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Early definitions of rape seem to have been a lot about process of elimination. It was not rape, according to the early British legal texts Fleta written about if it resulted in pregnancy. It was also not rape if you are not moving around a lot while being raped, according to 19th century gynecologist Dr. In some jurisdictions, rape must involve physical force—while in others, being under the influence of drugs or alcohol is considered being unable to consent.
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President Obama gave Biden and his Task Force 90 days to offer best practices for prevention and response to campus sexual assault, and to review whether or not universities were complying with their existing legal obligations. Both had been active—in some ways, on opposing sides—on the issue of military sexual assault. Campus sexual violence was the obvious successor. McCaskill, while an undergrad at the University of Missouri, had a friend who was assaulted while on a date.
You can be a victim of a crime and still have bad judgement. Sclove, petite with a dark brown pixie cut, arrived at Brown in January , following a semester spent studying in Spain and one and a half years at Tufts. An ethnic studies major, Sclove was raised by activist parents in Massachusetts. Sometime during that first semester, Sclove met Daniel Kopin, another mid-year transfer. Kopin, a professor of medicine and the director of the Molecular Pharmacology Research Center at Tufts.
The students who remained in Providence over the summer for classes or internships tended to stick together, sharing apartments or just partying with one another on the weekends. Brown connected Sclove with a sexual assault advocate and an adviser, who referred her to a domestic violence attorney for a consultation. But Sclove said she was told that given the circumstances of her assault and its aftermath, it seemed unlikely that a police investigation would end in a guilty verdict.
Coordinating with Brown officials, Sclove made the decision to email Kopin on August 8. In general, that process consists of a hearing in front of a panel, made up of a dean, a professor, a faculty member and a student. The panel then makes a decision about whether or not the accused violated the code of conduct. If they find him guilty, they make a recommendation for sanctions, which could range from merely being reprimanded to being expelled. As she waited for her hearing, Sclove saw her attacker around campus, in the library and in the dining hall. Both Kopin and Brown had attorneys present and Sclove did not.
During the hearing, Kopin maintained the encounter had been consensual. It was later reported by the Brown Daily Herald that Sclove said while some of her mutual friends with Kopin testified against her allegations, another student at Brown provided a statement alleging that she, too, had been assaulted by Sclove's alleged attacker. At the Hearing you were provided the opportunity to be heard regarding the following charges related to the incident on or about August 2, Offense II. Offense III. Offense V. He is responsible for violating Offense II. He is responsible for violating Offense III.
He is responsible for violating Offense V. It went to Dean J. Alan Ward, and he brought [the suspension] down from two years to one year. Dean J. Alan Ward did not respond to a request for comment.
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Sclove appealed the decision. Innocence is not a basis for appealing and we could not re-litigate innocence on appeal. My client continues to maintain that his relationship with Lena Sclove was consensual. After 28 days—during which time Sclove said Kopin was permitted to remain on campus—Vice President Margaret Klawunn hand-delivered a letter to Sclove, enclosed with her decision. I have determined that the length of the suspension imposed by Dean Ward on Daniel is reasonably consistent with precedent in similar cases.
This is really scary. Brown did not notify Sclove of when specifically Kopin would be leaving campus. He finally left, she said, around Thanksgiving. The Education Department revealed that, days after the White House released an April 28 report with recommendations for how colleges can combat and respond to sexual assault. And the complaints were made under Title IX of the Education Amendments of , which prohibits discrimination on the basis of sex in any education program or activity receiving federal funding.
Sexual violence has been interpreted as an extreme form of sex discrimination. Clery requires schools publish annual crime statistics and notify students when crimes occur that threaten their safety; the reauthorization of VAWA requires colleges provide annual training on issues relating to sexual assault. Because it is so easy for a school to find themselves the subject of a complaint that they have violated Title IX anyone can file a complaint the names of schools had previously been kept close-hold. Under Title IX, schools are required to respond to reports of sexual violence fairly and promptly and to eliminate the event, prevent its recurrence and address any effects.
From the moment of a report, schools must balance the wishes of survivors with its responsibility to provide a safe and nondiscriminatory environment for all community members. Still, there is no requirement under Title IX for schools to go to law enforcement with an allegation of sexual violence unless it is required by state law in Ohio, for instance, any person aware of a felony is legally obligated to report it to the police , although survivors must be informed of their options to report or decline to report to the authorities.
And while, unlike with police, universities are required to investigate all reports of rape, complications almost always arise. Given all of those roles, the perception of conflict is baked into the process. A university would never address a murder in the way they do sexual violence—not alerting the police; maybe collecting evidence, maybe not; having a med student perform an autopsy; treating the crime itself as a violation of no more than the student code of conduct; laying down the law with a suspension or an expulsion.
Her alleged attacker had been accused of sexual violence by two other students that year, according to The Times. He received no such punishment for alleged rape.