Universities called to action

It’s not a statistic that parents want to hear as their kids are preparing for school: One in five women will be sexually assaulted during college, and it’s most likely to happen during their freshman or sophomore years.

That statistic, cited by a White House task force in its call for university reforms last year, generated some controversy. Critics pointed out that it came from a small study (just two universities) and one that used a broad definition of sexual assault, including forced kissing or fondling.

But this past spring, a nationwide poll of 1,000 students who attended college during the past four years found that 20 percent of women had been sexually assaulted, the Washington Post reported. The poll also found that 5 percent of men had been assaulted.

Federal officials want universities to do better on all facets, from prevention to holding perpetrators accountable. The Sexual Violence Elimination Act, which took effect July 1, requires the schools to have prevention programs in place for students and employees, as well as clearly communicated protocols for handling sexual assault incidents.

The Department of Education is investigating the handling of 145 sexual violence cases at 128 colleges and universities.

Boise State University has been sued by a former student who claims the university mishandled her report of ongoing sexual harassment by a fellow student who she said raped her. Boise State is not under investigation by federal officials, but two other Idaho universities are.

The Department of Education’s Office of Civil Rights notified University of Idaho officials in April 2013 of a complaint filed in March 2013 alleging the school did not adequately respond to a claim of sexual harassment and failed to provide a prompt and effective grievance procedure. On Wednesday, a university spokeswoman said it wouldn’t comment on the pending investigation.

Idaho State University also is facing a pending investigation, according to a list of investigations updated July 29. ISU spokeswoman Adrienne King said state and federal law prohibit discussing specific cases. “We are cooperating fully with OCR in its investigation,” she said in a statement.

Sexual assault on campus

So how common is sexual assault at Idaho colleges and universities?

There were 30 sexual assaults reported at the state’s three largest public universities in 2011-13, according to data compiled by the Office of Postsecondary Education of the U.S. Department of Education. Those “forcible” sex offenses include rape, sodomy, sexual assault with an object and fondling.

Experts caution that the numbers don’t reflect the true scope of the problem. That’s because of the limitations of the data and many victims’ reluctance to report the crime.

The numbers that universities are required to report include incidents that happen on campus, adjacent properties and university-controlled properties – but it doesn’t include what occurs in houses or apartments a couple of blocks from campus, where many students live.

“The actual effect (sexual assault) is going to be much larger than the numbers reflect. It allows people to downplay the problem,” said Annie Kerrick, an attorney hired by Boise State two years ago to be the Title IX coordinator in the Office of the Dean of Students.

Kerrick’s job is to ensure the university complies with state and federal regulations prohibiting unlawful discrimination and harassment. She previously served six years as the staff attorney at the Idaho Coalition Against Sexual and Domestic Violence.

An estimated 80 percent of all sexual assaults in the United States go unreported to law enforcement, according to 2013 reports on a study by the National Research Council.

The rate of sexual assault, including rape, among college students ages 18 to 24 is half the rate of non-students the same age – but college students are less likely to report these crimes, the Bureau of Justice Statistics found in a study released in December.

In the vast majority of college sexual assault cases, the victim knows the perpetrator: The person is a classmate, acquaintance, friend, girlfriend or boyfriend.

“Alcohol is the drug of choice to facilitate rape,” Kerrick said.

Universities participating in federal student aid programs are required under the Clery Act to collect data on campus crime and make it available to the public.

Why so underreported?

There are many reasons why college students who are victims of rape don’t report it to university officials or police, experts say.

“Our biggest problem sometimes is we look at rape victims, and we forget that their body is the crime scene,” said Jean Fisher, chief of the Ada County prosecutor’s Special Crimes Unit. “It is their body. It is their soul.”

They’re traumatized.

They’re embarrassed.

They blame themselves.

They don’t want to submit to evidence collection from their own bodies.

They’re afraid of reprisal from the perpetrator or friends.

They don’t want their parents to know.

They don’t want it in their medical records.

They don’t want to testify in court.

They just want to forget it ever happened.

And that’s not all.

One Boise State University student who allegedly was raped in 2011 told police that she didn’t initially report the crime because she thought she’d get in trouble for being a minor and drinking alcohol at the party where she was attacked, according to the police report.

She told police she was at a party at a residence on Lincoln Avenue when she was grabbed from behind, dragged to an upstairs bathroom and raped.

“She told (the assailant) numerous times ‘no,’ and upon completion of the sexual intercourse, (the assailant) told (the victim) to put on her clothes, count to 100 and not to tell anyone,” the police report says.

