Task force on sexual assault policy starts summer job

Twenty-two members of the Carolina community have taken on a summer job to improve the way the University responds to sexual misconduct. The new Title IX Task Force, led by interim Title IX Coordinator Christi Hurt, met for the first time May 15 at the Friday Center.

The task force, which will specifically address student-on-student sexual misconduct, will build on the work done by a previous committee that revised the University policy in 2012 in response to new guidelines issued by the federal Department of Education. The task force is broadly based, including students, faculty, staff members specializing in this area and a community representative.

Appointed by Ann Penn, the University’s Equal Opportunity/ADA officer, the task force will meet nearly every week throughout the summer and present their recommendations to Penn in August.

Gina Maisto Smith, the consultant hired by the University to coordinate this process, set the stage for the task force’s work by reviewing the rapidly changing landscape of sexual assault issues on college campuses. Factors such as the federal guidelines from the 2011 Department of Education’s Office for Civil Rights “Dear Colleague” letter, the case of Jerry Sandusky at Penn State, the proliferation of social media and students who are speaking out about their experiences are bringing national attention to the topic, Smith said.

“You, UNC-Chapel Hill, are at the forefront of addressing this conversation,” she told the task force. “You are there and you are emerging as a national leader.”

The issue is further complicated, Smith said, by the very nature of college campuses. Not only do they have “perfect storm” conditions for the risk of sexual assault (young students coexisting in close proximity to each other, little or no adult supervision, access to alcohol and drugs, peer pressure, risk taking, etc.), but also campuses are ill-equipped to deal with the problem.

Administrators are not law enforcement officials, yet they have a federal obligation to investigate and respond to a category of sexual misconduct that would not be pursued by a prosecutor. They also have to balance a possible threat to campus safety and a complainant’s desire for confidentiality as well as federal regulations about reporting misconduct and keeping student information private.

“If they want confidentiality, then how can we proceed?” asked task force member Sandra Martin, professor of maternal and child health and associate dean for research at the Gillings School of Global Public Health.

“This is my response to that,” Smith said, turning around to bang her head against the wall.

Other task force members also expressed frustration, voicing a range of concerns: underreporting, the complexity of the process, confusion about the University’s role, the part certain campus groups play in the problem and how any process could be fair and balanced in the current environment.

Early in her presentation, Smith urged the task force to “embrace the tension” of the situation, and Hurt picked up on the theme two hours later at the meeting’s close.

“I see the tension as creative energy,” she told the group. “The points of difference mean we have the right people in the room.”

From the Dorm Room to the Boardroom: Sexual Misconduct Affects Everyone

opinion-editorial column, The Daily Tar Heel, Published April 1, 2013

During the two months I have spent on the Carolina campus, I have been impressed with the cross-section of the community that has fully and openly engaged in conversation about the issues surrounding sexual misconduct. While these conversations are just a beginning, they bode well for meaningful change.

I have spent most of my career addressing the often silent – and always horrific – issues attendant to sexual misconduct. My travels have exposed me to a number of courageous people and communities, and the Carolina community is one of the most remarkable yet.

It is my hope that what we have learned from this process will be the foundation for healthy systems that serve the well being of the entire campus.

People often ask if sexual misconduct is a problem that is unique to colleges and universities. College campuses are a microcosm of what we see in society at large.  These communities struggle with many of the same issues I observed as a sex crimes prosecutor and educator – barriers to reporting, complaints about investigations, victim-blaming, anemic support services, minimal advocacy, uninformed fact-finders and concerns about the fairness of the process.

To address these concerns in the educational setting, the US Department of Education asked every college and university in 2011 to review its policies and procedures regarding sexual misconduct and implement changes as needed. Policy, however, is only one element of the equation that will result in the hoped for change. We must also better understand the unique dynamics of sexual misconduct as well as the individual experience, culture, personnel, resources and needs of each campus. The challenge is to address these issues in a way that tends to needs of our students, faculty and staff.

Together, we can meet this challenge. We can engage the community, improve our understanding of these complex issues, and change the campus culture. That is Chancellor Thorp’s mission.

