The infamous case of Brock Turner, former Stanford student athlete who sexually assaulted a woman, was found guilty and served 3 months for the crime, apparently has taught Stanford University very little. The mindset of administrators is similar to that of the judge who sentenced Turner--who raped an unconscious woman behind a dumpster and then left her there. There is a fear of ruining the lives of the men who commit these crimes. Consequently, some of them are still on campus and the university is facing lawsuits and complaints about how it handles sexual assault.
[Interesting bit of information: most of the complaints pending against
Stanford were ongoing at the time of the Turner case--something we did
not hear much about in the coverage of that case. ]
Stanford currently is piloting a new program: using a 3-person panel and requiring the decision to punish be unanimous--not a simple majority--because “being expelled is really a life-changing punishment” according to the provost.The unanimity standard was put into practice in 2016. Expulsion is the only option if the accused/investigated is found responsible.
Two weeks ago The New York Times wrote a feature on Stanford and its handling of a 2015 case in which a disciplinary panel of 5 found a football player guilty of sexual assault--twice. Correction: a simple majority of the panel members found him guilty. But the standard at the time was a 4-1 decision requirement. So he was never punished and played last week in Stanford's bowl game. The victim, who studied elsewhere for a semester has not decided is she will return to Stanford.
Backing up a little though. Stanford has several Title IX complaints pending. Filed by former students, the complaints are centered on how the university investigates Title IX complaints as well as the disciplinary process. Again, as noted above, Standford has been changing their policies and procedures, and apparently are eager to avoid the feds coming to Palo Alto for a visit. In December, BuzzFeed reported that at least two of the women--both victims of sexual assault--who have filed OCR complaints were offered money in exchange for the withdrawal of the complaints. In one of those cases the money was offered under the guise of support for therapy and other expenses resulting from the assault; but conditional upon withdrawal of the complaint. (Withdrawal of a complaint does not guarantee that OCR will drop its investigation. It does not require a complaint be filed in order to initiate an investigation.)
As a reminder, the student-run marching band has been dormant this year (except for bowl games!?) in the wake of revelations about hazing--of a sexual nature. (All hazing deserves punishment; the nature of this hazing speaks to the campus climate, which is why I mentioned it.)
In addition to the OCR complaints, a lawsuit was filed against the school in December. A woman who was physically and sexually assaulted by a man with whom she had tried to end relations encountered resistance from university staff and officials as she made her way through the process. She heard the now unfortunately common responses to sexual assault that included questions about whether she really wanted to have sex with him (from a counselor) and whether she really wanted to pursue charges against the assailant, who admitted to student life staff that he did indeed rape the woman in question. Punishment was not pursued because staff believed he was sorry and would not re-offend.
He re-offended. Against at least two other women at Stanford. He graduated as a student in good standing in 2014. He was issued a 10-year ban from campus.
Stanford is pushing back against the media coverage of its many complaints and several lawsuits. There is a lot of PR happening. There is a lot more to come.
Showing posts with label Stanford. Show all posts
Showing posts with label Stanford. Show all posts
Friday, January 06, 2017
Monday, September 05, 2016
In the wake of Brock Turner's release...
There was a protest outside of the country jail in California last week when former Standford student-athlete Brock Turner was released after serving 3 months of his 6-month sentence for sexually assaulting an unconscious woman on campus. That protest centered largely on the judge responsible for the lenient sentence who protesters are trying to get removed from the bench. These types of actions have been occurring since Turner's sentencing.
The protests have moved east, but they look a little different. Outside of the Turner family home in Dayton, Ohio where Turner will be on probation and have to register as a sex offender, which news reports say he has yet to do, are armed protesters. Armed with guns. There are signs as well calling for Turner's (and other rapists' ) castration.
Where to begin?
First, as I have noted previously, this is not a Title IX case. It is, however, a case of a violent athlete and the privilege conferred by being an athlete (and, in Turner's case, a white, class-privileged athlete). It is relevant because athlete privilege often affects how Title IX procedures are carried out (or not). Also, given reports about Turner's behavior coming from female members of the swim team, there was probably a Title IX case in there if someone had chosen to pursue it.
