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"I left with a lot of bruises. I got choked. I got punched in the throat every time I tried to scream," Jennifer says. "He didn't slur his words. He knew what he was saying," she says. At penn state, a complainant in a sexual assault case has options.
"I left with a lot of bruises. I got choked. I got punched in the throat every time I tried to scream," Jennifer says. "He didn't slur his words. He knew what he was saying," she says. At penn state, a complainant in a sexual assault case has options.
"I left with a lot of bruises. I got choked. I got punched in the throat every time I tried to scream," Jennifer says. "He didn't slur his words. He knew what he was saying," she says. At penn state, a complainant in a sexual assault case has options.
house, he took her into his room. She was sober, but she had watched him down two beers. Inside the bedroom, she saw five more empty cans. He had been stumbling as they walked to the house, but that changed once he turned to lock the door, she said. He was alert and ready to go, Jennifer said. He didnt slur his words. He knew what he was saying. He began to get physical with her. She wasnt interested. It quickly went beyond two young people flirting. I left with a lot of bruises. I got choked. I got punched in the throat every time I tried to scream, Jennifer said. She said the assault ended sometime after 5 a.m. By 8 a.m., she was able to leave the house and make her way to Mount Nittany Medical Center. At the hospital, she was introduced to a police officer and an advocate from the Center for Women Students. At first she was nervous about identifying the man whose number was still in her cellphone. She wasnt ready to listen to the officer discussing going further with the case. The sex was unprotected, so she was given Plan B, also known as the morning-after pill, to prevent a pregnancy. She said she was given a combination of 17 pills and shots and faced a year of blood work to rule out any sexually transmitted diseases. Overwhelmed and without a clue about how to handle the situation, Jennifer took a week off from school to spend time at home. When she returned to school in late September, she said, she was directed to Karen Feldbaum, associate director of the Office of Student Conduct. At Penn State, a complainant in a sexual assault case has the options of obtaining an administrative directive and pursuing an informal or a formal university conduct process, Feldbaum told the Centre Daily Times in an email. Complainants are encouraged to file a report with police and are told of school resources, including counseling and medical services, she said. If a complainant chooses a formal university conduct process, the case is reviewed for university charges and sanctions, which include expulsion, Feldbaum said. The informal process doesnt allow the university to formally charge the accused (called the respondent), but the university would still like to be able to interact with the respondent to set expectations, encourage counseling/intervention or engage the respondent in other appropriate ways, Feldbaum said. Jennifer chose a formal process and an administrative directive forbidding the accused from contacting her, including on social media. She said she was told the district attorney would not take her case. Although she said she cannot comment on why a specific case was not taken, Centre County District Attorney Stacy Parks Miller said sexual assault cases are no different from any other criminal case and must be able to be proved to a jury on the
UNIVERSITY CONDUCT HEARINGS RECEIVE PLENTY OF CRITICISM
By Annemarie Butkiewicz For the CDT
UNIVERSITY PARK When
universities hold student conduct hearings in cases as sensitive as sexual assault, it isnt easy to have a process that the accuser and the accused find fair. In July, The New York Times reported on the case of Anna, a Hobart and William Smith Colleges freshman whose conduct hearing panelists asked her if she had actually just had sex with the accuser and who did not understand what a rape exam entailed. Despite privacy laws, the college disclosed her name as a possible rape victim in letters to dozens of students and did not take action when the accused did not keep his distance from her, the Times reported. But its not always accusers who think they have not received a fair hearing. The Chronicle of Higher Education reported in September on young men found guilty in university hearing procedures whose lives were turned upside down. One drives a delivery truck and may never finish college, The Chronicle reported. Another was expelled from his dream college, although, he said, his ex-girlfriend had wrongly accused him of sexual assault. A third lost a $30,000 scholarship and his place on the football team. All three were expelled after their colleges found them responsible for sexual assault, The Chronicle reported. They join those who think the movement to bring attention to sexual violence on college campuses has gone too far, labeling innocent students rapists. The way that universities are handling the entire situation is terrible, one of the men, Joshua Strange, told The Washington Post in an Aug. 20 article. Its kind of a broken system. State College defense attorney Matthew McClenahen has a similar concern about Penn States student conduct hearing procedure. McClenahen said he had a client who went through a Title IX hearing procedure, and it was a difficult process for his client to prove his innocence. standard of beyond a reasonable doubt. She said sexual assault cases must meet the standards required for any crime to be taken to court, whether regarding physical evidence or simply testimony. We take (sexual assault cases) very seriously, Parks Miller said. We are committed to prosecuting those cases to the fullest extent. Sexual assault cases are always on the docket. Unable to pursue a criminal case, Jennifer instead began preparing for the hearing, which was scheduled for early November. She said she met about four days a week with her advocate, along with Center for Women Students Director Peggy Lorah, State College detectives and the university Counseling and Psychological Services representatives she was seeing at the time. Lorah said the Center for Women Students provides any kind of support a victim needs, including offering emotional support by being present when the Office of Student Conduct is notified and even attending the hearing. Lorah helped her prepare a statement for the hearing, and she and Jennifers advocate explained to her what would occur, Jennifer said. Jennifer said she was told
