A stuffed animal that services the sexual needs of perverted Wal-Mart customers (see the Meanwhile in Florida thread)
Two comments here that I think touch on the underlying problem. Take any number of charges/accusations of criminal behavior and tell me how many of them are investigated by law enforcement versus administrative members of an athletic department. Why is the administrative staff of ANY school investigating sexual assault claims?
Students agree to certain rules and conduct regarding their behavior. Schools, in return, have a responsibility to provide reasonable safety and by Title IX, if they accept federal dollars, they have to respond to situations like this. "The lawsuit, filed in Nashville on Tuesday by six unnamed UT female students including five alleged rape victims, charges that the University of Tennessee violated Title IX and other federal laws by “deliberately indifferent” actions before and after the alleged rapes. Four of the rapes in question, including the case involving Johnson and Williams, were allegedly committed by Tennessee athletes. The lawsuit also charges that UT created a “hostile sexual environment” through deliberate indifference, and that UT officials, including Chancellor Jimmy Cheek, athletic director Dave Hart and UT football coach Butch Jones, failed to address that environment." In this case, the victims did go to police and trials are pending. But there are often civil issues in addition to criminal cases and that's exactly what this lawsuit is. But on that note, tell me how the Winston case went for the victim. She trusted them to do their job.....and they did, unfortunately they did it for FSU.
@uscvball That's not the question, K. I'd argue the girl at FSU had a case with Title IX considering the University had contact with the Police and thwarted investigation processes. There's the crux. It's a Police matter. It's not a University matter. I don't like how this is falling under Title IX.
It is most definitely a University matter. Victims are not required to report a crime to police and perhaps their preferred method of proceeding is to go through the school to have the accused expelled. A criminal case helps that along but it certainly isn't required. "Sexual Harassment The University of Tennessee is committed to providing an environment free of sexual harassment, including sexual assault and other sexual misconduct. Sexual harassment is a violation of law, including Title IX of the Education Amendments of 1972, and University policy. The University will not tolerate sexual harassment. More information about sexual harassment and resources for victims of sexual harassment can be found below. Title IX The University of Tennessee is a recipient of federal financial assistance for education activities, and in accordance with the provisions of the Education Amendments Act of 1972, all of its education programs and activities are subject to the prohibition against discrimination on the basis of sex. University policy prohibits discrimination on the basis of sex in any education program or activity. Under the umbrella of Sexual Harassment..... 7. Sexual assault or misconduct. “Sexual assault” is defined as any sexual act or attempt to engage in any sexual act with another person without the consent of the other person, or in circumstances in which the person is unable to give consent due to age, disability, or an alcohol/chemical or other impairment. “Sexual misconduct” is defined as any intimate touching of another person, or forcing a person to engage in intimate touching of another, without the consent of the other person, or in circumstances in which the person is unable to give consent due to age, disability, or an alcohol/chemical or other impairment. It is the responsibility of the person initiating sexual activity to ensure the other person is capable of consenting to that activity. Consent is given by an affirmative verbal response or acts that are unmistakable in their meaning. Consent to one form of sexual activity does not mean consent is given to another type of sexual activity. In addition to or in lieu of initiating criminal prosecution, a student who feels he/she has been the victim of sexual harassment, including sexual assault, has the right to file a complaint with the University. Conduct may violate the University’s Standards of Conduct or Title IX even if the police conclude they do not have sufficient evidence of a criminal violation. Penalties for sexual harassment could include suspension or permanent dismissal from the University. A complaint of sexual harassment against another student will be treated as a complaint of sex discrimination in violation of Title IX and may be filed with the Office of Student Conduct and Community Standards, The University also is required by federal law to issue a timely warning for certain crimes that represent a serious or continuing threat to the safety of students or employees, but such a warning would not contain any personally identifiable information....(recall Terry that part of this suit includes charges of retaliation against another football player who allegedly assisted one of the victims to report the crime)....Retaliation against anyone who files a complaint of sex discrimination or participates in an investigation of sex discrimination is strictly prohibited by University policy and federal law. Anyone responsible for retaliation will be subject to disciplinary action by the University. UT's recommendations? What to Do If You Have Been a Victim of Sexual Assault 1. Go to a safe place. 