Showing posts with label ( .News-Colleges. Show all posts
Showing posts with label ( .News-Colleges. Show all posts

September 13, 2015

Bill proposes new guidelines for colleges' handling of sex offenses

9-12-15 Massachusetts:

A new bill being pushed by Central Massachusetts lawmakers proposes a slew of new guidelines governing how colleges handle sexual offenses on their campuses.

The two pieces of legislation – the Senate version was filed by state Sen. Michael O. Moore of Millbury and the House version by state representatives Daniel M. Donahue of Worcester and Tricia Farley-Bouvier of Pittsfield – build off of existing federal laws governing how higher education institutions address sexual assaults. But the state’s law would go even further, requiring colleges to provide additional educational and victim support services, more closely coordinate with local law enforcement and rape crisis agencies, and better delineate to students their rights in sexual violence cases.

“Many schools already have a lot of the services we’re trying to mandate,” said Mr. Moore, a Democrat, but the point of his and the other lawmakers’ bills is to ensure there is a uniform standard for all colleges in the state.

Other states, including New York and California, have already done so, he added; the proposed Massachusetts bills are based partly on their laws.

Mr. Moore said he and his staff began working on his bill a year ago, after the Joint Committee on Higher Education, of which he is the Senate chairman, heard testimony from college students about some of the inadequacies of their schools’ processes for dealing with sex offense allegations. He said he was concerned to hear, for example, that some colleges didn’t allow students – both the alleged victim and perpetrator – to have a representative with them at hearings.

The new legislation would give students the right to have an advisor of their choice attend with them. It also prescribes a range of other services to be provided on college campuses, including:

- Mandatory sexual violence training for staff and students;

- A confidential system in which victims can discreetly report an assault to a trained advisor;

- And clear communication of the school’s sex offense policy as well as information and resources available to victims.

In addition, the bill would require colleges to form agreements with local rape crisis services, domestic violence prevention organizations, and law enforcement agencies, to help the schools more capably conduct investigations as well as provide support to victims.

“(Campus sexual assault) is a complicated issue, and this is a big bill, an extensive bill,” said Mr. Donahue, who added lawmakers are still working on the language.

“This is probably one of the most vetted bills I’ve worked on,” said Mr. Moore, “we’ve had many versions, many redrafts.”

Much of that reworking was based on input lawmakers solicited from colleges, college associations, and social agencies. Kim L. Dawkins, executive director of Pathways for Chance, a rape crisis center in Worcester serving Central Massachusetts, said she was glad they reached out to organizations like hers, “because they’re the ones working with (sexual assault) survivors.”

“I was very grateful for that opportunity to sit with (Sen. Moore) and talk about the bill,” she said, adding she believes the legislation represents an “admirable” new effort to address an old problem in higher education.

Ms. Dawkins said it’s difficult to judge how well colleges as a whole are doing in the area of sexual assault; federally required campus crime reports show forcible sex assaults vary widely in the Worcester area, for example. That’s not necessarily a reflection of how often rapes are occurring, however, but possibly a sign that some colleges are fostering an environment where students feel more comfortable reporting incidents, she said.

“They’re not trying to pretend it doesn’t exist,” Ms. Dawkins said, which she sees as progress towards more the challenging task of changing societal attitudes about sexual assault. “It’s a much bigger issue (than colleges), that needs a lot of attention.”

Local colleges contacted Friday said they’re still reviewing the new bills, but expressed support for the Legislature’s attempt to address the issue.

“The safety and well-being of our students is our highest priority,” said Cristal Steuer, a spokeswoman for Holy Cross. “We support efforts to ensure that colleges provide safe environments conducive to learning and growth.”

Assumption College also “applauds efforts to address this matter and looks forward to working with the legislature and other institutions of higher learning to address this issue,” spokeswoman Michael K. Guilfoyle said.

Renae Lias Claffey, a spokeswoman for Worcester State, said the state university system as a whole is investigating the bills, and is in contact with Sen. Moore’s office.

“We share Sen. Moore's concern about sexual violence on campus and applaud him for taking a leadership role on this issue,” she said. ..Source.. by Scott O’Connell

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May 22, 2015

College discredit: Acquitted of rape, still shamed

5-22-15 Michigan:

In the eyes of the law, Matt Rolph, 22, is innocent of the sex crimes he was charged with following a rape accusation in 2014. But in the eyes of the college Rolph attended at the time of this accusation, he's still seen as a rapist.

