04-08-2015

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CELEBRATING OUR ONE HUNDRED AND TWENTY-FIFTH YEAR OF EDITORIAL FREEDOM Wednesday, April 8, 2015

Ann Arbor, Michigan

Editor’s note: Emily Campbell, one of the subjects of this piece, is a copy editor at The Michigan Daily. Campbell was not involved in the editing process of this editorial or the Daily’s special report. *** In a phone interview with University spokesman Rick Fitzgerald on Tuesday afternoon, the Daily requested specific information about the sexual misconduct investigation process in order to clarify several aspects of a news report published in today’s edition of the paper. On behalf of the University, Fitzgerald declined to comment and said the Student Sexual Misconduct Policy would suffice in answering the Daily’s questions. In February 2014, the Department of Education’s Office of Civil Rights announced it would investigate the University for violations of Title IX legislation. In response to the investigation, the University issued the following statement: “We’re very proud of our student sexual misconduct policy, our prevention efforts and our programs to support survivors of sexual misconduct … we believe that a review of our policy, programs and investigations will conclude that the University of Michigan is doing what it should in this important area.” While the University claims it is doing “what it should” to support survivors of sexual misconduct, after reviewing documents and University policies, it is undeniable that the University’s sexual assault adjudication and education processes contain significant policy faults that cannot be ignored. First, the University’s sexual misconduct investigations function in a manner that brings their equitability into question. Second, there are discrepancies between the Sexual Assault Prevention and Awareness Center’s definition of consent and that of University policy it determines cases on, which raises concerns about the educational materials promoted by the University. In light of this specific case and the larger Title IX investigation, the University is left with one choice: It must change its sexual misconduct investigation policies and formulate better sexual education programs for its students. To persist with the current policies would only further discredit the University’s sincerity in combating sexual assault on campus. In December 2013, LSA sophomore Emily Campbell alleged that she was involved in unwanted sexual contact with thenLSA-freshmen Aaron Reuben and Jonathan Barnet. Campbell reported the incident to SAPAC, which referred her to a University hospital sexual assault nurse examiner, or SANE. A University Police Department investigation was automatically initiated. Information from this investigation was brought to the Office of Institutional Equity, where an adjudication process See EDITORIAL, Page 4

ocuments reviewed by The Michigan Daily — detailing a 2013 sexual assault complaint filed by a University student — raise potential questions about the school’s internal process for investigating allegations of sexual misconduct. Editor’s note: Emily Campbell, one of the subjects of this piece, is a copy editor at The Michigan Daily. Campbell was not involved in the editing process of this story. For further information regarding the reporting process of this story, see this Editor’s Blog online. Documents reviewed by The Michigan Daily, detailing a 2013 sexual assault complaint filed by a University student, raise questions about the University’s process for investigating allegations of sexual misconduct. In February 2014, the U.S. Department of Education launched a formal investigation into the University’s handling of sexual misconduct cases. In the months since federal officials commenced their investigation, the University was subject to another Title IX complaint. Title IX is a component of federal education law that prevents discrimination based on gender in any education programs that receive federal funding. In December 2013, then-LSA-freshman Emily Campbell reported to the University that she had been sexually assaulted on campus by Jonathan Barnet and Aaron Reuben, who were LSA freshmen at the time. The University’s judicial process determined the two were not responsible for sexual misconduct — a decision Campbell unsuccessfully appealed — but were sanctioned for disseminating photos of the incident without Campbell’s knowledge or consent. Barnet and Reuben were ultimately suspended, effective in January 2015, on that charge — a decision they unsuccessfully appealed. They will remain suspended until January 2016. Campbell’s mother, Maria Mortellaro, filed a Title IX complaint with the U.S. Department of Education on Campbell’s behalf. The complaint argues the University mishandled her daughter’s sexual misconduct case. The Department of Education has taken on the complaint and added it to its ongoing investigation of the University. This complaint details several steps of the University’s process that Mortellaro says were handled unfairly and alleges the University failed to provide a prompt and equitable response to Campbell’s report. The complaint centers around Campbell and Mortellaro’s view that a discrepancy persists between the standards of consent

December 11 2013: Campbell meets with OIE investigator Elizabeth Seney, beginning the University’s formal investigation.

taught by the University’s Sexual Assault Prevention and Awareness Center and those used during the University’s judicial process. The complaint also alleges that the University does not employ adequate protocols for determining what types of evidence and witnesses are permitted in proceedings. Another key part of the complaint is Campbell’s claim that the University advised her that hiring a lawyer was unnecessary. However, without a lawyer advising her throughout the University’s appeals process, Campbell said attorneys for the respondents

blocked several documents from being considered in the appeals deliberations. These documents included a letter from the University Police detective who investigated her case, in which he called the panel’s decision to find the respondents not responsible for sexual assault “unfathomable.” The Daily reviewed the documents pertaining to the University’s investigation, including the Office of Institutional Equity’s investigation report, appeals documents filed by both Campbell and the students who she alleges assaulted her — referred to as “respondents” in the University’s documents — and the final findings of an appeals board. Attorneys for the respondents chose to speak on behalf of their clients and did not comply with the Daily’s requests to interview the respondents directly on Tuesday. The Daily filed a Freedom of Information Act request in January 2015 regarding documents considered in the U.S. Department of Education’s March 2014 investigation of the University. The Daily has not received these requested documents. University spokesman Rick Fitzgerald could not provide more information regarding any questions raised by the documents related to this case and declined to comment regarding the University’s general processes at large. It could not be confirmed whether the documents reviewed by the Daily for this case encompassed all of those generated by the investigation and judicial proceedings.

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The incident occurred after Campbell, according to OIE investigation documents, attended a date party as a Kappa Kappa Gamma sorority pledge. Both Reuben and Barnet attended the same party. Campbell alleges she was coerced into participating in unwanted sexual acts with both Reuben, a Pi Kappa Alpha fraternity pledge, and his roommate Barnet, a Sigma Alpha Epsilon fraternity pledge, at approximately 2 a.m. on Dec. 6, 2013 in their Mary Markley Residence Hall dorm room. Campbell reported the alleged assault to SAPAC later in the day on Dec. 6, where she was advised to go the University Hospital. At the hospital, a sexual assault nurse examiner, also known as a SANE, administered a rape kit. At the hospital, University Police Detective Ryan Cavanaugh was the first to ask her questions about the previous night’s events — the initial step in a yearlong series of hearings, interviews and discussions regarding the incident. After Cavanaugh’s interview with Campbell, the Office of Student Conflict Resolution and Anthony Walesby, the University’s Title IX coordinator, reviewed the case and transferred it to the Office of Institutional Equity, which See POLICIES, Page 3 launched

January 9 2014: Attorney David Nacht states on behalf of Jonny Barnet, “His contention is that anything that happened that night was consensual.”

December 6 2013 2:00 a.m. : Campbell and Reuben return to Reuben’s room in Markley 2:26 a.m. and in the hours immediately following the alleged assault: Photos are sent to 20 people via a GroupMe depicting the alleged assault Evening: Campbell goes to SAPAC and later to the University of Michigan Emergency Room

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March 17 2014: Barnet requests an extension to provide feedback to the University following the University's initial draft report, which is later granted.

INDEX

Vol. CXXIV, No. 98 ©2015 The Michigan Daily michigandaily.com

NEWS...........................2 OPINION.......................4 ARTS............................. 5

SPORTS........................7 SUDOKU.......................2 CL ASSIFIEDS.................6


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