Monday, May 9, 2016
@ DailyEgyptian
Department of Education investigates university LUKE NOZICKA | @LukeNozicka
The federal government is investigating SIU after complaints about its handling of two sexual assault cases. In one of the cases, the university overturned its ruling against an alleged assailant because the time limit for reporting the incident had passed. The U.S. Department of Education’s Office of Civil Rights began its investigations on Sept. 4 and Dec. 14 into how the university examined the separate incidents of reported sexual violence, according to a U.S. Department of Education spokesman. The September investigation came after the university mishandled a 2013 sexual assault of an SIU student by the name of Eva, her attorney told the Daily Egyptian. In October 2013, Eva was sexually assaulted by a male student — someone she considered a friend at the time, said Cari Simon, a lawyer who represents Eva and other survivors at the Fierberg National Law Group in Washington, D.C. The Daily Egyptian is withholding Eva’s last name at her request. Eva, who graduated from the university in May 2015, chose to not report the assault; rather, she focused on finishing her courses and graduating. She confided in a friend — telling her about what she describes as the worst day of her life. The friend then reported it to the university on Aug. 19, 2014, Simon said. About a year after the assault — in October 2014 — the university emailed Eva and the accused assailant stating it had opened a sexual assault investigation, something Simon said SIU should not have done without Eva’s knowledge or consent. However, the Department of Education says universities are required to investigate cases even when victims disagree. Title IX Coordinator Casey Parker said SIU will open an investigation, despite the victim asking not to, if the accused assailant poses a health or safety risk to the campus.
DailyEgyptian.com
Sexual Assault Reporting Process If reported to the... Department of Public Safety
Office of Diversity and Equity
Carbondale Police Department
Counseling Center
Do you want police involved? Yes No Police investigate. If students are involved, university is notified and opens investigation.
Police investigate, send case to state’s attorney
Free counseling services, other university resources available
Do you want SIU to investigate? Yes No
Insufficient evidence Office of Diversity and for disciplinary action Equity compiles evidence, Sufficient evidence for McCabe Smith disciplinary action makes finding
Disciplinary action Both parties notified, option to appeal within three days
Case closed - appeal process available Both parties notified, case sent to Student Rights and Responsibilities
Upholds findings Student Rights and Responsibilities Overturns or makes decision changes finding based on ODE finding
If the accused appeals, victim is given documents and three days to respond
If victim responds, parties given one day to submit remarks to appeal officer. No new evidence allowed.
Six possible Student Conduct Code outcomes.
New investigation granted if appeal was based on: 6.23: New evidence unavailable at hearing. or 6.25: ODE findings based on factual error
Please see INVESTIGATION | 4
McCabe Smith reinvestigates and makes final decision, which cannot be appealed.
Branda Mitchell | Daily Egyptian
Vol. 100 Issue 89
Saluki athlete’s sexual assault case prompted policy change KAYLI PLOTNER | @kayplot
Editor’s note: The following story stems from Freedom of Information Act requests obtained by the DAILY EGYPTIAN. Neither the accused perpetrator or victim’s full names appeared in the FOIA documents. The university dismissed a sexual assault claim against a Saluki men’s basketball player in 2014 using a procedure that did not exist at the time. SIU’s sexual assault policy lists six outcomes for appeal proceedings. However, one of those outcomes was applied to a case belonging to a starting athlete before the policy was updated. Tyler Smithpeters was accused of sexual assault in the fall of 2014, university officials confirmed. Within the first two weeks of October, the Office of Student Rights and Responsibilities found him responsible for violating the SIU Student Conduct Code on charges of sexual assault, sexual harassment and underage possession or consumption of alcohol. Smithpeters appealed the charges, and his case was reviewed by the chancellor’s office. The outcome of his appeal, “remand for new investigation,” was handed down by then interim-Chancellor Paul Sarvela on Oct. 14, 2014. “Remand for new investigation” did not become an official outcome for a sexual assault appeal until January 2015. Smithpeters was reportedly not practicing with the team on Oct. 14, 2014. However, he was confirmed to be back at practice and a member of the team the following day. Smithpeters declined to be interviewed for this story and said he would prefer not to revisit the topic. Linda McCabe Smith, associate chancellor for institutional diversity, deferred to SIU’s legal counsel, Reona Daly, and ultimately to university spokeswoman Rae Goldsmith, who said the university is unable to comment on specific cases. Please see POLICY | 4
Victim’s choice leading reason for dropped sexual assault claims KAYLI PLOTNER | @kayplot
Editor’s note: The following story stems from Freedom of Information Act requests obtained by the DAILY EGYPTIAN and data acquired from the Jackson County State’s Attorney’s office. When an SIU student reports a sexual assault, there is little likelihood the alleged attacker will be punished. That lack of punishment is often a result of the victim deciding not to pursue the complaint. At least 77 percent of sexual assault or abuse cases handled by the Jackson County state’s
attorney since Mike Carr took office belong to SIU students. Between Jan. 1, 2013 and Jan. 1, 2016, Mike Carr’s office handled 73 sexual assault/ abuse cases. In that same timeframe, SIU Department of Public Safety submitted 32 cases, and Carbondale Police submitted 24 cases in which the victims identified themselves as SIU students in their police reports. Of those 73 cases submitted, 12 ended in dismissals, 18 in convictions and 43 in declinations. Declination is when the prosecutor decides not to file charges, often because of lack of evidence. Please see DROPPED | 2