis on the quad, you won’t miss school for the year you’re suspended. Bonus Tip: Watch your guests! Remember that if your friends come visit that their actions can be held against you as if you did them yourself. Be prepared to keep anyone who visits in check.

Do you have any questions you would like answered regarding judicial issues, risk management, student advocacy, or anything else? Email me at davek@collegejudicialconsultants.com. I’ll answer every email I receive and may use some of them in a newsletter or blog.

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