A 13WHAM News Investigation into Rolph's story raises new questions about campus policies as well as state and federal laws in place to deal with sexual assault accusations. This report is the result of many on and off the record conversations with many people and institutions involved in Rolph's case. It should be noted that one conversation that is lacking is that of Rolph's accuser, whose identity remains confidential.

The Accusation and Campus Investigation

The Rolph Family home sits just blocks north of the Hobart and William Smith College Campus. A campus that Matt's father Peter roamed as a student and many times since while attending events as an alumnus. Peter met his wife Annie on campus and the couple raised two children, Matt and younger sister Carly, who seemed destined to attend HWS.

"I've kind of known I would go to school at Hobart since middle school," Rolph said. "I got a great education there, I learned so much and I made so many friends."

In February 2014, Matt Rolph was a senior at Hobart and his sister was a junior at William Smith. He was carrying extra credits and on course to graduate in May. That's when he had a sexual encounter with a senior student at William Smith College. The two had been intimate numerous times in the past, but this encounter eventually led to her accusing Rolph of rape.

While she shared accounts of this encounter with friends, almost immediately a formal accusation wasn't made to anyone of authority for nearly six days. That claim started a campus investigation and review. A hearing was held in April.


Rolph's father was a member of the HWS community, but he was not allowed to attend the hearing with his son because he's also a lawyer. So Rolph's sister attended instead.

"I thought that when they would ask me about things they would follow up on them, that they would try to figure out what happened," Rolph recalled of the process. "I'd been told just go in there and tell the truth, it would be enough, but it wasn't."

The family felt comfortable and confident following his appearance at the hearing, but the very next day the school informed Matt Rolph he was being expelled. He appealed, but that was denied weeks later.

I'll remember the day I got expelled until the day I die as probably one of the worst days of my life," Rolph said in a tearful interview with 13WHAM News. "I've been permanently separated from the HWS community, which means I'm no longer allowed on their property even though it's three blocks away from my house."

The ruling remains true today. On May 17, 2015 Matt's sister graduated from HWS. The entire Rolph Family was in attendance with one exception, Matt.

"I'm so proud of Carly, she's going to graduate with a great Chemistry degree, she's going to go on to have a bright future and I can't be there to watch her finish up her schooling...I'm so proud of her and I can't be there to see her get her diploma," Rolph said through more tears.

Annie Rolph personally appealed to Hobart and William Smith College's President, Mark Gearan, for a one-day exception to her son's campus expulsion. ..Continued.. by 13WHAM News

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May 8, 2015

MSU student doesn't want accused rapist at graduation

5-8-15 Michigan:

The male student was expelled after an administrative review found he had sex with an incapacitated woman.

A Michigan State University student who says she was drugged and raped by a male student is upset the university is letting her accused assailant back on campus this weekend for graduation ceremonies after expelling him for sexual misconduct.

"I was just shocked," to hear the news, Ashley told the Free Press. Ashley is being identified only by her first name because the Free Press does not generally identify sex assault victims and she requested only her first name be used.She said she was notified by the university in an email earlier this week that the male student would be allowed back on campus. She said the university did not consult with her first.

"They never checked with me about him coming back to campus," she told the Free Press. "They never asked if I was going to go to the graduation."

"It's been a year since he was expelled," she said. "I've been able to rebuild my life at Michigan State. It's bulls---."

The male student was expelled from the university for sexual misconduct after an administrative review found he had sex with Ashley while she was incapacitated, according to documents reviewed by the Free Press. He's now a student at the University of Michigan in Ann Arbor.

The Free Press is not using naming the male student because he has not been criminally charged.

The criminal investigation is still ongoing, Ashley said.

Michigan State said it couldn't comment on the specifics of why a student was dismissed from the university, but said they did grant permission for an expelled student to return to campus.

"What I can tell you is that for the spring 2015 commencement, a former student who had been dismissed from the university was granted a temporary exception to a no-trespass order in effect since his dismissal," MSU spokesman Jason Cody said in an e-mail to the Free Press. "In this case, permission was granted to allow the former student to join his parents in attending his brother's graduation. The temporary exception is for a very limited time period and includes strict constraints on the locations on campus where the former student may be. The student will be in the company of his parents at all times.