What I am more interested in regarding these protests is the violence of them. The threat of personal harm, all extralegal, is disgusting. Turner did something horrible and disgusting; so did the judge that handed down the 6-month sentence. Protesters with large guns and signs suggesting that Turner should be raped or castrated do not make any of it any less disgusting. They do not right the wrongs.
Are the protesters suggesting that vigilante justice is more fair than the system to which Turner was subjected? I know there have been a lot of superhero movies this summer, but the romanticization of vigilantism is just that, romanticized. And it is without context--especially historical context that includes its use against racial, ethnic, and sexual minorities. Vigilantes have used guns and castration and rape to keep people in their place when they thought the law was not doing enough or that these extralegal actions could serve as a warning.
So why these actions?
It goes beyond vigilantism. These protests and the symbols and words being used are a means of reifying a masculinity that is still violent and still sexually violent. In other words, it is not questioning the level of violence in our society, it is suggesting that certain forms of violence are more acceptable than others. Castration is sexual violence. The rape of men is sexual violence. Guns are symbols and weapons of violence. And they are all about the power of men. What these protesters are suggesting is that their form of violence, encouraged by state-sanctioned gun use in the form of Ohio's open carry law, is real masculinity. Turner's form of violence--sexually assaulting an unconscious woman--is not a proper display of masculinity. Slinging a semi-automatic across your body and standing watch outside the home of a convicted rapist is an acceptable use of violence, based on these displays.
This is also about class and class-based masculinity. To some people, including those standing outside his house, Turner is not doing masculinity in an acceptable way. His class privilege, his sport (swimming), and the nature of his crime all contribute to the perception that Turner is not the right type of masculine. Hegemonic masculinity, how it is created and embedded in society, is on display on that sidewalk.
Amid all this violent masculinity, where is the concern about the woman who was raped? About women who are and will be victims of sexual violence? Where is the challenge to rape culture and to the culture of violence more generally? It is missing. It is all missing from that protest, which is sadly ironic but very much proof that this is not about the sexual violence perpetrated against women.
There are no apologies to be made for Brock Turner, and he has already been granted too much leniency. His enactment of violence and the protesters' enactment of violence are both tied to violent masculinity, and violent masculinity is at the heart of rape culture.
The protests have moved east, but they look a little different. Outside of the Turner family home in Dayton, Ohio where Turner will be on probation and have to register as a sex offender, which news reports say he has yet to do, are armed protesters. Armed with guns. There are signs as well calling for Turner's (and other rapists' ) castration.
Where to begin?
First, as I have noted previously, this is not a Title IX case. It is, however, a case of a violent athlete and the privilege conferred by being an athlete (and, in Turner's case, a white, class-privileged athlete). It is relevant because athlete privilege often affects how Title IX procedures are carried out (or not). Also, given reports about Turner's behavior coming from female members of the swim team, there was probably a Title IX case in there if someone had chosen to pursue it.
What I am more interested in regarding these protests is the violence of them. The threat of personal harm, all extralegal, is disgusting. Turner did something horrible and disgusting; so did the judge that handed down the 6-month sentence. Protesters with large guns and signs suggesting that Turner should be raped or castrated do not make any of it any less disgusting. They do not right the wrongs.
Are the protesters suggesting that vigilante justice is more fair than the system to which Turner was subjected? I know there have been a lot of superhero movies this summer, but the romanticization of vigilantism is just that, romanticized. And it is without context--especially historical context that includes its use against racial, ethnic, and sexual minorities. Vigilantes have used guns and castration and rape to keep people in their place when they thought the law was not doing enough or that these extralegal actions could serve as a warning.
So why these actions?
It goes beyond vigilantism. These protests and the symbols and words being used are a means of reifying a masculinity that is still violent and still sexually violent. In other words, it is not questioning the level of violence in our society, it is suggesting that certain forms of violence are more acceptable than others. Castration is sexual violence. The rape of men is sexual violence. Guns are symbols and weapons of violence. And they are all about the power of men. What these protesters are suggesting is that their form of violence, encouraged by state-sanctioned gun use in the form of Ohio's open carry law, is real masculinity. Turner's form of violence--sexually assaulting an unconscious woman--is not a proper display of masculinity. Slinging a semi-automatic across your body and standing watch outside the home of a convicted rapist is an acceptable use of violence, based on these displays.