To date, we have provided safe places to come together as a community to voice concerns, share ideas and ask pointed questions.  These opportunities are designed to reach as many community members as possible and include open forums, individual meetings, anonymous options within group meetings, and an anonymous online suggestion box through the Campus Conversation website where we are tracking our efforts. (http://campusconversation.web.unc.edu/).  This effort continues to be open to all.

Since coming to Carolina, I have met with and heard from more than 1,000 individuals – including students, student leaders, faculty, staff, alumni and parents. It is evident in these conversations that this community cares deeply about student welfare, and I want to make sure that message is heard. I have read every suggestion you have made and carefully studied every policy and procedure.

I hear you, and your University hears you.

I told the Board of Trustees last week that the University still has work to do in four areas: policy, training, implementation and campus climate. In the coming weeks, I will share specific recommendations that emerged from your voices and my observations.  If we continue to engage fully we can achieve sensitive and informed support services and a fair and impartial process for all.

From the dorm room to the boardroom, the impact of sexual misconduct affects us all and requires our continued engagement to affect meaningful and lasting change.

(Gina Smith is a former prosecutor, educator and consultant who has guided several institutions and leads Carolina’s conversation to engage and educate the campus community about sexual assault.)

UNC News Release

March 26, 2013

UNC to suspend Honor Court proceeding pending external review of retaliation claim

University of North Carolina at Chapel Hill Chancellor Holden Thorp today (March 26) announced that the student-led Honor System has been asked to suspend an Honor Court proceeding involving a student who has spoken out about sexual assault issues on campus.

In connection with that case, Thorp said campus officials understand that a claim of retaliation may be filed with the U.S. Department of Education’s Office for Civil Rights against the University.

“For several weeks, the University has grappled with how best to respond to a public claim of retaliation against the University while maintaining the autonomy and integrity of our Honor Court proceedings and the privacy of the individuals involved,” Thorp wrote in an open letter

to students, faculty and staff.

“Recognizing the potential conflicts that may exist by allowing both processes to continue, we have asked the Student Attorney General to suspend the Honor Court proceeding pending an external review of these allegations of retaliation. The University takes all allegations of retaliation seriously, whether against an individual or an institution, and this allegation is no exception.”

Thorp also invoked the Carolina community’s long tradition of encouraging students to exercise their right to speak out. To read the chancellor’s campus message, refer to https://campusconversation.web.unc.edu/2013/03/26/message-from-the-chancellor032613/.

The University has made significant changes to its policies in recent years and brought in Gina Smith, a national expert on sexual assault issues, to help lead campus conversations to help further strengthen the University’s current response to sexual assault. Those discussions are ongoing.

The Office for Civil Rights has emphasized its role as a ‘neutral fact-finder’ engaged in collecting and analyzing evidence from the complainants, the University and other sources.

Thorp has called sexual assault one of the greatest challenges facing college campuses nationwide, including Carolina.

Related Links:

Campus Conversation on Sexual Assault website: http://campusconversation.web.unc.edu/

Key Facts, FAQ, Background on Sexual Assault Complaints, Reporting Options, Campus & Community Resources & the Honor System: http://tinyurl.com/dytox4x

UNC response to Office for Civil Rights request: http://tinyurl.com/bms7asd

UNC News Release

March 22, 2013

University releases response to OCR seeking data, information

The University of North Carolina at Chapel Hill today (March 22) publicly released the response submitted March 21 to a request from the U.S. Department of Education Office for Civil Rights (OCR) asking for information and data including campus responses to sexual assault and sexual violence cases.

The public record copy of the response is posted at this link, http://campusconversation.web.unc.edu/files/2013/03/University-Response-to-OCR-Complaint-No-11-13-2051.pdf.

The University previously announced receiving and posted the OCR’s March 1 letter at this link, http://campusconversation.web.unc.edu/2013/03/07/university-receives-notification-data-request-letter-from-ocr/

Following is the University’s statement about the response issued March 21 confirming that the response had been sent:

http://campusconversation.web.unc.edu/2013/03/21/university-responds-to-ocr-request-for-data-information/

March 21, 2013

University responds to OCR request for data, information

The University of North Carolina at Chapel Hill today (March 21) responded to a request from the U.S. Department of Education Office for Civil Rights (OCR) asking for information and data about campus responses to sexual assault and sexual violence cases.

