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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSchools 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 schools 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 couldnt discuss his allegations, even though he didnt 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.
Its 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.
Its 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/
DURHAM D
(32,605 posts)lindysalsagal
(20,581 posts)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)Then sue the schools for not protecting students.
Captain Zero
(6,782 posts)file a crime report on the way.
MagickMuffin
(15,930 posts)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!