This is also about class and class-based masculinity. To some people, including those standing outside his house, Turner is not doing masculinity in an acceptable way. His class privilege, his sport (swimming), and the nature of his crime all contribute to the perception that Turner is not the right type of masculine. Hegemonic masculinity, how it is created and embedded in society, is on display on that sidewalk.
Amid all this violent masculinity, where is the concern about the woman who was raped? About women who are and will be victims of sexual violence? Where is the challenge to rape culture and to the culture of violence more generally? It is missing. It is all missing from that protest, which is sadly ironic but very much proof that this is not about the sexual violence perpetrated against women.
There are no apologies to be made for Brock Turner, and he has already been granted too much leniency. His enactment of violence and the protesters' enactment of violence are both tied to violent masculinity, and violent masculinity is at the heart of rape culture.
Wednesday, June 08, 2016
Sexual Assault by Student Is Not Automatically a Title IX Issue
As the public continues to decry the six-month sentence for convicted rapist Brock Turner, I get the sense that many are wondering about possible Title IX implications for this case. From what I've read, there are none. The university has pointed out in a public statement that it conducted a prompt investigation that resulted in Turner's being banned from campus, "the harshest sanction that a university can impose on a student." The university also noted that it provided counseling services to the victim, who was not a Stanford student, once it learned her identity.
I don't take a position on whether students have appropriately criticized Stanford's statement as cold and unsympathetic, or whether the university should extend an apology to the victim and increase resources for sexual assault prevention. All I suggest here is that, if what Stanford says is true, there is nothing in the public record to suggest that more is required of the university under Title IX. Universities are not vicariously liable for the misconduct of their students. In the case of sexual violence and sexual harassment, they required to engage in a prompt and equitable response when it learns that such misconduct has occurred, and that appears to be what Stanford has done in this case.
Sexual assault has the potential to constitute a crime, a civil rights violation, and sometimes both. Often a reminder of sexual assault's dual character is required in the situations where there is no criminal liability for sexual assault. When cases like that are up for discussion, I find myself pointing out that the absence of criminal penalties doesn't mean that Title IX is automatically off the table. But that reminder works in the reverse, as well: just because there is criminal liability doesn't automatically mean implications for Title IX.
Friday, May 22, 2015
"It's safer to be quiet": Cultures of retaliation~Cultures of sexual violence
So many voices have created the current level of visibility and activism around campus sexual assault. This week we are hearing them speak about retaliation in light of recent events that reveal the connection between cultures of sexual violence and cultures of retaliation against victims and allies who speak out.
Arguably the most visible story this week is out of New York. Columbia University graduation was this past week and Emma Sulkowicz was among the class of 2015. Sulkowicz has been carrying a mattress around campus this past year as part of a performance art piece. She vowed to keep carrying the mattress until Columbia kicked her rapist off campus. They didn't. There is an extensive back story to Sulkowicz's experience which is marked by administrative ineptitude that has never been explained or accounted for. Columbia should be apologizing to Sulkowicz but instead the university president refused to shake her hand* at last Tuesday's Senior Day ceremonies where Sulkowicz, with the help of friends, carried the mattress across stage; the last time she would carry it.
Her assailant, Paul Nungesser, also graduated this week. He was on stage a few minutes prior to Sulkowicz. He has filed a lawsuit against the school in relation to Sulkowicz's project/protest.
There has been great support for Sulkowicz, and the mattress project has inspired other activists across the country to take up the mattress as a symbol. But there has also been significant retaliation. The university contends that President Bollinger did not slight Sulkowicz--who made a concerted effort to make eye contact and shake his hand--but rather that the mattress was in the way. Given that various administrators worked very hard to keep Sulkowicz from carrying the mattress on stage, I find it hard to believe that the lack of a handshake was really due to the fact that the mattress was blocking such a gesture. Only symbolically!
Sulkowicz said she would not participate in the ceremony if she was not allowed to carry the mattress. Because of the attention to her case, this would have been even worse PR for Columbia. Though the recent posters calling Sulkowicz a "Pretty Little Liar" have not been great either.
These posters, found around campus, are part of a larger effort to silence and discredit Sulkowicz and all those who would think about reporting their assaults, those who support victims, and even those who participate in investigations (which I will discuss in a moment).