The University is cooperating fully and in good faith with the ongoing investigation. It’s important for the campus community and the public to know the Office for Civil Rights has emphasized its role during the investigation as a “neutral fact-finder” engaged in collecting and analyzing evidence from the complainants, the University and other sources.

The University will continue to respond to OCR requests for data and information, as the March 1 letter indicated should be expected.

Chancellor Holden Thorp has called sexual assault one of the greatest challenges facing campuses nationwide, including Carolina.

“We’re focused on the safety of our students, as well as faculty and staff, and have an obligation to do everything we can to provide the care and support they need if a sexual assault occurs,” he told the campus community in a March 8 email message.

The University has made significant changes to its policies and brought in Gina Smith, a national expert on sexual assault issues, to help lead campus conversations to help further strengthen the University’s current response to sexual assault.

Context about the University’s Current Campus Conversation about Sexual Assault:

See the University website devoted to this topic, http://campusconversation.web.unc.edu/

Go to http://campusconversation.web.unc.edu/2013/03/08/message-from-the-chancellor-continuing-the-campus-conversation-about-sexual-assault/ (Chancellor Holden Thorp’s March 8 email to students, faculty and staff)

Refer to http://campusconversation.web.unc.edu/in-the-news/ (Key Facts, FAQ, Background on Sexual Assault Complaints, Reporting Options, Campus & Community Resources & the Honor System)

Go to http://www.unc.edu/campus-updates/smith-leads-campus-conversation-about-sexual-assault/ (Q&A with Gina Smith, the national expert helping lead the campus conversation to help strengthen the University’s current response to sexual assault

Contact:  Karen Moon, (919) 962-8595, karen_moon@unc.edu

University Gazette

March 19, 2013

Smith leads campus conversation about sexual assault to engage, educate University community

Carolina’s ongoing conversation about sexual assault and how to improve the way it is addressed is reaching every corner of campus.   Because the issue affects the entire University community, developing a solution calls for engaging everyone on campus, said Gina Maisto Smith.

Last month Smith, a former prosecutor, educator and consultant who has guided several institutions including Amherst College, began leading a series of community meetings designed to engage and educate the campus community about sexual assault. She is soliciting feedback and ideas campus-wide as well as providing information.

The volatile issue of sexual assault is not unique to Carolina, she said. Colleges and universities across the country grapple with how to respond to sexual misconduct in a way that is prompt, equitable, thorough, reliable, impartial and supportive.

In higher education, sexual assault falls under Title IX of the Education Amendments of 1972 (banning sex-based discrimination), as directed by the U.S. Department of Education. Sexual harassment of students, including acts of sexual violence, is a form of sex discrimination prohibited by Title IX, Smith said, and a school has an obligation to investigate sexual harassment and violence, whether or not there is also a police investigation.

Title IX also requires a school to provide remedies to complainants, she said. This can include academic and housing accommodations, no-contact orders, counseling and support, and other measures designed to eliminate the harassment, prevent its recurrence and address its effects. In many instances, these services  surpass what is typically available in the criminal justice system.

“Unlike those in society at large, college students enjoy a federally mandated parallel process to the criminal option that will address their support needs, their academic needs, their counseling needs and their adjudicative process needs,” Smith said.

While Title IX may provide the legal framework, its requirements reflect societal values, she explained. “It isn’t just about complying with the law. It’s about how we tend to our students, faculty and staff to best serve them at a difficult time – to integrate the law with how we deliver our services to students,” Smith said.

Chancellor Holden Thorp has called sexual assault one of the greatest challenges facing campuses nation-wide, including Carolina.

“We’re focused on the safety of our students, as well as faculty and staff, and have an obligation to do everything we can to provide the care and support they need if a sexual assault occurs,” he told the campus community.

Smith spoke with the Gazette about this national issue and how she is helping Carolina leaders implement a process that is legally compliant and serves the well-being of the  campus community.

Why are colleges across the country grappling with sexual assault and harassment?

Every college and university struggles with this issue. Residential college and university administrators in particular deal with a challenging constellation of circumstances: young adults, social challenges, alcohol and drugs, and concentrated residential living with no parental oversight. This is exacerbated by a complex set of legal requirements and the unique, incendiary and often counter-intuitive dynamics of sexual misconduct.