Title IX hearings involve cases of
alleged sexual misconduct. Although defense attorneys cannot participate in the process, they can attend. From what he saw in that case in terms of fairness, McClenahen said, the process seems to favor the accuser. The universitys hearing process uses a standard of a preponderance of evidence to establish guilt, McClenahen said, unlike in a court of law where the evidence has to show guilt beyond a reasonable doubt. In a typical criminal case in a court of law, usually the evidence is just so overwhelming against the defendant, he said. Senior Director of Student Conduct Danny Shaha said in an email that the preponderance standard means that 51 percent of the evidence presented must point one way or the other, propelling each party into a more equitable space. This standard puts the plaintiff and the complainant on a level playing field, Shaha said. McClenahen said it took a lot of hard work for his client, but in the end he won the case and was not expelled. No matter how frivolous and ridiculous a story may be, McClenahen said, the university does not see itself as being in a position to disbelieve a complainant. Shaha said the Office of Civil Rights for the federal Department of Education is reviewing all of Penn States policies, procedures and practices related to Title IX, including its hearing procedures when cases move through a conduct process. Penn State is one of dozens of universities being investigated for their procedures under Title IX, the law that prohibits discrimination based on gender in education programs and activities receiving federal funding; it includes how universities deal with and report sexual assault. Shaha said the Office of Civil Rights has not made any recommendations, but the universitys Office of Student Conduct is evaluating its own processes. It is working toward implementing an investigative model for cases involving sexual violence, as op-
that, during the hearing, she
and the man she had accused would be at opposite ends of the room. She would be tasked with questioning him. She said the idea of speaking to him made her feel like the crime was being simplified, as if she was asking him something akin to why he had stolen her laptop. With sexual assault and rape, its nothing like that, Jennifer said. Its so emotional. Logic doesnt fit in the equation well. The decision to proceed with the hearing was hard, she said, in part because people attempted to talk her out of going through the hassle, leading her to blame herself for the rape. These feelings were only heightened during one of her preparation meetings. She said Lorah and her advocate asked her questions similar to what would be asked during her hearing to toughen her skin, she said. Jennifer said the questions and comments were along the lines of, You have to expect that when you go into a mans room; Youre obligated to have sex with him, so why did you go in there?; What were you wearing?; Why didnt you scream louder?; and Why were you so naive to think he
posed to the traditional hearing model, Shaha said.
The position of conduct investigator has been created within the office, and the office plans to start a pilot program for the investigative model within the next few weeks, he said. Shaha said the investigative process is still in draft form, but the process has seen success at other universities. The conduct investigator works at the outset of a case to gather the facts from the respondent, complainant, witnesses and any others who have information. The investigator compiles an investigative packet, which each party can review, providing additional information as appropriate, Shaha said. Then the case is forwarded to a panel, which makes decisions based on the preponderance-of-evidence standard, Shaha said. Each party has the right to appeal the decision. Shaha said this process does not include the accuser and the accused facing each other. He noted, however, that they dont have to confront each other in the current process either, because they can choose to participate in person, over the phone, via Skype or in another medium with a partition separating them. Also in the current process, all questions between the two are only permitted through the university conduct board chair. In 2013-14, there were 12 charges issued for violations of the sexual harassment or sexual misconduct section of the student code of conduct, university spokeswoman Lisa Powers said in an email. In 2012-13, there were 20 charges, ranging from stalking to nonconsensual sexual touching to nonconsensual sexual intercourse, she said. Ninety-nine percent of the cases that the Office of Student Conduct manages are resolved at a disciplinary conference, Powers said. Usually the accused student, or respondent, accepts responsibility for the violation, eliminating the need for a hearing. But if cases do proceed to a hearing procedure, there are lower-level cases and higher-level cases, Powers said.
wouldnt do this to you?
