THE STUDENT VOICE SINCE 1904
INSIDE
SPECIAL SECTION INSIDE The University Daily Kansan
vol. 135 // iss. 22 Mon., Nov. 6, 2017
Free bus services offered for Tuesday’s election p. 3
Joe Dineen Jr. shines in Kansas loss to Baylor p. 11
KU’s rape reports: Where are they?
In 2016, 13 rapes were reported. The entities involved in these investigations make getting details on them or any subsequent charges nearly impossible DARBY VANHOUTAN @darbyvanhoutan The University’s Office of Institutional Opportunity and Access received 28 complaints of sexual misconduct involving students last year including 13 alleging rape, according to interviews and documents obtained by the Kansan under the state’s open records act. Nine of the 28 complaints resulted in punishments for student violators. The 28 complaints received and investigated by the IOA included students either as the responding or the reporting party. Officials declined to provide information about what happened with the other 19 complaints or whether any of the punishments to the nine student violators were related to any of the 13 rape complaints. As a result of a separate open records request by the Kansan, the University’s Public Safety Office also released copies of four of the 13 rape reports. The four complaints alleged that two of the rapes occurred in University dorms — including one in Oliver Hall and one in McCarthy Hall, which houses, among other residents, the men’s basketball team. The two other complaints were reported in Jayhawker Towers and Wescoe Hall. The University did not release police reports on the other nine rape complaints. This indicates those reports were made to agencies other than the KU Public Safety Office. According to the University’s annual Jeanne Clery Act report, which documents crime statistics, seven of the 13 alleged rapes occurred on what officials call “non-campus” properties. These include properties operated by officially recognized student organizations such as fraternities and sororities, and property controlled by an institution used in support of the University. The Douglas County District Attorney Charles Branson is still considering charges in the McCarthy Hall case in which a 16-yearold girl was allegedly raped. Spokespeople for the IOA and PSO said they did not have information on whether charges were filed in connection with any of the other 12 rape complaints. Branson, who has responsibility for rape charges in Lawrence, reviewed three of the four rapes reported to PSO for charging consideration, according to Cheryl Wright Kunard, assistant to the DA. The alleged rape in McCarthy Hall is still under review, Kunard said. Another,
which was reported to have occurred in Jayhawker Towers in February 2016, resulted in no charges from the DA’s office due to a “lack of sufficient evidence to prove beyond reasonable doubt that a crime had occurred,” Kunard said. In the third, which occurred in Oliver Hall in October 2016, the defendant plead guilty to sexual battery in May 2017, according to Kunard. As punishment, the court ordered a 12-month probation, recommended counseling from mental health and substance abuse providers and random alcohol/drug testing, Kunard said.
“IOA has to render a finding for me to take action on it.” Lance Watson director Student Conduct and Community Standards
Kunard said she could not comment on the remaining nine reported rapes without case numbers or suspect names, which were not immediately available. At the University and in Lawrence, many different agencies can take sex-related complaints from University students and some are not required to report those to police or IOA. As a result, there is no central record of complaints that can provide the public with a complete picture of how many University students report or seek help for being victims of sexual assault or harassment. “Sexual assaults that are reported, for example, to the Office of Institutional Opportunity and Access, might be included in the Clery report,” Mike Leitch, associate general counsel for the University, said in an email with the Kansan. “But they may not result in a police report to KU PSO, either because the victim elects not to make such a report, or because the incident occurred beyond the jurisdiction of KU PSO and thus the police report would be made to a different law enforcement office.” Also, unlike some other universities, the University does not routinely release to the public how many sexual misconduct complaints IOA receives or provide descriptions of the alleged incidents. The University also doesn’t routinely provide the sanctions or punishments issued in cases where a violation has been investigated and found to have occurred. To get that information on the public’s behalf, the Kansan filed the
two open records requests and spent $425.50 to get the documents. The nine students sanctioned by the University for sexual assault or harassment were among more than 226 students in 2016 who received some form of punishment from the University’s Office of Student Affairs, many for violating alcohol and/or drug rules. In two of the cases, students were expelled and banned from campus for three and five years. Another student was suspended for a semester. Five others were put on disciplinary probation and one was issued a warning. In most cases, violators were required to take sexual education courses and some were ordered to receive counseling. The 28 complaints about sexual harassment and sexual assault made to IOA in 2016 was significantly lower than the number of similar complaints filed in in 2014 and 2015. There were 98 such complaints in 2014 and 64 in 2015, said Shane McCreery, IOA director and Title IX coordinator. The decline is due to a change in what’s counted, McCreery said. He said the 2016 numbers include only complaints filed directly by a student, faculty or staff member. In previous years, the numbers included third party reports regardless of whether the actual parties involved responded to IOA outreach to discuss the complaint. McCreery said that made the previous years’ numbers “misleading and high.” Cases that undergo a formal and complete investigation through IOA, McCreery said, are evaluated to determine whether the University Sexual Assault policy was violated. If so, the office recommends a sanction congruent to the Student Code of Conduct and is passed to the Office of Student Affairs for adjudication. According to Lance Watson, director of Student Conduct and Community Standards in the Student Affairs office, the only Title IX offenses that see punishment at a University level are ones that have gone through the full IOA investigative process. “IOA has to render a finding for me to take action on it,” Watson said. “If IOA makes a finding I’m going to move forward with our student conduct process. If they’ve investigated and they find a violation of sexual harassment policy, they send it over to me for adjudication.” — Edited by Paige Henderson
Source:
Accountability Choices Alcohol 1 Class
Accountability Course
Choices Alcohol 2 Class
8/26/2016