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| There is a growing mountain of evidence suggesting that Baylor University does not give a fuck about investigating rapes, especially but not limited to those committed by football players. First, it was Sam Ukwuachu and the university’s lackadaisical at best Title IX investigation into allegations the football player raped a freshman. Baylor found him innocent and was ready to send him back onto the field until a criminal court found him guilty. Next, ESPN’s Paula Lavigne reported for Outside the Lines how, when five women tried to report rapes by a football player, Baylor “either failed to investigate, or adequately investigate, allegations of sexual violence.” That football player, Tevin Elliott, also was found guilty in court. Perhaps the most damning evidence is the personal account of a recent Baylor graduate who says she was raped by a fellow member of the university’s mock trial team and went through hell after reporting it. At various points in Stefanie Mundhenk’s account, different groups in charge of her welfare—the police, human resources, and Title IX—either don’t seem motivated to investigate or, when they do, come off as uninterested in diligently out the truth as opposed to what’s convenient for Baylor. In the HR case, she said the investigator interviewed all of the accused rapist’s witnesses and none of hers. In her Title IX case, she says, the judge’s final decision “directly misquoted my original statement.” And then there’s this. “I found out later that my rapist had actually been kicked off of the mock trial team his freshman year because 3 female students had reported him to Student Activities to harassment. When we got a new coach sophomore year, he was allowed back on the team because this information was not communicated to the new coach.” |
Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 16,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas and welcomes students from all 50 states and more than 80 countries.
Did anything ever come about from the alleged rape victim at Mizzou who subsequently killed herself?
So, unless this guy's father is some powerful figure, there is no way any school or business is ignoring or not taking seriously complaints from several different female students about a male figure on campus. It is also poor journalism just to present someone's claims as if they are facts. That is what happened with the UVA case.
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ABOUT BAYLOR UNIVERSITY
Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 16,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas and welcomes students from all 50 states and more than 80 countries.
you got your rocks off typing that? Baylor is a big football MONEY school.. its also very Liberal.. you even been there or to UT or TCU? we have...
Its about MONEY and Football
no kid should go to school and be raped is its a disgrace, but it has nothing to do with their website or their faith.. its the MONEY
From the article ...
They continue to cite FERPA as a reason for not disclosing anything, even though two women signed FERPA release forms so Baylor could discuss their cases with ESPN.
no one should go to college, a place of learning and be unsafe, attacked or worse raped...
and a college that covers it up is merely aiding and abetting a crime
they should lose their TV money for a few years or something
A lot of these articles are sensationalist and don't provide all the facts. So what is reported seems outrageous. Most likely if we had all the facts it would make a lot more sense.
A lot of these articles are sensationalist and don't provide all the facts. So what is reported seems outrageous. Most likely if we had all the facts it would make a lot more sense.
Title IX
Local police should absolutely investigate criminal allegations of sexual assault for prosecution purposes. Keep in mind that their investigation would remain confidential until criminal charges are filed. At that point the police investigation would not be public info due to the suspects right to a fair trial. The only public info would be the actual charges filed.
Universities probably have a moral obligation to conduct their own parallel investigation into the allegations. Beyond a reasonable doubt is a rigorous standard of proof. The university would not need to reach that standard to justify taking action to protect an alleged victim. A preponderance of evidence is the standard used in civil actions. It is less rigorous than the criminal standard but could justify actions taken by the institution. Both standards are subjective and open to various interpretations.
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Christian University. The homepage of their website says the following -
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ABOUT BAYLOR UNIVERSITY
Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 16,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas and welcomes students from all 50 states and more than 80 countries.
you got your rocks off typing that? Baylor is a big football MONEY school.. its also very Liberal.. you even been there or to UT or TCU? we have...
Its about MONEY and Football
no kid should go to school and be raped is its a disgrace, but it has nothing to do with their website or their faith.. its the MONEY
Holy fuck, man. Defensive much?
He was pointing out the hypocrisy of an institution that claims to live by Xtian values covering up or ignoring sexual assaults.
It wasn't an insult to Xtianity, it was an insult to the school.
What the fuck?
Slappy being slappy. He acts the fool at times
A school should notify students of the right to file a criminal complaint with law enforcement and should not dissuade a student from doing so. Title IX does not require a school to report incidents of sexual violence to law enforcement. However, schools may be required to report to law enforcement under other local, state or federal law. A university’s Title IX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the university of its independent Title IX obligation to investigate the conduct.
Criminal investigations are initiated at the discretion of law enforcement but a school’s duty to investigate under Title IX is NOT discretionary.
A school may need to temporarily delay its fact-finding portion of the investigation while the police are gathering evidence, but during this delay it must take immediate interim measures to protect the student in the educational setting. A school should not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own Title IX investigation.
These duties are a university’s responsibility, regardless of whether a student has complained, asked the university to take action, or identified the harassment as a form of discrimination.
Link - ( New Window )
There's a ton of Catholic schools where it seems pretty superficial wrt actually being Catholic in the curriculum and campus lifestyle.
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in these cases? The police and local prosecutors should take the cases. I've never understood that.
Local police should absolutely investigate criminal allegations of sexual assault for prosecution purposes. Keep in mind that their investigation would remain confidential until criminal charges are filed. At that point the police investigation would not be public info due to the suspects right to a fair trial. The only public info would be the actual charges filed.
Universities probably have a moral obligation to conduct their own parallel investigation into the allegations. Beyond a reasonable doubt is a rigorous standard of proof. The university would not need to reach that standard to justify taking action to protect an alleged victim. A preponderance of evidence is the standard used in civil actions. It is less rigorous than the criminal standard but could justify actions taken by the institution. Both standards are subjective and open to various interpretations.
