Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Jilly_in_VA

(9,941 posts)
Thu Jun 2, 2022, 10:15 AM Jun 2022

Schools forcing students to waive federal rights in some rape cases

A student at Villanova University who reported allegations of sexual misconduct was asked to sign a form that prevented her from sharing evidence of the case with almost anyone, even her parents. Violating the terms could have affected the outcome of the school’s investigation into what happened.

At the University of Alabama at Birmingham, a contract presented to students says that just talking about the process of reporting sexual misconduct could get a student expelled.

At York College of Pennsylvania, one student said he was threatened with academic discipline for telling his story on a podcast, violating a non-disclosure agreement that said he couldn’t discuss his allegations, even though he didn’t name the student he accused of rape.

These conditions, uncovered in an investigation of school policies for dealing with campus sexual violence, reveal an emerging trend: Schools are bullying students who report sexual assault into waiving certain rights before they can proceed with internal misconduct hearings.

It’s a practice that runs afoul of the law, according to several experts, and these three schools are not the only ones forcing students into problematic contracts. Public records requests at several schools turned up waivers that take away students’ right to discuss the investigative process, to review evidence in their own cases, even to share evidence with advocates or police. The punishment for violating can be anything from being placed at a disadvantage at their hearing to expulsion.

It’s not supposed to be this way. Federal law says schools must investigate complaints of sexual misconduct and violence unconditionally, and they must give both sides equal access to evidence.

https://www.usatoday.com/story/news/education/2022/06/02/schools-students-federal-rights-rape-cases/9775181002/

5 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Schools forcing students to waive federal rights in some rape cases (Original Post) Jilly_in_VA Jun 2022 OP
GD. How the hell did we get here? nt DURHAM D Jun 2022 #1
Higher ed and religion are all businesses that engage at the individual consumer level. lindysalsagal Jun 2022 #2
Do not report it to the school, go directly to the hospital for dna evidence of the assault MagickMuffin Jun 2022 #3
Have the local police take you to the hospital? Captain Zero Jun 2022 #4
Exactly, a crime was committed and the schools choose to cover it up MagickMuffin Jun 2022 #5

lindysalsagal

(20,581 posts)
2. Higher ed and religion are all businesses that engage at the individual consumer level.
Thu Jun 2, 2022, 10:25 AM
Jun 2022

Controlling the civilian responses is more difficult, and more problems arise because they don't deal with seasoned professionals, or others who have been molded into the corporate culture. in fact, more problems are guaranteed to arise when you're dealing with adolescents and the aged, or the disadvantaged, as many in religion are. Ok ok I didn't say most or all, but, on average, a church congregation will have more physical and emotional challenged members than, say an office full of lawyers or doctors will.

There are simply going to be more messes that need curtailing, and now there are endless outlets for individuals to reveal the realities they want covered up.

MagickMuffin

(15,930 posts)
3. Do not report it to the school, go directly to the hospital for dna evidence of the assault
Thu Jun 2, 2022, 10:32 AM
Jun 2022


Then sue the schools for not protecting students.


MagickMuffin

(15,930 posts)
5. Exactly, a crime was committed and the schools choose to cover it up
Thu Jun 2, 2022, 12:02 PM
Jun 2022

They don't want anyone to know they condone and coddle rapists.


No woman or man would choose to go to the schools that protects rapists.

And the rapist could become the next Supreme Court justice!



Latest Discussions»General Discussion»Schools forcing students ...