"MSU carefully considers requests to lift restrictions to enter campus on a case-by-case basis. The safety and security of the campus community and its members are always our first consideration."

After being notified of her accused assailant would be back on campus this weekend, Ashley published a letter in the State News, MSU's student newspaper, taking the university to task for the decision.

Ashley said she has tried to meet with top administrators at Michigan State this week to discuss the situation, but has been rebuffed.

The case dates back to 2013, when Ashley believes she had a drug slipped into a drink following a house party off campus. She woke up feeling dizzy and drugged, with her skirt hiked up.

Michigan State's decision to allow the expelled student back for graduation ceremonies has drawn fire from some national women's groups.

"The sheer lack of empathy or oversight here are astounding. Michigan State University seems to think the issue of rape is a joke— not the real problem it is. It's time for MSU to get serious about their rape problem," Nita Chaudhary, co-founder of UltraViolet, a national women's advocacy organization said in a statement.

Michigan State is one of three Michigan universities currently under investigation by the federal education department's Office for Civil Rights for how it handles sexual assaults. Grand Valley State University and the University of Michigan are the other two. by David Jesse

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April 17, 2015

FSCJ changed policy to restrict sex offenders, bar sex predators from campuses

4-17-15 Florida:

Florida State College at Jacksonville has implemented a policy that mandates sex offenders go through an additional application process while baring sexual predators from enrolling.

The change comes after a state database indicated more sex offenders enrolled at FSCJ than at any other Florida college or university.

That unflattering distinction occurred when the Florida Department of Law Enforcement created a database that allowed the public to search college campuses for enrolled sex offenders in the fall of 2013.

A person is classified a sex offender if they are found guilty of crimes including child pornography and sexual performance of a minor. A person is classified as a sex predator if he or she is found guilty of sexual battery on a child or two lessor sex crimes.

The database identified 53 sexual offenders or predators enrolled at the college. About 52,000 students are enrolled at FSCJ.

FSCJ officials said the college is one of 28 open-access colleges in the state. Open-access means there are no set requirements besides a high school diploma or its equivalent to enroll in classes. Other programs, such as adult high school and post-secondary education, don’t require a high school diploma.

By law the college is mandated to educate anyone who would be a benefit to the community. However, the college also is bound by law to provide a safe environment.

FSCJ already began looking at how it enrolled sex offenders and predators before the FDLE’s database became public, according to a November 2013 Times-Union report.

FSCJ’s provost Judith Bilsky said 17 sexual offenders and three sexual predators currently take classes at the school. All of them were grandfathered into the college, but will be required to meet with the dean of student success and a security officer, according to the new policy.

She said the college spent about five months discussing the policy with campus presidents, security staff and risk management among other officials.

Jill Johnson, FSCJ spokeswoman, said the new policy took affect April 2014. She said all employees were notified of the policy change.

There wasn’t college-wide awareness effort for students, she said.

However, each sex offender or predator meets with campus security at the beginning of a semester, and security officers are well aware of the offenders and predators.

The policy requires all sex offenders who want to enroll to apply by April 1. They can only start taking classes in the fall semester.

“Required documents include the sexual offenders’s criminal history, arrest reports, letters of reference, judgement and sentences for all offenses the applicant is subject to, any supporting documents that applicant deems appropriate and an authorization executed by the applicant to conduct a criminal and other appropriate background checks,” the policy reads.

Completed applications will be forwarded to a Threat Assessment Team for review, which will provide a recommendation to the vice president of the college. The vice president will make the decision to accept or deny the application.

“There is no appeal of a decision to deny admission or enrollment,” the policy reads.

Bilsky said the new policy doesn’t deviate from the college’s mission as an open-access educational institution. She said of the number of sex offenders at the college is a miniscule amount compared to the full student body.

“Quite frankly, the only segment of the population that we have cut down access for is sexual predators,” she said. “Those people who have been deemed not able to be rehabilitated and could be a threat to facility and staff.” ..Source.. by Derek Gilliam

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February 10, 2015

VA House, Senate seek balance on campus assault bills

See Also: House approves day care regs, nearly 200 other bills
2-10-2015 Virginia:

The Virginia House and Senate each passed a series of reforms Tuesday that are meant to fight on-campus sexual assaults.

Key to the debate is just how campus officials and police proceed when a victim talks to professors or other campus officials about an attack but doesn't necessarily want her name known to police. While therapists and some others are allowed to keep those reports to themselves, faculty and administrators are expected to send them up the chain of command.