This anonymous piece in Jezebel speaks to the culture of retaliation at Columbia. Written by the woman who reported that Nungesser sexually assaulted her--a year before what he has called consensual sex with Sulkowicz, the author details her experiences and why she remains anonymous. She is one of 4 people who report being sexually assaulted by Nungesser. The very visible and violent backlash against Sulkowicz had a silencing effect on this woman--who has only ever commented anonymously about her case--her and most likely other victims. There are so many pieces of this editorial I would like to quote (I recommend reading it all) but the most chilling phrase comes towards the end: "it's safer to be quiet."
That is certainly what a Stanford undergraduate learned this past semester. (Not a great week for Stanford.) This student is being held responsible--by the masses--for getting the Sigma Alpha Epsilon fraternity kicked off campus. She never reported the behavior she saw on pledge night; behavior that she found offensive and so left after 30 minutes. But she was asked to give a statement as a witness. She was not assaulted and never claimed to be. Somehow fraternity members found out her name and began harassing her. So despite the other factors that contributed to SAE's expulsion, this undergrad is being blamed. And when the harassment started against her specifically, this triggered an additional investigation into the fraternity. It was going to happen with or without her participation and after much thought (given her that her initial participation had gone so badly) she did decide to participate.
Her editorial is also startling and speaks to the climate of retaliation on college campuses that is barely (if at all?) being addressed as part of these larger issues. She writes:
"My only chance to protect myself was to participate in the same Title IX process that had made me a target in the first place. I knew that any decision I made would affect not just me, but the culture surrounding reporting on campus. I am a victim of harassment and retaliation, and this experience has been among the hardest I have ever had to deal with. I cannot imagine what it must be like for victims of violence and assault. Given the retaliation I faced for merely being thought to have reported harassment, I don’t know if I could face actually reporting a case of assault. And I am not willing to become a cautionary tale, an example of the reasons why people shouldn’t report."
These stories, in addition to the ones presented in The Hunting Ground, of women who spoke out all include anecdotes about other victims who come to them for advice because they are too afraid to report. Too afraid of the treatment they will receive by administrators, by law enforcement, and from their peers. This is an integral part of how rape culture is perpetuated and more needs to be done specifically addressing this component.
Arguably the most visible story this week is out of New York. Columbia University graduation was this past week and Emma Sulkowicz was among the class of 2015. Sulkowicz has been carrying a mattress around campus this past year as part of a performance art piece. She vowed to keep carrying the mattress until Columbia kicked her rapist off campus. They didn't. There is an extensive back story to Sulkowicz's experience which is marked by administrative ineptitude that has never been explained or accounted for. Columbia should be apologizing to Sulkowicz but instead the university president refused to shake her hand* at last Tuesday's Senior Day ceremonies where Sulkowicz, with the help of friends, carried the mattress across stage; the last time she would carry it.
Her assailant, Paul Nungesser, also graduated this week. He was on stage a few minutes prior to Sulkowicz. He has filed a lawsuit against the school in relation to Sulkowicz's project/protest.
There has been great support for Sulkowicz, and the mattress project has inspired other activists across the country to take up the mattress as a symbol. But there has also been significant retaliation. The university contends that President Bollinger did not slight Sulkowicz--who made a concerted effort to make eye contact and shake his hand--but rather that the mattress was in the way. Given that various administrators worked very hard to keep Sulkowicz from carrying the mattress on stage, I find it hard to believe that the lack of a handshake was really due to the fact that the mattress was blocking such a gesture. Only symbolically!
Sulkowicz said she would not participate in the ceremony if she was not allowed to carry the mattress. Because of the attention to her case, this would have been even worse PR for Columbia. Though the recent posters calling Sulkowicz a "Pretty Little Liar" have not been great either.
These posters, found around campus, are part of a larger effort to silence and discredit Sulkowicz and all those who would think about reporting their assaults, those who support victims, and even those who participate in investigations (which I will discuss in a moment).
This anonymous piece in Jezebel speaks to the culture of retaliation at Columbia. Written by the woman who reported that Nungesser sexually assaulted her--a year before what he has called consensual sex with Sulkowicz, the author details her experiences and why she remains anonymous. She is one of 4 people who report being sexually assaulted by Nungesser. The very visible and violent backlash against Sulkowicz had a silencing effect on this woman--who has only ever commented anonymously about her case--her and most likely other victims. There are so many pieces of this editorial I would like to quote (I recommend reading it all) but the most chilling phrase comes towards the end: "it's safer to be quiet."