In practical terms, colleges must investigate and respond to all allegations of sexual harassment and sexual violence, allegations that often involve word-against-word credibility assessments.  Schools must offer support and resources to all students involved in an allegation, provide a fair process to both  complainants and respondents, comply with federal privacy regulations and balance campus safety with a student’s individual right to choose how to proceed, including a request not to proceed or to maintain confidentiality.

Put simply, colleges and universities are charged with complying with a complicated legal framework, informed by a myriad of federal, state and local laws.  A successful University response is one that integrates the regulatory framework with the unique dynamics of sexual misconduct and the individual campus culture, history, climate, policies, personnel and resources.

What is the 2011 Dear Colleague letter?

In April 2011, the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter directing that every college and university receiving federal funds review its policies and procedures and implement changes as needed. It both provided a roadmap for schools to understand the nature of their Title IX responsibilities and showed a commitment to step up expectations and federal enforcement efforts.

The “Dear Colleague” letter was a call to action that reinforced the Department of Education’s commitment to Title IX. It laid out the specific Title IX requirements applicable to sexual violence and informed schools about how the department would evaluate whether they are in compliance.

Among other areas, that guidance included the responsibilities of the Title IX Coordinator and components of compliant responses, enforcement, grievance procedures, remedies, education, training and prevention efforts (see go.unc.edu/Cg4p8).

Is sexual misconduct unique to college campuses?

No, what we see in the college setting is a microcosm of what we see in broader society. The same issues that plague college students are the issues society at large struggles with: barriers to reporting, complaints about the thoroughness and competence of investigations, victim blaming, claims that the process is not fair and concerns that the support services do not honor the dignity a human being should be afforded in the aftermath of sexual violence.

We also know that sexual misconduct is grossly under-reported everywhere, so the reasonable inference is that a majority of the complainants remain silent and continue to live among us.

What can be done to address this?

We need to do a better job of recognizing and removing barriers to reporting so individuals who experience sexual misconduct can get the support and resources they need. That doesn’t always mean the case has to go to criminal law enforcement, and it doesn’t always mean it has to go to student discipline. It means we need to create an environment where students feel supported in getting the services they need and have access to resources and information to help make those difficult decisions.

The silver lining of the challenge presented by Title IX, the “Dear Colleague” letter and this conversation we’re having at Carolina is the elevation of the issue into public consciousness.  The discussions we are having on college campuses will benefit broader society. We are teaching the next generation of leaders to understand the impact of discrimination on the basis of sex. We are also demonstrating how to prevent, recognize and respond to the issue of sexual misconduct.

I believe this awareness will positively impact how human beings interact and will highlight the importance of treating every person with dignity and respect.

Is Carolina unusual in initiating a campus-wide conversation on the topic?

Yes. While the issues are not unique to Carolina, the response is. The cross-section of the UNC community that has freely engaged in this conversation is remarkable. Your chancellor, your faculty, your staff and your students (representing a wide variety of interests and groups on campus), have given their time to be a part of the discussion. UNC is one of the few campuses where I have seen this kind of an all-out coordinated effort to engage the community.

Students on all sides of the issue have shared their views with me and expressed their opinions. Your students are bright, introspective, tenacious and articulate! They are passionate about their beliefs and are earnestly engaged in this effort.

Although this is an issue that has traditionally been cordoned off as a women’s issue, I have seen a significant representation of young men and members of the LGBTQ community engaged in the conversation here at UNC. This issue affects everyone, and the engagement at UNC reflects that awareness.

Why is it important to bring everyone to the table?

The only way to shift the culture around this issue and improve understanding is by a coordinated engagement of the community. That is Chancellor Thorp’s goal.

It is evident that the University cares very deeply about student welfare and is listening with an earnest intent to support students and assess how best to serve them. I want to give people a safe place to be heard and an open forum to speak.

The conversations provide valuable information about the current state of the campus community’s understanding of and concerns about the University’s response to sexual misconduct on campus. With this information, I can tailor responsive recommendations for coordinating and implementing policy that is not only compliant, but that also compassionately serves the campus community.

How can people express their views?