The new legislation would create teams of campus and police officials. These teams would review cases without the victim's name at first, running a background check on the alleged assailant.

Among other things, they'd see if he's a potential repeat offender.

At some point under the still-evolving bills it would be up to a university's Title IX Coordinator – a federally required position on campus – to decide whether the public's need for investigation outweighs a victim's desire for secrecy.

Legislators have been back and forth over how to strike this balance, and the House and Senate versions of this legislation handle some things differently. The two sides will have to negotiate away those differences to send a final bill to the governor.

Neither bill would take away a commonwealth's attorney's power to decide whether to prosecute, nor a victim's right to decide whether to testify.

The House proposal is in House Bill 1930, which passed the chamber Tuesday 97-3. The Senate has Senate Bill 712, which passed that chamber unanimously on Tuesday.

A number of other bills passed Tuesday on this issue, including legislation that would require campus police to inform their local commonwealth's attorney of a sexual assault investigation within 48 hours.

Bills in both chambers would also require colleges and universities to provide victims with confidential counseling from a local crisis center or other victim's advocate, including counseling on legal options.

Senate Bill 1193, from state Sen. Thomas K. "Tommy" Norment, would require "a prominent notation" on student transcripts when students are suspended or kicked out over a reported sex offense, or if they drop out during a campus inquiry.

The idea is to keep violent students from transferring to a new school without the school knowing their past.

Schools must also come up with a procedure to remove the notation if it later discovers the student didn't violate campus rules. This bill also passed the Senate unanimously.

There appears to be support for such a measure in the House, but it hasn't cleared the chamber.

Some, including Del. Rick Morris, R-Carrollton, have expressed concerns about these notations. They're not decided in a court of law, but by student judiciaries or campus administrators, and the accused doesn't have the same rights there as he would in the courts system. ..Source.. by Fain can be reached by phone at 757-525-1759

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January 13, 2015

Focus of Va. bill: requiring campus officials to report college sex assaults to prosecutors

1-13-2015 Virginia:

RICHMOND, Virginia — Campus police would be required to report sexual assaults to their local prosecutors within 48 hours after an investigation begins under a proposal Virginia lawmakers will consider this year.

Del. Eileen Filler-Corn, a Democrat from Springfield, is sponsoring the measure. She's planning a news conference in Richmond on Tuesday to rally support for her bill. The proposal follows increased scrutiny over the way colleges handle sexual assaults.

Filler-Corn says victims' advocates, law enforcement and prosecutors will be on hand to urge passage of the bill.

The bill would only apply to sexual assaults on property owned or controlled by colleges. At some colleges, that could exclude privately owned fraternity houses. ..Source.. by Daily Journal.net

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December 7, 2014

Sex Crimes on Campus: Professors as Judges

See Also: Rolling Stone's University Rape Story Unravels Thanks To Source
12-6-2014 National:

The folly of letting amateurs handle serious crimes

THE uproar about sexual assaults on American college campuses is growing louder. Barack Obama has called them “an affront to our basic humanity”. Several universities—including Johns Hopkins, San Diego State, Emory, MIT, Clemson and the University of Virginia—have shut down or suspended parties at their fraternities in recent months. This week Wesleyan University in Connecticut banned a fraternity from holding social events for a year following two allegations of assaults at booze-fuelled revels. Meanwhile, 90 schools in 35 states are under investigation by the federal Department of Education for mishandling cases of sexual violence.
Rape and sexual assault in America have declined sharply since the mid-1990s, to 1.1 per 1,000 women per year (see chart). And students are no more likely to be assaulted than non-students of the same age, according to the Bureau of Justice Statistics (though its numbers are somewhat out of date). Yet activists insist that American campuses—and especially fraternities—nurture a “rape culture”.

They often cite an estimate that one woman in five will be sexually assaulted during her time in college, which comes from a report prepared for the Justice Department in 2007. Skeptics doubt this estimate, noting that it was based on a small sample (an online survey of two universities) and used a broad definition of sexual assault, which included everything from rape to any kind of “unwanted sexual contact”, as well as any encounter where one party was too intoxicated by alcohol or drugs to give informed consent.