That is certainly what a Stanford undergraduate learned this past semester. (Not a great week for Stanford.) This student is being held responsible--by the masses--for getting the Sigma Alpha Epsilon fraternity kicked off campus. She never reported the behavior she saw on pledge night; behavior that she found offensive and so left after 30 minutes. But she was asked to give a statement as a witness. She was not assaulted and never claimed to be. Somehow fraternity members found out her name and began harassing her. So despite the other factors that contributed to SAE's expulsion, this undergrad is being blamed. And when the harassment started against her specifically, this triggered an additional investigation into the fraternity. It was going to happen with or without her participation and after much thought (given her that her initial participation had gone so badly) she did decide to participate.
Her editorial is also startling and speaks to the climate of retaliation on college campuses that is barely (if at all?) being addressed as part of these larger issues. She writes:
"My only chance to protect myself was to participate in the same Title IX process that had made me a target in the first place. I knew that any decision I made would affect not just me, but the culture surrounding reporting on campus. I am a victim of harassment and retaliation, and this experience has been among the hardest I have ever had to deal with. I cannot imagine what it must be like for victims of violence and assault. Given the retaliation I faced for merely being thought to have reported harassment, I don’t know if I could face actually reporting a case of assault. And I am not willing to become a cautionary tale, an example of the reasons why people shouldn’t report."
These stories, in addition to the ones presented in The Hunting Ground, of women who spoke out all include anecdotes about other victims who come to them for advice because they are too afraid to report. Too afraid of the treatment they will receive by administrators, by law enforcement, and from their peers. This is an integral part of how rape culture is perpetuated and more needs to be done specifically addressing this component.
Wednesday, May 20, 2015
Punishment and reforms for Stanford band
This week Stanford University announced the results of its investigation into the university's marching band. At issue was a climate of sexual hostility marked by harassment of members, especially upon initiation. In addition there were violations of hazing and alcohol policies. This has all resulted in a ban on the band's travel to away events next year. They will perform at home events and other unnamed non-athletic events.
We had not heard of this situation; it certainly has not made headlines like the OSU band scandal. (Though apparently the band has a reputation and have a history of rude behavior at schools.) The descriptions--admittedly vague--of the incidents suggest common issues among bands (and probably other college groups): alcohol, initiation rituals based on public humiliation, and sexual harassment/assault. What is interesting is the way these problems are framed when the group in question is a college marching band. The Dean of Residential Education commented on the findings and punishment: "The university's objective is to ensure a safe and harassment-free environment while honoring the band's traditions and its unique, irreverent identity." So band hazing/harassment is because they are quirky? When sports teams do this it's about team camaraderie. When fraternities and sororities do it, it's about loyalty to the organization.
It's all a form of violence. The commonality is that students largely think these things are fine and they are "part of the culture."
The band has the option of appealing their partial suspension.
A few weeks ago we heard about another problematic culture within a university group: the swim team at Western Kentucky. Their investigation was more explicitly Title IX focused as it looked into numerous accounts of hazing. The punishment at WKU was far more extensive: three fired coaches, a 5-year suspension, and at least one athlete who will face criminal charges.
Again, the exact events that occurred within the Stanford marching band and the WKU swim team are unknown and comparing is impossible. However...there was no discussion of adult leadership in the Stanford case. I find this curious. Where were the university employees in all this? There are, of course, numerous cases of hazing within intercollegiate athletics where coaches claim they had no idea what was going on. But that excuse that the non-student adults are really oblivious as to what their charges are up to is not as readily accepted anymore as evidenced in the WKU case and of course in the OSU band case where the director was fired.
Hazing and harassment cases call for a greater questioning of the practices of any group culture and also inquiring into how that culture has been created and perpetuated. Did this really happen at Stanford?
We had not heard of this situation; it certainly has not made headlines like the OSU band scandal. (Though apparently the band has a reputation and have a history of rude behavior at schools.) The descriptions--admittedly vague--of the incidents suggest common issues among bands (and probably other college groups): alcohol, initiation rituals based on public humiliation, and sexual harassment/assault. What is interesting is the way these problems are framed when the group in question is a college marching band. The Dean of Residential Education commented on the findings and punishment: "The university's objective is to ensure a safe and harassment-free environment while honoring the band's traditions and its unique, irreverent identity." So band hazing/harassment is because they are quirky? When sports teams do this it's about team camaraderie. When fraternities and sororities do it, it's about loyalty to the organization.