In addition to the open sessions, there is a suggestion box on the Campus Conversation website (campusconversation.web.unc.edu/) where anyone can submit an anonymous idea, concern or suggestion.

In our group conversations, we have distributed index cards and asked people to list their priority, concern, issue or worry as well as their best idea for changing the culture. We want to tap into the creativity of our students, faculty and staff and get the fingerprints of the community on this effort; that engagement will give our efforts more traction.

What outcome do you want for Carolina?

A campus perception about the University’s response to sexual misconduct that matches realistically effective and supportive systems focusing on student well-being. The key objective is student well-being. Chancellor Thorp has said this, and every level of the administration has echoed it.

Through these conversations, I hope to provide a measurable change in increased awareness about the issue of sexual misconduct in the campus setting. It is my goal to bring clarity and fluency to the campus community about what sexual harassment is, how we can identify it, what we can do if we experience it or observe it, how it affects all of us, what support and reporting options are available and how to  prevent it.

It is also my goal to help the University develop seamless systems to implement a supportive and fair institutional response to sexual misconduct.

What options do students who experience sexual assault have?

A student who has experienced sexual assault has the right to a prompt and equitable resolution of a complaint by the University. That includes access to resources and support options, a fair and impartial investigation, resolution by a trained adjudicative body and any appropriate interim measures to protect the complainant and assist in maximizing educational opportunities.

A complainant has the right to balanced support, equal access to documents and information, and notice of the outcome or resolution.

The person may choose whether or not to seek law enforcement action in the criminal justice system. If so, the school will assist in notifying law enforcement and will cooperate in a criminal investigation. It is the complainant’s choice, however, whether to take that route. There is no requirement that a sexual assault complaint in the university setting be sent to law enforcement.

Who oversees this process?

Every school is required to have a Title IX Coordinator who oversees the school’s response to complaints of sexual harassment or violence. At Carolina, the Title IX Coordinator is supported by a Deputy Title IX Coordinator and a dedicated Title IX Investigator. Ew Quimbaya-Winship is the Deputy Title IX Officer/Student Complaint Coordinator, and Jayne Grandes is the Title IX Investigator in the Equal Opportunity/ADA Office.

Ew is available to meet with students, assist in accessing resources and support, implement interim remedies and provide information about procedural options.

Any final thoughts?

Compliant policy alone is not sufficient; the delivery of service is key. It’s the mechanics of implementation and a dedication to serving the well-being of students, faculty and staff that makes the difference. And you have that at Carolina.

SEXUAL ASSAULT RESOURCES AVAILABLE BOTH ON AND OFF CAMPUS

Anyone dealing with an imminent life-threatening situation, including sexual assault, should:

• Call 911;
• Call the Department of Public Safety at 919-962-8100; and/or
• Proceed to the UNC Hospitals Emergency Department (919-966-4721).

Anyone who has experienced physical or sexual assault, especially within the last  72 hours should contact:

• Counseling and Psychological Services (campushealth.unc.edu/caps, 919-966-3658) for mental health or trauma;
• Campus Health Services (campus health.unc.edu/services/acute-care/sexual-assault-response.html, 919-966-3650 or 919-966-2281 after hours) or Emergency Department (919-966-4721) for medical assistance for an injury, concerns about sexually transmitted infections or pregnancy, or if forensic evidence is to be collected; or
• LGBTQ Center (lgbtq.unc.edu, 919-843-5376) for support services.

After business hours, students should contact the Department of Public Safety  (919-962-8100) and ask to speak to the on-call Dean of Students for assistance accessing any of these services.

The Dean of Students office (deanofstudents.unc.edu, 919-966-4042) can also help with changes in housing or work/class schedules, no-contact orders, academic help and as a guide to options and resources.

Students can go through both the legal system and the University. They are separate processes.

To press charges for an on-campus assault, contact the Department of Public Safety, (www.dps.unc.edu/dps, 919-962-8100).

To press charges for an off-campus assault, contact:

• Carrboro Police Department: go.unc.edu/i3HWq, 919-918-7397;
• Chapel Hill Police Department: go.unc.edu/s9ZRn, 919-968-2760; or
• Orange County Sheriff’s Office, go.unc.edu/Cn4m7, 919-644-3050.