2. Talk to someone you trust. As soon as you are in a safe place, tell someone you can trust about the incident—a roommate, friend, resident advisor or hall director, minister, or counselor—someone who can provide emotional support and objectively help you make a plan. 3. Preserve all physical evidence. If you have been the victim of sexual assault, do not change your clothing, bathe, shower, douche, use the bathroom, brush your teeth, drink liquids, wash your hands or face, or comb your hair. If you change clothes, you should place all of your clothing that was worn at the time of the incident in a paper (not plastic) bag. Preservation of evidence does not mean that you have to pursue criminal charges, but it preserves that option for you. 4. Seek medical care. You may seek medical care at any time following an assault, but we strongly recommend that you do so within seventy-two hours (three days). A medical professional will examine you, provide appropriate medical treatment, and, if applicable, talk with you about the prevention of venereal disease and pregnancy. And nowhere does it say that the crime has to be reported to legal authorities......Calling 911, contacting the Sexual Assault Center of East Tennessee, or contacting the UTPD does not mean that you must make a formal report to the university or to law enforcement. A medical examination simply preserves evidence in the event that you wish to pursue a criminal prosecution...You may report an incident to law enforcement before, during, or after an investigation and/or a resolution of the incident by the Sexual Assault Response Team, the dean of students, the Office of Student Conduct and Community Standards, or the Title IX coordinator. You have the right to decline to report the incident to law enforcement. Even if you do not report the incident to law enforcement, you may still access medical care, counseling, and other support from the University of Tennessee by notifying the Sexual Assault Response Team, the dean of students, the Office of Student Conduct and Community Standards, or the Title IX coordinator. http://hilltopics.utk.edu/files/Hilltopics 2015-16.pdf Pages 58-61.
Surely weakens any accusation in my mind. I understand that many victims never come forward and I understand why. Having said that, IF a person IS going to come out and speak to University officials then they should be of the mindset to speak to LEO. The first thing people think of when wronged is going to the police. To choose University personnel over LEO en route to have someone expelled from a University, rather than bringing forth charges...too easy for someone to lay that on a person they don't like and want to get rid of. They don't have to be as vested.
Technically, they aren't coming out....they report the incidents without fear of having their names revealed. Does it make their case stronger? Probably and yet, law enforcement has a long history of disbelieving women who report sex crimes or somehow questioning them in such a way as to suggest they deserved it or didn't do enough to avoid it. For theft or assault with a DW, or fraud, etc....sure. When it involves the crime of sexual assault, it's different. There is a certain amount of shame and a huge hurdle to get past in having anyone believe them. (Let's say you got gang raped and anally plowed by a group of men, how willing are you to go to the po po and tell them all about it). I agree that it can leave the door open for false claims and yet it hasn't been that long since the courts stopped putting a victim's past sexual history up for all to see. I guarantee that some victims (I'm assuming legit here) see the University route as being far easier on the perp....they only get expelled as opposed to going to trial, to jail, to having to register as a sex offender. Perps likely get far less trouble from a University claim than a legal one.
Yeah I get that. I also think that's a shame btw. They do have to reveal their names though, don't they? Right to meet accuser.. Or maybe you mean not "publicly". That shit ain't funny girl. And tell me about this putting a victim's past sexual history up. Serious inquiry.
Whether in court or via a University investigation process, the accused has a right to know who has accused them. Of course not.....just saying that I doubt you'd be running to the police about it. I suspect that like a lot of men, you'd either take the law into your own hands or just choose not to tell anyone at all. At one time, a defendant could introduce a victim's sexual history in an attempt to make them appear as if they regularly consented to all kinds of sex, therefore they couldn't be raped. There was a pretty famous case in New York called The Preppy Murder where they attempted to intro the dead victim's diary to suggest she was slutty and and probably consented to the sex that night. In 1994, a federal law called VAWA was passed and it included what are called "rape shield laws". States have varying degrees of rape shield laws aimed at narrowing the amount and type of evidence a defendant can introduce regarding the victim's past sexual history. http://www.criminaldefenselawyer.com/resources/in-a-rape-case-can-a-defendant-bring-his-accusers-sex
