U.S. Department of Education Releases List of Higher Education Institutions with Open Title IX Sexual Violence Investigations

Submitted by sadeto on

Title says it all. Both MSU and UM are on the list, as we knew, along with Indiana, Ohio, Penn State: 

http://www.ed.gov/news/press-releases/us-department-education-releases-list-higher-education-institutions-open-title-i

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Edit: It's important to keep in mind the quote from Assistant Secretary for Civil Rights Catherine E. Lhamon: 

"I also want to make it clear that a college or university's appearance on this list and being the subject of a Title IX investigation in no way indicates at this stage that the college or university is violating or has violated the law."

ThadMattasagoblin

May 1st, 2014 at 2:34 PM ^

The State situation is pretty messed up. I'm not sure how it's any different from Gibbons' situation. They were all freshmen and all were found not guilty but my Sparty friends plus the media puts them in a different light all the time. Payne and Appling are saints who made a mistake while Brendan Gibbons is a heathen who needs to be thrown in jail.

Everyone Murders

May 1st, 2014 at 6:23 PM ^

"All were found not guilty"?  That's not correct.  None of Gibbons, Payne or Appling faced criminal prosecution.  There was no trial, no orderly presentation of evidence, nothing.  Instead, for different reasons none of the three were charged.  That's a far cry from being found "not guilty". 

The core problem is that people conflate the actions of the AAPD (w/r/t Gibbons) and the ELPD (w/r/t Payne and Appling) with the actions of UofM and MSU.  Why they're different is complicated, and people don't pay much attention to complexity: 

  • In Gibbons's case, the AAPD determined that it would not proceed with the case, citing what appear to be some dubious reasons.  That may or may not reflect poorly on the AAPD (I think it does), but it has nothing to do with UofM. 
     
  • Michigan reopened its investigation of the sexual misconduct case when the federal government changed the burden of proof requirements to show sexual misconduct, and ultimately determined that it had sufficient evidence that Gibbons had violated school policies and was expelled.  The parts that make Michigan look bad are (1) that Hoke and others misled the press as to why Gibbons missed the bowl game, and (2) the reopened investigation took a long time to conclude.  That gave some the appearance that Michigan dragged its feet purposely to keep Gibbons on the field.  Michigan's PR machine did little to attack that perception.
     
  • At MSU, there was also a failure of the ELPD to proceed with the case, citing what appear to be dubious reasons.  There was the additional factor of the crime being apparently a multiple party incident, with some of the incident filmed and at least one witness corroborating that it wasn't a consensual encounter.  There was also the purposeful spoliation of evidence (destruction of mobile phone and SD card with video of the alleged assault), and failure to do a timely rape kit and get DNA samples.  Despite the makings of a stronger case, the ELPD or the prosecutor declined to proceed.  That has little to nothing to do with how MSU handled the matter.
     
  • The MSU administration apparently did little to nothing to investigate the claims, and worked the PR machine to depict Payne as a sickly-child loving saint.  (My opinion is that Payne, and MSU by implication, used that poor little girl as a prop - if that seems cynical, it's only because I've seen others use cancer kids as a prop and it's pretty easy to recognize if you've spent enough time in a Children's Hospital.)  MSU expelled nobody, and has run clock on any investigation.

Some of those facts may be off a tad, but that's the gist of the situation.  On the player side, there's really not a lot to distinguish Gibbons from Payne and Appling.  There's a decent chance they're all scumbags, based on the police reports.  On the school side, UofM did the right thing by expelling Gibbons, but did a terrible PR job by giving critics the appearance of trying to cover things up.  MSU, on the other hand, masterfully delayed their process and promoted Payne as a hero to a girl suffering from terminal cancer (making him pretty hard to attack in the mainstream media).

So that, IMO, is how the situations are different. 

ThadMattasagoblin

May 1st, 2014 at 2:37 PM ^

How can university officials throw a guy out of school without a trial? Maybe Brendan Gibbons did it. I don't know, but what's stopping them from throwing me or anyone else out of school because of public perception without any real evidence.

Everyone Murders

May 1st, 2014 at 3:42 PM ^

Sorry to come after you twice TM'sagoblin (i usually really like your posts), but you're assuming that Gibbons was tossed (i) without any real evidence and (ii) due to public perception. 

I don't think it's fair to Michigan to assume that there was no "real evidence" of a rape.  Read the police report and see if you disagree.  Also, there is no evidence to suggest that the investigation was conducted due to public pressure.  The investigation was due to the federal government changing the evidentiary standards, and requiring schools to reopen cases under the new standards if students were still at an institution.

BlueTuesday

May 1st, 2014 at 4:31 PM ^

They've had quite a few sexual assults reported over the last few years, all of which got swept under the rug.

Maybe it's just me, I hate those bastards.

ThadMattasagoblin

May 1st, 2014 at 4:54 PM ^

I just find it wrong to be thrown out of school and not be charged. Either the police messed up and he's guilty or the school messed up on this one. I want defendants to be 100 percent guilty before they're charged or thrown out of school.

taistreetsmyhero

May 1st, 2014 at 5:08 PM ^

but the whole reason that protocols changed is that rapes are heinously underconvicted by the legal system, ie the process from rape-->reporting-->investigating-->charging-->trial-->conviction so heavily favors rapists that the federal government decided to allow different avenues of punishment outside of the court.

ThadMattasagoblin

May 1st, 2014 at 5:18 PM ^

The reason why it's underreported is the lack of evidence. It's mostly a he said she said thing. There's a lot of scumbag rapists who get away because of it but I don't think decreasing the amount of evidence needed to punish someone is the way to go. It's still innocent until proven guilty in this country.

Yeoman

May 2nd, 2014 at 5:48 AM ^

You might assume that everyone on this list is here because of how they handled an incident, but apparently that's not the case. Some of the investigations were triggered by complaints; some institutions were chosen at random.

Indiana's press release:

  • May 1, 2014

FOR IMMEDIATE RELEASE

BLOOMINGTON, Ind. -- Indiana University has issued the following response to the Department of Education Office for Civil Rights' inclusion of the IU Bloomington campus on a list of institutions under “investigation” for possible violations of federal law regarding handling of sexual violence complaints:
 
"The U.S. Department of Education Office for Civil Rights (OCR) in March initiated a routine compliance review of Indiana University Bloomington’s handling of reports of sexual harassment, including sexual assault.
 
"This type of compliance review is distinct and separate from investigations that arise from complaints to OCR, and the office has confirmed that it has received no complaints against IU Bloomington that would have triggered an investigation.
 
"As OCR explained to campus officials, it is in the process of conducting compliance reviews on numerous campuses throughout the country, and individual institutions have been chosen randomly based on size, geographic location, type of campus community (commuter vs. residential) and other factors.
 
"The stated goal of the review is to help institutions determine areas for improvement under Title IX, and the university welcomes the opportunity to share its practices in this area and receive input that will help the Bloomington campus strengthen its work in this vitally important area."