Although, she said, she understood that Lorah and the advocate were trying to make it easier for her by the time of the hearing, it was difficult to hear the questions, which increased her insecurity. Lorah, however, said those are not the kinds of topics that would be talked about with students, and the hearing board would not ask such questions or let an attorney or advocate for the accused ask such questions. Instead, she said, to prepare complainants she and the Center for Women Students advocate, Audra Hixson, ask them what questions and concerns they think will be addressed by the board. The hearing board is really about coming forward in a way thats really respectful and gets to the heart of the story, Lorah said. Its always done in the spirit of making sure that a victim doesnt feel blamed and targeted. If the complainants advocate thinks questions being asked are not appropriate, the advocate can voice concerns immediately, Lorah said. In a Penn State hearing, the complainant has several alternatives to being in the room with the accused, including attending via Skype, a Web conferencing service. One of the things thats of-
One administrator or faculty
member hears lower-level cases, she said. The person appointed hears all the information and makes a decision that would likely result in probation or less. Higher-level cases those likely to result in suspension or worse are sent to a university conduct board hearing, Powers said. Regardless of a hearings outcome, information used in a university discipline process could be subpoenaed for the purposes of a legal process, Karen Feldbaum, associate director of the Office of Student Conduct, said in an email. But a students admission of guilt during a hearing does not mean a crime has occurred or could be prosecuted. In a hearing, using the preponderance-of-evidence standard the university decides if a student violated the Student Code of Conduct, not if a student violated the law, Feldbaum said. A conduct board is composed of five people two students and three faculty and staff members, with one of the faculty or staff serving as the chair. Faculty and staff are appointed by a college to serve; students apply to serve. Board members get intensive training at the start of their membership and regular annual training. Members who serve on panels that hear cases related to Title IX must complete annual training on sexual assault, Title IX, victimization and related issues, Powers said. Shaha said the complainants and the respondents have the same rights of participation and appeal, such as having an adviser of their choice and choosing whether or not to participate in the hearing; they also have the same criteria for appealing. Anyone asserting that the process the Office of Student Conduct utilizes favors one party over the other may not understand the process, Shaha said. Annemarie Butkiewicz is a Penn State journalism student. Penn State journalism student Morganne Mallon contributed to this report.
ten difficult for somebody
whos been victimized is to be physically in the presence of the person who committed the crime, Lorah said. It can be devastating and really triggering to be in that setting. Jennifer said she was told that hearing administrators had planned for her to use Skype because they were concerned about the way the man she had accused was behaving before the hearing. Jennifer didnt make it that far. Less than 24 hours before the hearing was scheduled to begin, she said, she was called to the Center for Women Students and told the man she had accused had admitted guilt and had accepted punishment. He was suspended for one academic year, Jennifer said. But he had already applied to and been accepted at another school, she said. Everyone around her took this as good news, she said, but she broke down, sobbing. Here I thought I got to dictate this hearing, she said, and then he pulled out and the school got to decide what the punishment was, without any of my consent. Jennifer said her fear and insecurity did not leave with her accused attacker. She still experiences flashbacks and worries that she could
Local tree farms welcome holiday business
Tree, continued from A1
farm sold its first tree of the
year three weeks ago to an outof-state customer, owner Martha Weidensaul said, and sold a few in the two weeks before Thanksgiving. After officially opening, the farm sold about 400 trees on both Friday and Saturday. Balsam, Fraser and concolor firs, white pines and limited numbers of blue spruces and Douglas firs are sold at Tannenbaum, Weidensaul said, although other trees are raised on the 133-acre property. Tannenbaum will also still be selling trees after Dec. 25 to accommodate the Eastern Orthodox faith, who celebrate Christmas on Jan. 7, 2015. To assist in selling trees, 16 employees worked on Sunday, Weidensaul said, many of
whom have worked at the farm
for years. Deborah Austin, of Centre Hall, has spent at least the last eight holiday seasons working there. The environment of the tree farm keeps her coming back to work there, Austin said. A family atmosphere exists between employees, she said, and she likes helping families find the right tree. Its a part of the Christmas tradition, she said. I enjoy seeing the kids when they find the perfect tree and theyre excited. Dave and Jan Smith were at Tannenbaum with daughter Kelly Praskovich and grandsons Triston, 5, and Connor, 3. They come to the farm every year to select trees and this year was no different. The family had a wheeled cart with two trees on it Sunday. They were
picked because they were the
perfect shape and height but proved difficult to cut down. A lot of hard sawing, Dave Smith said. I ruined my coat. The Helms family, of Bellefonte, were also at Tannenbaum. It was the fourth or fifth year the family had gone there for a tree but the trip Sunday marked a first. Daughter Eva Helms, 11, laid on a coat on the muddy ground sawing at a tree while her father, Will Helms, offered directions. It was her first time wielding a saw on the family Christmas tree. She got halfway through the trunk before son Tanner Helms, 15, finished the cutting. The family Christmas tree was selected because it was a little crooked and needed to go home with someone, mother Christy Helms said.
It had some flaws, but it
didnt need to be perfect, she said.
Clayton Over can be reached
at 231-4631. Follow him on Twitter @ClaytonOver.
run into him.
She said its important for those who have been sexually assaulted to tell their stories and hold their head high, but she would hesitate to advise them to go through the hearing process because it is traumatic and there is no way to know if they would be satisfied with the outcome. I think every girl that has gone through this process is so strong and so brave because theres so many times where it was way easier to just stop, Jennifer said. It takes up your life. Still, she is glad she chose to go ahead, she said. I would have regretted it if I didnt go through with it. Since the hearing, she has dealt with harassment from friends and fraternity brothers of the man she accused, she said. She and her family felt so uncomfortable that she pulled out of Penn State for the fall and coming spring semesters. She does not know if she will return. Morganne Mallon is a Penn State journalism student. SCHEDULE YOUR
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