But these parallel investigations have been almost uniformly shitty, sometimes insufficiently protective of the victim and sometimes running roughshod over the accused, they can undermine the law enforcement investigation, and there is a fairness component to it too. Can an accused defend himself, his reputation (likely including his ability to get a comparable education elsewhere) and his tuition when what he says in a hearing can be subpoenaed and used against him?
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Is it somehow not possible to be both Xtian and liberal?
Slappy being slappy. He acts the fool at times
The funniest part is that its not Liberal at all. As a matter of fact they did not even allow dances at the school until 1995, and it was not until this year that they removed "homosexual acts" as a punishable offense in its sexual misconduct policy and stopped kicking kids out of school for engaging in them.
But this is Slappy's M.O., make shit up to further an agenda. But give him credit, he will "walk across the street to give police a cup of coffee".
I think universities are trying to sweep these cases under the rug, because they want potential students to see their school as safe. A rape complicates that.
I had a friend from high school who had something happen to her at her university, and the school tried to sweep it under the rug. She left the school. And when I was at my first college (I took the scenic route) and was writing for the university newspaper, I had a student who approaches me, claiming that she was raped by two wrestlers, and the school wasn't taking it seriously. I approached my editor about it, but she was afraid pursuing the story would end up amounting to conducting the trial through the paper. We didn't pursue the story, and my source took a leave of absence from the university. I transferred myself a few months later, and never found it what happened with the case.
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Universities are very poorly situated to investigate rapes in parallel to police investigations. I have no idea what is happening at Baylor, but it's something to consider.
I think universities are trying to sweep these cases under the rug, because they want potential students to see their school as safe. A rape complicates that.
I had a friend from high school who had something happen to her at her university, and the school tried to sweep it under the rug. She left the school. And when I was at my first college (I took the scenic route) and was writing for the university newspaper, I had a student who approaches me, claiming that she was raped by two wrestlers, and the school wasn't taking it seriously. I approached my editor about it, but she was afraid pursuing the story would end up amounting to conducting the trial through the paper. We didn't pursue the story, and my source took a leave of absence from the university. I transferred myself a few months later, and never found it what happened with the case.
Did the woman who said she was raped report it to the police? You point out 1 of 2 problems in dealing with it through the university system. The first, which you state, is the risk it will be swept under the rug. The second, illustrated by Duke lacrosse and more recently UVA, is that the university system turns into a kangaroo court and agenda pushing through the school media and faculty. NEITHER is acceptable.
While faculty didn't sign a letter (that I can recall), they were involved in the near-lynch mob at UVA against the fraternity accused and against the Greek system in general, and as at Duke they were not very quick to say they were sorry.
Duke was the most egregious I'm aware of, but there are other instances. Sometimes (Amherst), it is faculty participation in what could IMHO only be described as a kangaroo court. And virtually anything involving a fraternity will get segments of the faculty to judge first and fact find at their leisure. I just see due process, which in a rape case is very important for both the accused and the accuser, get subverted an any number of ways during university proceedings.
I have a friend who is retiring from a sworn investigator position to take a job as a non sworn Title 9 compliance investigator at a local Cal State campus. I will be interested to see how this works out and I will stay in touch with him.
Parallel investigations can work if statements are compelled as a condition of employment in law enforcement. ( Garrity / Lybarger admonitions) I wonder if this could translate as a condition of enrollment? After all enrollment is a privilege, not a right, correct? I am sure there are nuanced issues that I have not addressed or considered.
I have a friend who is retiring from a sworn investigator position to take a job as a non sworn Title 9 compliance investigator at a local Cal State campus. I will be interested to see how this works out and I will stay in touch with him.
Parallel investigations can work if statements are compelled as a condition of employment in law enforcement. ( Garrity / Lybarger admonitions) I wonder if this could translate as a condition of enrollment? After all enrollment is a privilege, not a right, correct? I am sure there are nuanced issues that I have not addressed or considered.
It's a privilege, but it is one that is bought and paid for. You risk significant civil liability, I would imagine, if you kick a kid out on the basis of an accusation, forfeit his tuition and make it very difficult for him to get a comparable education (and thus a comparable credential). Even if you afford him "due process" you're still requiring him to defend himself in ways that could undermine his criminal defense. It's an awkward posture. I still believe the safest posture is a policy that mandates suspension when a warrant or indictment is active is a reasonable middle ground, and most states have provisions for protective orders during the pendency of an investigation.
As stated, I don't have the solutions in hand.
As stated, I don't have the solutions in hand.
A professional like your friend may mitigate some of the travesties, but as long as some of the university bodies responsible for rendering judgements are roughly comparable to the judges at the Salem witch trials (or see no evil, hear no evil, speak no evil at Baylor) the possibilities for abuse remain significant. I absolutely cringe at the thought that "We need some muscle here" might be the statement of a faculty member sitting on one of these "juries".
And remember, beyond lost tuition, someone falsely accused and disciplined will have their employment possibilities trashed every time a potential employer runs a background check. And that's for the rest of their life.
Usually the reason it doesn't go to the police is that the girl doesn't report it right away and it's a he said/she said type of issue. It may not hold up in a court of law, but would in a college integrity board setting.
I know some people, very well, who have sat on integrity boards here at the college and heard these types of cases. It's not always easy to decide what happened when both sides of the story are presented.
On a related note - None of these college campuses should be shocked that there is an increase in sexual assaults. Like most campuses, the one I work at greatly promotes sexuality. You can easily find a poster promoting free condom Friday, or sex toy bingo next to one about the latest on campus sexual assault or what it really means to say Yes. As in a step-by-step guide.
Yet, no one seems to think that maybe the two are related.