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Students
Discuss Sexual Assualt Policy In Wake Of Trial
-by Ariella Cohen
After a two month investigation, the Judicial Board
off-shoot that handles sexual assault adjudication, the Formal Panel,
dropped sexual assault charges against junior Djordje Eremic and first-year
Bosko Tomasevic, reinstating their status as students.
The two respondents had been suspended from the College since the
charges of a Sept. 25 incident were filed against them. This case
was the first student-to student sexual assault case to be pursued
through the Colleges Formal Panel in the 2001-2002 year.
While reviewed annually by a panel of both students and faculty, the
Colleges sexual offense policy and its adjudication record has
remained in question since the policys 1993 inception. Based
on the idea of consent, but lacking clear delineation of how consent
can be proven, the policys vagueness is often criticized. The
sexual assault procedure is nowhere near as clearly defined as the
Judicial Board process. There is a lot more leeway for a sexual assault
procedure to be widely construed by panel and chair, senior
Judicial Board member Charlie McCulloch said. With J- Board
cases you see what happened, a rule broken and you see how, but with
sexual assault the entire event is usually more vague, much harder
to weed out through testimony.
The policy does, however, allow respondents, complainants or administrators
the right to appeal individual cases within 10 days of the panels
conclusion. Since beginning her term as College President in 1994,
Nancy Dye has remanded one Formal Panel decision. The panel eventually
dropped the case without coming to a resolution.
Student activists have raised several questions regarding the College
sexual assault policy. Recently-hung posters call attention to various
aspects of the policy including the effectiveness of the adjudication
process. While the posters mention a class action lawsuit against
the College, no formal action has been taken. The College has never
previously been sued for its Sexual Assault Policy.
Keeping statistical and confidential records of all incidents of sexual
assault is included in the duties of the Sexual Assault Administrator.
Along with facilitating sexual assault education on campus and providing
options for students following alleged sexual assault, record keeping
is one measure aimed at increasing awareness of sexual assault and
insuring fair processing of sexual assault cases.
While the administrator is held responsible for keeping record of
all the actions of the Sexual Offense Review Committee, a statistical
record of all crimes of a sexual nature that is also required
by U.S. law and confidential files on complaints of sexual offense,
no public records are currently kept regarding the adjudication and
resolution of sexual offense cases.
This semester the College Judicial Board will begin publicizing incident
adjudication records.
In the past week, Dye received three e-mails and two phone calls from
the parents of students voicing questions and concerns about the Sexual
Assault policy and adjudication process. These grievances were turned
over to SORC, the faculty and student composed committee responsible
for that yearly review. SORC last revised the policy in 1999.
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