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BOSTON — Amid increasing scrutiny nationwide of college administrators’ response to sexual assault cases, a former Williams College student and her parents have accused leaders at that college of mishandling her assault case.</p>
<p>Lexie Brackenridge, and her parents, Heidi and Alec Brackenridge, of Boston, also oppose the expected return to campus this fall of the alleged assailant.
<p>I’m baffled as to why transgressions of this nature don’t result in expulsion - at Williams or any other college. Suspension - even for a year - seems like a wrist slap for sexual assault . It is unfortunate that Mr. Falk doesn’t have the courage and vision to institute a zero tolerance policy. </p>
<p>Can someone explain why colleges just don’t hand these cases over to the police? The college puts themselves in the position of having to represent the victim and the accused plus they are the investigator and the judge and the jury. It’s no wonder these things get screwed up.</p>
<p>^^I think it’s obvious that the main reason campus sexual assault cases are not taken to the police is that without witnesses to the crime, they tend to languish and disappear. In some cases, the initial arrest may be the only punishment meted out.</p>
<p>^^ You are a bit off in your analysis, but the author addresses this quite clearly. It is not for the lack of witnesses (and I add, or lack of evidence) that the police are not called; it is for the lack of a desired automatic outcome of guilty. </p>
<p>When the police are called, the one bringing the charges has to have a strong case too. If both parties are drunk or smoking weed, then, of course, it falls apart rather quickly. Nothing to do witnesses or evidence. </p>
<p>College discipline boards are not courts; they are political and PR instruments of a college, and the author points out their decisions are for very different reasons other than guilt or innocence. It kind of weakens the case all around that one avoids the police and expects people who are not versed in law or criminal statues to meter out a punishment based on a he said-she said situation. That is not justice; that is, as the author says, a kangaroo court. Why should there be punishment if actual guilt has not been established, short of a confession? He said-she said is not an automatic guilty. That is the problem the author illustrates that the people bringing the charges want. </p>
<p>Bottom line is rape is a crime, and all these cases should be handled by calling 911 and going to the police. The judicial system is the only place rape charges can be handled properly.</p>
<p>^^ But, most rapes (on and off campuses) have no witnesses - that is why they occur - no one sees enough to try and stop the attack. And, no evidence of trauma does not mean not guilty. Therefore, the judicial system is still the most fair place to assess and judge both parties. Unless, of course, being fair to both parties is not the objective. </p>
<p>There are such things as false reports and accusations of assaults and rapes. Yes, there are. So one does have to stay the line through our legal system. If someone chooses not to go through the system and file a criminal complaint, and leaves it up to an institutions whose main purpose is not in that area–in fact is deficient in that area, what to expect? There is a presumption of innocence for the accused that is being ignored in many of these cases. So even filing charges often does not result in a conviction, but at least you have on record that a person is being tried for such a case which in itself is a blotch on the reputation That’s about the best one can do when there isn’t enough proof. </p>
<p>Those student who are caught lying the process should, IMO, be given the most severe penalties for that transgression so that it is made very clear indeed that these inquiries and investigations are serious even if it turns out that not enough evidence can be gotten to address the accusation. That would give a bit of a pause to those protecting the accused and thinking of lying to do so. </p>
<p>^^You’re both saying the same thing, which is that in a situation that boils down to “he said, she said”, the college should just wash its hands of it. I’m saying, in today’s campus climate of catering to every perceived need under the sun - which Williams and other elite colleges bear some responsibility for creating - that option is virtually impossible.</p>
<p>Some of you ever read Title IX and it’s ancillary documents, so you have a better picture?</p>
<p>In the OP case, note the college had to convince her to register her complaint with them. I’m not sure if she reported this to the off-campus police. It is critical the alleged victim report this to the off-campus police, if there is to be that level of investigation. We can try to explain why women are reluctant to do this- but we should be advising our daughters (and yes, sometimes it’s sons who are victims) to do so- and to get the med exam and any evidence, asap. You can also read the related policies from your kids’ schools, to see how they handle these things. </p>
<p>@circuitrider - Thanks very much for finding that article. Well, then, that explains the problem. Schools are acting in order to stay in some sort of compliance with Title IX. Does anyone else see the absolute problem here? </p>
<p>Since the schools are not courts and are not equipped in any way to handle these cases, what naturally happens in a he said-she said situation is going to be something that cannot be fair handling to either party. If there is not enough even for the police to take action, how in the world can humans, not even trained in the judicial system, going to meter out a decision that makes sense? Impossible - unless one is running a kangaroo court scenario. </p>
<p>Title IX, in that respect, makes colleges act in a venue where they should not even be operating, just to keep Title IX money and the JD off their backs. This is not based on legality or even criminality; it is downright political. And worse, it gives the accuser some hope that colleges will do something the court system might refuse to do. That is in search of a witch hunt, not justice. That is neither fair to the accuser or the accused - it is abusive to both.</p>
<p>@awcntdb Let’s forget about punishment for a moment. What if you have a situation where the aggrieved party asks that the alleged perp be moved to a different dorm, should the school be able to do that?</p>
<p>@circuitrider - Yes. That is called keeping the peace, which is definitely in the interest of not just the accused and the accuser, but of the “neighborhood” called the dorm.</p>
<p>As mother to both a son and daughter this case represents one of my greatest fears for both of them.</p>
<p>I’ve told DD to always travel with her “posse” - especially at a party with alcohol - and make sure all her friends commit to watching each other’s backs in such situations to make sure nothing like this happens (or is less likely to happen, I hope). </p>
<p>I’ve told DS never to hook up with a girl he meets at a party - precisely because of what “might” have happened in this case. </p>
<p>I do feel very badly for this young lady if indeed she was raped, rather than simply regretful of a poor decision possibly made while under the influence of alcohol. But if it was my daughter who willingly went into some boy’s dorm room I would have urged her not to file the complaint to begin with. </p>
<p>At the same time I think @LEPops makes a valid point in questioning whether certain students or athletes are appropriate fits for a selective LAC such as Williams. Parents and students should expect that high character is a necessary requirement of admission into a residential college community. </p>
<p>You need to actually look at Title IX and the Dear Colleague letters. Then, you’ll have the bigger picture. There are requirements are about protecting the victim’s access to education. Yes, they can make dorm reassignments. No, the college is not the same as local police. </p>
<p>The dorm assignment thing in the OP article is just flat out not true. No one is “assigned” housing at Williams after their first year…everyone gets to pick. (Don’t know whether that’s her statement or a journalistic mistake.) She chose to pick into a dorm where those guys also chose to live. She could have changed that. And housing changes are literally the first thing that happens when a complaint is filed at the Deans Office, even for much milder situations. There is an entire floor of open “emergency singles” in Mission Hall exactly for this purpose, and you can move out within 24 hours of the complaint. That’s common knowledge at this school. (The College does not, however, reassign the housing of the accused before the case is reviewed…that in itself is a punishment and thus a ridiculous rejection of the “innocent until proven guilty” principle.) Just FYI for any concerned applicants out there. </p>
<p>I’m usually critical of these types of administrative policies, but her case seemed to be handled quite justly and carefully. She accused him of rape, the College investigated and found him guilty not of rape but of assault–thus the suspension instead of the expulsion; there was an appeal, and the College upheld the verdict and the punishment. Her complaint was seriously addressed, and it appears that the process upheld some rights of the accused. </p>
<p>The type of person who has no problem talking all about being a mistreated rape survivor on Facebook and in local media but will not go to the courts or to the police…has a different kind of problem…</p>