It's all a form of violence. The commonality is that students largely think these things are fine and they are "part of the culture."
The band has the option of appealing their partial suspension.
A few weeks ago we heard about another problematic culture within a university group: the swim team at Western Kentucky. Their investigation was more explicitly Title IX focused as it looked into numerous accounts of hazing. The punishment at WKU was far more extensive: three fired coaches, a 5-year suspension, and at least one athlete who will face criminal charges.
Again, the exact events that occurred within the Stanford marching band and the WKU swim team are unknown and comparing is impossible. However...there was no discussion of adult leadership in the Stanford case. I find this curious. Where were the university employees in all this? There are, of course, numerous cases of hazing within intercollegiate athletics where coaches claim they had no idea what was going on. But that excuse that the non-student adults are really oblivious as to what their charges are up to is not as readily accepted anymore as evidenced in the WKU case and of course in the OSU band case where the director was fired.
Hazing and harassment cases call for a greater questioning of the practices of any group culture and also inquiring into how that culture has been created and perpetuated. Did this really happen at Stanford?
Friday, June 25, 2010
Title IX Is Good for Stanford
In honor of Title IX's anniversary, here is a great article crediting Title IX for strengthening Stanford University athletics. After the law passed, some in the athletic department were resistant to expanding opportunities for women, but many of them changed their tune and eventually crediting women's programs for helping to improve moral and institutional pride. "Title IX was great asset for us," one former athletic director is quoted as saying. Coming from a school with 36 national championships in women's sports (more than any other school) and 94 championships in men's sports (second only to UCLA) -- that's saying a lot.
[h/t Helen]
[h/t Helen]
Thursday, January 22, 2009
Recesion hits Stanford athletics
Stanford has one of the most successful and largest DI athletics programs in the country. The school carries 35 varsity teams and produces more than its share of Olympians (like Kerri Walsh!).
But it has not been immune to the recent economic downturn. And with a forecasted $5million in lost revenues over the next three years, the stability that may have once existed in this successful department seems to be waning. But cutting teams and coaches has been described as a last resort. Let's hope this is the case but ideas floating around, such as charging for football parking, don't seem quite solid enough to assuage fears from minor sports that always seem to be first in line at the chopping block.
AD Bob Bowlsby says there are many cost-cutting and revenue-generating possibilities that he is not at liberty to discuss yet. It looks, though, like the department will take a first step soon; a step taken in other Stanford departments already: staff layoffs.
But it has not been immune to the recent economic downturn. And with a forecasted $5million in lost revenues over the next three years, the stability that may have once existed in this successful department seems to be waning. But cutting teams and coaches has been described as a last resort. Let's hope this is the case but ideas floating around, such as charging for football parking, don't seem quite solid enough to assuage fears from minor sports that always seem to be first in line at the chopping block.
AD Bob Bowlsby says there are many cost-cutting and revenue-generating possibilities that he is not at liberty to discuss yet. It looks, though, like the department will take a first step soon; a step taken in other Stanford departments already: staff layoffs.
Tuesday, February 06, 2007
Stanford Conference
West coast readers, mark your calendars: On Saturday, April 28, Stanford University will host a conference called Title IX Today, Title IX Tomorrow.
According to the conference website,
This event will feature leading policy makers, administrators, scholars, and public officials with the ability to influence the effective implementation of Title IX in the years to come. It is designed to provoke fresh insights and promote sound practices surrounding gender equity in college athletics and beyond [including] discussion of how to assess gender equity in college athletics, how to increase opportunities for women students and coaches without diminishing them for men, and how to promote change in athletic contexts beyond the intercollegiate setting.Billie Jean King will give the keynote address, and the agenda also includes presentations by scholars such as Vivian Acosta, Linda Jean Carpenter, Richard Lapchick, and Mary Jo Kane, as well as advocates (for and against) such as NWLC's Marica Greenberger, WSF's Donna Lopiano, and CSC's Eric Pearson. Stanford's own Tara VanDerveer and Athletic Director Bob Bowlsby are also in the lineup.
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