T H E O ’ C O L LY
‘you don’t have a victim, you don’t Have a Case’
w e d n e s d ay september 14, 2016
Stillwater Police Department cannot investigate until an accuser reports sexual assault.
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ocolly.co m: Editorial about reporting sexual assault
ocolly.com: Bennett Hall attempted assault update
page 4: Stillwater police can’t afford body cams
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Sexual Assault
cove r s t o ry
Without victims’ input, police struggle to build cases > SPD didn’t know about a sexual assault until two months after. BY st etson Payn e
T
I n vestigat i v e r e p o rt e r
he Stillwater Police Department didn’t find out about a reported sexual assault until almost two months later. The accuser filed a Title IX complaint with OklaYhoma State University days after the incident but initially opted not to go to police. It’s one of many cases where an accuser waited to report to police, leaving law enforcement without a case in the meantime. SPD Lt. Jeff Watts said the department learned about the case only when the accuser, then an OSU student, filed a report with SPD in March. Watts, the head of SPD’s criminal investigation division, said waiting to report to police can hamper any investigation through lost physical and testimonial evidence. “The delay in reporting can sometimes affect people’s memory,” Watts said. “They may not be as sharp or remember as many details if not for the delay.” OSU received a Title IX complaint Jan. 19 that alleged a sexual assault at an off-campus house in Stillwater on Jan. 15. The Student Conduct Office held a hearing panel March 4. The panel determined both students were at fault and neither was punished, according to a student conduct case file.
initial decision to withhold Cochran’s name from police. A task force was already reviewing policy because of findings in the Freeh Report at Pennsylvania State University about the Jerry Sandusky scandal. OSU is one of more than 200 schools the U.S. Department of Education is investigating for how they handle sexual assaults. OSU retained attorney stetson payne/O’COLLY James Sears Bryant to Lt. Jeff Watts runs the Stillwater Police Department’s criminal investigations division. review the Cochran case The university said takes the initial report on him of assaulting them on in 2013. Telling police about an assault “would it followed its policy campus. OSUPD Lt. Mark and off campus, and local occur simultaneously by sending an email to Shearer said with the 2016 police and campus safety with the commencement the OSU Police Departcase, student conduct sent advocates criticized OSU’s of any Student Conduct ment telling it about a a campus security authorreported assault, but the ity report and OSUPD email didn’t provide any advised the student the names or an exact location case was in Stillwater’s because the accuser didn’t jurisdiction. want police involved at “If (the victim) doesn’t the time, the accuser told contact SPD, they’re not the O’Colly. The accuser going to have that inforinitially thought having the mation,” Shearer said. “If reported attacker susthe victim says ‘I don’t pended from school would want to prosecute,’ it’s be enough punishment, the kind of difficult for law accuser told the O’Colly. enforcement to go up and ask somebody to state the The policy facts of what happened The 2013 Oklahoma when they told somebody A&M Board of Regents they trusted they wanted policy states “appropriate to remain anonymous. It law enforcement officials puts us in a very awkward and the Board of Regents’ position.” Independent Advocate for In 2012, OSU President victims of sexual assault Burns Hargis and thenshall be notified, as soon chairman of the A&M as practicable, of such Board of Regents Andy allegations, including Lester ordered a review the name of the alleged of OSU’s handling of the perpetrator of the sexual Nathan Cochran case. assault.” Cochran pleaded guilty to When a student reports three counts of sexual bata sexual assault to the tery in 2013 after multiple Title IX office, OSUPD male students accused
WEDNESDAY, SEPTEMBER 14, 2016
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proceedings and before the creation of student records relevant to the assault,” according to Bryant’s report. Bryant also conducted a similar review for the University of Iowa in 2008 and represented OSU wide receiver Hart Lee Dykes during the NCAA’s 1989 recruiting investigation. He told the O’Colly telling police about a crime doesn’t violate any student privacy laws. “If a student slugs someone at a basketball game, you can call police without violating student privacy,” Bryant said in a recent interview at his STORY CONTINUES ON PAGE 3
uhs.okstate.edu PAGE 2
Sexual Assualt
c ov e r s to ry STORY CONTINUEd FROm PAGE 2
Enid office. “A crime has been committed. If someone is lurking around campus and molesting people, you can call the police but don’t tell them the victim’s name. “Tell the victim to talk if they want, but you can tell them the perpetrator’s name. That’s a crime, not a student privacy protection.” With the 2016 case, Bryant said he didn’t know why police wouldn’t be aware it occurred. He said the university should be able to tell police immediately. “Nothing (in the Family Educational Rights and Privacy Act) prevents an educational institution from contacting law enforcement for the purpose of investi-