To file a complaint under University policy, contact the Student Complaint Coordinator, Ew Quimbaya-Winship, Deputy Title IX  Officer, 919-966-4042.

Off-campus resources include:

Orange County Rape Crisis Center hotline (24/7): 1-866-WE-LISTEN (935-4783) or 919-967-7273

Compass Center for Women and Families (formerly the Family Violence Prevention Center) hotline (24/7): 1-866-929-7122 or 919-929-7122

For additional resources, see campus conversation.web.unc.edu. Also, information about Key Facts, FAQ, Background on Sexual Assault Complaints, Reporting Options, Campus & Community Resources & the Honor System are posted at http://campusconversation.web.unc.edu/2013/03/18/key-facts-faq-background-on-sexual-assault-complaints-reporting-options-campus-community-resources-the-honor-system/.

Faculty reaffirm commitment to safe, inclusive campus community

At its March 8 meeting, the Faculty Council unanimously reaffirmed its commitment to a safe and inclusive campus community that supports individuals’ rights to learn and work in at atmosphere of fairness, equity and access to employment and educational programs.

“We strongly support campus, local and state efforts to prevent violence in all its forms, to connect survivors of sexual violence with support and resources, and to hold the perpetrators of such acts accountable,” the resolution stated.

The council introduced the resolution in part because April is Sexual Assault Awareness Month and in part because of the importance of sexual violence conversations, particularly in light of the University’s recent notification by the U.S. Department of Education’s Office for Civil Rights that it had opened an investigation into the handling of sexual assault complaints. The Employee Forum previously supported the resolution as well.

“The University is cooperating fully with this investigation. In fact, we welcome it. Our response will show how the University has made significant changes in the past 18 months about how sexual assault complaints are handled,” Chancellor Holden Thorp said in a campus email message earlier that day. “We began making many of these changes long before the Office for Civil Rights complaint was filed several weeks ago.”

Already, Thorp had called for a campus-wide conversation to discuss how sexual assault affects the Carolina community. Gina Maisto Smith, a former prosecutor, educator and consultant who has guided several institutions, is leading the series of community meetings designed to inform people about the issues and to solicit feedback throughout the University.

March 6, 2013

University receives notification, data request letter from OCR

The U.S. Department of Education Office for Civil Rights (OCR) has notified the University that it will investigate a discrimination complaint filed in January with its District of Columbia office. The complainants have made allegations about the University’s response to sexual assault and sexual violence cases. The letter noted that opening the allegation for investigation “in no way implies that OCR has made a determination with regard to the merits of the complaint.”

During the investigation, “OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate.”

The University will respond appropriately to the OCR’s request for information and cooperate fully with the investigation.

Click here to view a copy of the letter.

To the Carolina Campus Community:

I am pleased to announce the appointment of Jayne Grandes as an Investigator in the Equal Opportunity/ADA Office. She joined the Office on March 4, 2013.  This position serves as the primary Investigator for complaints of harassment, sexual misconduct and discrimination made by
students, faculty and staff pursuant to all applicable University policies, including the Policy on Prohibited Harassment, Including Sexual Misconduct, and Discrimination.  The Investigator will conduct prompt, thorough, objective and confidential investigations of complaints of harassment, including sexual misconduct, and discrimination; provide consultation and information regarding complaint procedures; and provide educational and training programs for the campus community. The position will work closely with the Student Complaint Coordinator/Deputy Title IX Officer in Student Affairs,  and the Grievance Coordinator in the Office of Human Resources in the investigation and resolution of complaints.  The Investigator will assure appropriate coordination with Public Safety, the Office of University Counsel and other university offices as appropriate.

Jayne previously worked as Director of the Office of Employment Equity at Rutgers, the State University of New Jersey where she directed and administered the University’s Affirmative Action and Equal Opportunity Policies and the Policy Prohibiting Discrimination and harassment for 20,000  faculty and staff, and over 58,000 students over three campuses. She was also responsible for Title IX compliance.  She has over 18 years
of experience conducting investigations and in the resolution of harassment and discrimination complaints.

Please join me in welcoming Jayne to Carolina.

Ann Penn,
Director Equal Opportunity/ADA