The man told her he would tell everyone she was a slut if she told anyone about what happened. She told police she decided to come forward after a friend urged her to report it. When detectives with Special Victims Unit tried to reach her for a follow-up interview, she did not return calls. “Can re-open case if victim contacts this agency and wishes to pursue charges,” the report concludes.

Another big reason why victims don’t come forward is shaming and victim blaming.

In 4th District Court about a week ago, Judge Steven Hippler sharply questioned the attorneys representing Boise State in a former track student rape-sexual harassment case about why they had included the plaintiff’s sexual history – including names of her sexual partners – in its motion for summary judgment. The memorandum was part of the court file, which is public record.

“So because someone has consensual sexual relationships … somehow they couldn’t have been the victim of a sexual assault?” said Hippler, indicating he believed the reason for including information about the student was designed “to embarrass, to humiliate and to intimidate” her. He directed the attorneys to resubmit the memorandum without the names and said he would seal the original memo.

Kevin Satterlee, Boise State’s general counsel, told the Statesman on Friday afternoon that university officials were appalled when they heard about the legal move by the state-hired attorneys.

“That is so against anything we would do in defense of a case,” Satterlee said. “We’ll be sending them a message, telling them it was unacceptable and not representing us or our interests.”

The Ada County FACES Family Justice Center opened in 2006 to help make it easier for people to report and access services for domestic violence, sex crimes and child abuse. It’s a secure facility where evidence can be collected for rape kits and victims can meet with physicians, counselors, victim advocates, police, prosecutors and Legal Aid attorneys. The center served 1,300 people in 2014, Executive Director Rebecca Lovelace said.

Detectives with the Boise Police Special Victims Unit are based at the South Sixth Street building, and so is Fisher, the prosecutor. The client meeting rooms offer softer furniture and a friendlier decor than you’d find at a hospital or police station.

“The challenge with rape – whether on college campuses or off – is having victims feel safe to report,” Ada County Prosecutor Jan Bennetts said.

When a student discloses a sexual assault to Boise State officials, the university does not report the crime to police. That decision is left to the victim, though the university does encourage reporting.

Kerrick said an exception to that rule is if there’s concern about a current threat to general public safety.

Proposed federal legislation would require universities to notify police about sexual assaults. Some victims advocates opposed that requirement because they fear that even fewer people will come forward.

Many universities have designated people for confidential reporting, allowing an assault survivor to get help without having to make a decision on notifying school authorities or the police. At Boise State, information shared by students at the Women’s Center is kept confidential. Also, university counseling and health services are confidential reporting sites.

Two investigations

Students accused of sexual assault may be subject to parallel investigations – one by the university, the other by police, if police are notified.

Universities don’t have to wait for the outcome of criminal investigations by police to take action and impose penalties. Their decisions are based on “a preponderance of evidence,” a much lower standard than used in the criminal justice system.

School officials try to move quickly to ensure that assault victims feel safe on campus. They may alter living arrangements and/or class schedules, impose a school-based no-contact order and have the accused removed from campus and/or expelled, if found to have violated school policies.

Some critics say universities have gone so far in trying to support victims that they’re ignoring the rights of the accused. Since 2011, more than 20 men who feel they were treated unfairly after accusations of sexual assault have filed lawsuits, according to a 2014 article in the New Republic titled “Accused College Rapists Have Rights, Too.”

Surveys, prevention education

One of the recommendations of the White House task force last year was for universities to conduct climate surveys to get student input.

“When done right, these surveys can gauge the prevalence of sexual assault on campus, test students’ attitudes and awareness about the issue, and provide schools with an invaluable tool for crafting solutions,” the task force report says.

Boise State, the University of Idaho and The College of Idaho all plan climate surveys this year.

The task force said sexual assault prevention education should be a top priority for universities. It launched a public awareness campaign called “It’s On Us,” and students across the country, including Idaho, have made videos encouraging their peers to be part of the solution.

The “It’s On Us” campaign is part of a broader push for “bystander intervention” training, which research has shown is effective in preventing sexual assault. Idaho universities also use “Bringing in the Bystander” and “ Green Dot” campaigns to teach students how to intervene.

Boise State requires students under 21 to do a two-hour online program called “Think About It.” The program features information, videos and quizzes about alcohol, drugs, consent, sexual violence and healthy relationships that allow the university to gather information on past student behavior and expectations, as well as educate students about what’s appropriate on campus, said Chris Wuthrich, dean of students at Boise State.

The University of Idaho requires all new students to do the “Think About It” program. In the spring of this year, UI launched a “Consent Campaign” to provide a “platform to help students discuss and understand what it means to consent to sex.”