What happens when a sexual assault is reported
gating an act that violates the law,” according to Bryant’s report. Although the university is obligated to tell police about an assault, it can give information such as the location and perpefor this story, but OSUPD trator only if a victim wants the case spokeswoman Carrie Hulsey-Greene said in to go to police. April she didn’t know whether the university Nowhere to start documented when it sent OSU’s Title IX coorinformation to police. dinator, Aleigha Mariott, Later in August, Hulseydeclined to be interviewed
list, I am informing you a female student reported to Student Conduct she was assaulted off campus on Friday, January 15,” Mariott wrote in the email. “We are working on identifying the alleged individual’s full name. The individuals were acquaintances.” If an accuser chooses not to go to police or file a report, student conduct can’t give the accuser’s name to the police without violating the accuser’s privacy rights, Hulsey-Greene said. Having only an alleged assailant’s name doesn’t do much
Students report sexual assault to student conduct ↓ Student decides whether to file a police report ↓ OSUPD tells student which department has jurisdiction ↓ Police start an investigation OR the report gets counted, and the case goes to student conduct Greene said the Title IX office sent an email to OSUPD Chief David Altman, OSU Vice President Lee Bird and the Board of Regents legal counsel Jan. 20. “Per our Title IX check-
good, she said. In theory it lets investigators identify a common assailant or connect an assault to another case, but without the accuser’s cooperation, there isn’t enough information to do a police investigation, HulseyGreene said. “If you have someone who’s named as a suspect in a rape, and you don’t have a victim, you don’t have a case,” HulseyGreene said. Stetson Payne is a multimedia journalism junior from Broken Arrow. He can be reached at stetson.payne@okstate.edu. Follow stetson: @ s t e t s o n _ _ p ay n e
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Stillwater Police
N e ws
Body cameras too costly; OSu students split reason for not having body cameras. During the first Stillwater He said state government Police Department’s citizen’s officials are talking about academy, police officers told finding ways to afford the residents SPD won’t use upfront costs of the body body cameras. cameras but haven’t looked Their declaration comes after the release of a video of past that. Watts said affording the an elderly Muskogee woman body cameras isn’t easy but being pepper sprayed. can be done. Each camera Geneva Smith, 84, was is about $900, and SPD has in her home, when police 78 officers, which adds up to entered searching for her son. more than $70,200. AffordHer son was tased, and Smith was told to turn around. After ing storage for the amount of data from the videos is the not turning around, she was next big cost. The last step is hit with pepper spray. employing people to watch Muskogee police have come under scrutiny for using and prepare videos for court or media. excessive force on Smith. “It’s a financial obligation,” SPD Lt. Jeff Watts said the long-term costs are the main Watts said. BY Vi cto r ia Dodge Staff Reporter
o’colly File photo
SPD Lt. Jeff Watts said body cameras are too expensive.
He said SPD ordered two body cameras for police officers on motorcycles as a test. He said the only thing worse than not having body cameras is experiencing a malfunction with them and the public thinking the department is hiding something.
Oklahoma State students seem to be split when it comes to body cameras. Although some of the students don’t feel as if they have enough knowledge, others such as graduate student John Kastner had an opinion. “I think having video cam-
eras would increase the ability to take some opinion out of things that happen,” Kastner said. “It’s easy to nitpick afterward, but at the same time, there’s a lot of things up in the air for question.” Kastner, of Edmond, said dash cameras have the same sunshine laws, and they haven’t been scrutinized. Freshman Raymond Odoala, from Tulsa, said he agrees with SPD. He said he doesn’t see how having body cameras could increase effectiveness in the police department. “Preferably, I wouldn’t have them wear them because I feel like that invades my privacy,” he said.
As long as the police aren’t bothering him, Odoala won’t bother with the way they do their jobs, he said. Shianne Woodford, a freshman from Arlington, Texas, said it doesn’t seem like a big deal to her, but it does make her suspicious. “I think they should be just for the fact of what’s been going on lately, for safety precautions,” Woodford said. Victoria Dodge is a sports media senior from Sebastopol, California. She can be reached at vickiy. dodge@okstate.edu. Follow victoria: @Victoria_Dodge
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