Reports of horrific individual cases have brought extra attention to the issue. Rolling Stone recently published an account of an alleged gang-rape at the University of Virginia, where a student says she was attacked by seven men while lying on shards of a broken glass-topped table. The magazine appears not to have interviewed the (un-named) alleged perpetrators, so it is unclear how they respond to the charges*.
In 2011 the Department of Education sent colleges a letter warning that if they did not take steps to curtail sexual violence, they could be in violation of Title IX, a federal anti-discrimination law. It urged schools to set up committees to adjudicate complaints of sexual wrongdoing, even of heinous crimes such as rape. These committees often consist of untrained professors, administrators and students. The director of a campus bookstore served on a judgment panel for one college last year.

Under this system, defendants and victims have no right to legal counsel and no opportunity to cross-examine witnesses. Colleges typically determine guilt based on the civil “preponderance of the evidence” standard, meaning it is more likely than not that the perpetrator committed the crime, rather than the far tougher “beyond a reasonable doubt” standard, which is used in criminal courts. Panels cannot jail wrongdoers, but they can expel them.

Students on both sides of the fence have complained that these amateur tribunals are inept. A lawsuit this year alleged that Columbia University unfairly allowed perpetrators to remain on campus. Meanwhile male students at Vassar, Duke, and the University of Michigan have sued their schools, claiming that campus committees found them guilty of sexual misconduct when they were innocent. At Harvard 28 law professors recently criticised the university’s new sexual-assault procedures as lacking “the most basic elements of fairness and due process”.

Critics of the system argue that crimes should be dealt with by the police and the courts. In colleges as in the wider world, most rape victims never report the attack to the police. Studies suggest that the vast majority of campus assaults are committed by a small fraction of college men who tend to rape over and over again. So campuses would be safer if these habitual offenders were swiftly identified and arrested, rather than just expelled—leaving them free to go to another college and rape again.

Other critics think that colleges—and the government—should regulate alcohol more realistically. Binge-drinking is common on campuses, and cited in many complaints of sexual transgressions. But because students under 21 have no legal way to obtain alcohol, they tend to party in places where there is no adult supervision nearby, such as in fraternity houses, which are not technically part of the university. The head of the University of Virginia notes that students at frat parties often have no idea how strong their drinks are. (At some parties, the hosts mix everything up in a trash can.)

The lack of adult supervision has had dire consequences: men in fraternities are three times more likely to rape than other men on campus, according to John Foubert of Oklahoma State University. If the drinking age were lowered, parties could be held on campus and colleges could supervise them better, critics say.

* On December 5th Will Dana, the managing editor of Rolling Stone, issued a note to readers saying that the gang rape story they published may have been inaccurate. ..Source.. by The Economist

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November 28, 2014

Talking (Very Frankly) About Sex On Campus

11-28-2014 Tennessee:

"Losing Your (Concept of) Virginity." "Negotiating Successful Threesomes." "Vagina 101." These aren't your parents' college classes.

Consider this a syllabus for Sex Week, a series of workshops, discussions and screenings dedicated to, well, you know what, that are becoming popular – and controversial – on campuses around the country.

Yale University held one in 2002 and since then there have been at least 20, including at the University of Chicago, the University of Maryland and Harvard University.

While the seemingly brazen subject matter has certainly ruffled some feathers, organizers say the goal isn't to sensationalize, but to encourage community dialogue around healthy sexuality.

"Students really know that they need this information," says Nicky Hackenbrack, a senior Biology major at the University of Tennessee, Knoxville. She's a member of a campus group there that's organizing Sex Week for 2015.

She says Sex Week is all about cultivating "sex-positive" attitudes – encouraging open communication and informed dialogue about safe and consensual sex.

For Sex Week 2015, slated for April 6-1, organizers are designing programming aimed at a spectrum of identities, including discussions on religion and sex, asexuality and non-intercourse sex. Typically more than 4,000 students get involved each year, Hackenbrack says.

It's true that some of the events focus on – let's say, techniques. But many seek to engage students in thoughtful dialogue about the queer experience and gender issues, such as female genital mutilation or Beyonce's place in feminism, says Alli Shapiro, a junior journalism major and Co-Chair for Sex Week at Northwestern University.

"I think that Sex Week is not necessarily based around how-to," she says. "It's very much based in sexual education and LGBT issues and feminism."

"People who disagree with that shouldn't be forced to pay for it"

Critics, however, say Sex Week sounds more like Woodstock than a high school health class, and too often glosses over the consequences. And some students are worried that Sex Week falls short of its claim to be an inclusive dialogue, often pushing away students of religious communities.

In Tennessee, for example, administrators pulled $11,000 of state funding two weeks before the 2013 Sex Week at UT Knoxville, in response to pressure from state representatives. Months later, the Tennessee legislature passed a resolution condemning the $25,000 program as "an outrageous misuse of student fees and grant monies," citing a drag show, condom scavenger hunt and an aphrodisiac cooking class.

"People who disagree with that shouldn't be forced to pay for it," State Senator Stacey Campfield told WVLT Nashville in March.

Now, UT students must "opt-in" to allocate $20 of their student fees to fund events like Sex Week that "may be considered by some to be controversial or personally objectionable," according to the University of Tennessee Student Life page.

UT is hardly the only campus that's seen this controversy. The first annual Sex Week at University of New Mexico last year triggered an avalanche of phone calls, media hype and an act of vandalism from an anonymous pro-life protester.

"While we knew not everybody would be into it and agree with it, we certainly weren't expecting anything like what happened," says Summer Little, the Director of the Women's Resource Center at UNM. "Because we're not in Tennessee, we're not in the South, so I think we just had a different expectation."

As the conversation spilled into the surrounding community, student organizers say they fielded daily calls complaining Sex Week was pushing a radical agenda and squandering taxpayer dollars. The backlash spurred UNM Vice President of Student Affairs Eliseo "Cheo" Torres to issue a public apology for the program after Sex Week ended.

"While the university administration believes that it is important to offer opportunities for sex education to college students, it should be done in a careful and respectful manner," the statement reads. "We will do a better job in the future of vetting and selecting programs offered through campus groups."

Back in Evanston, Illinois, junior Alli Shapiro says officials at Northwestern University have been largely hands-off since she got involved with Sex Week.

"We're definitely careful with not making them too uncomfortable," she says of the administration. "You'd be surprised. We've done a lot."

What's in a name?

While they recognize the titles can seem offensive, student organizers counter they entice students to participate in a larger conversation about healthy relationships — something they hope can help stem sexual assault on campuses, a topic that's much in the news lately.

At UNM, organizers say Sex Week was a way to expand their sexual-assault prevention training in a fresh, engaging way. For the past two years, UNM has hosted a sexual education seminar called "I Love Female Orgasm" that attracted around 700 students for each year. The popularity of the event inspired her team to put their modest budget toward a week of similar programs.

"We want to come at it from a positive perspective and say we all are adults, let's have a conversation about this," says Little. "Our primary goal was kind of just having all these different topics to open up that conversation and decrease that feeling of apprehension and awkwardness."

To spark that conversation, Omar Torres, the university's program assistant for men's health programming, says the team chose provocative titles such as "How to Be a Gentleman and Get Laid" so students would actually show up and talk about important topics of consent, communication and boundary-setting.

"The only way [to draw students] is to give people something to be interested about," says Torres. "No one wants to go into a workshop that's called 'How to Have a Good Relationship.'"

But some student took issue with their approach. Sade Emsweller, a junior and the vice president of the campus group Students for Life UNM, wrote a letter to the dean of students protesting Sex Week's edgy programming. She argued that it inadvertently objectified women and rarely discussed consequences of sex, such as unplanned pregnancy.

"I think the titles were controversial, and students didn't know what [the programs] were about," Emsweller says.

She adds that Students for Life is looking forward to working with other groups to organize a Sex Week next semester that will have renewed focus on sexual violence prevention and self-defense.

"If you're going to say you're talking about sexual assault then let's actually do it," says Emsweller. "We all have the common goal of helping women, we just have different approaches." ..Source..Many Links in Original Site. by Lindsay Sandoval NPR Radion

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July 31, 2012

Sex offender suing HFCC for kicking him out

7-31-2012 Michigan:

A former student is suing Henry Ford Community College for kicking him out after administrators learned he was on the state’s sex offender registry.

Michael Branch says in the suit that he attended the college in the spring and fall of 2010 and was mid-way through the winter 2011 semester when he received a letter saying he could not continue his enrollment, effective immediately. Branch, a Wayne County resident, was studying for a degree in heating, ventilation and air-conditioning.

The letter he received from the college said attending HFCC violated his parole, which required him to stay more than 1,000 feet away from a school with students in kindergarten through 12th grade or 2,500 feet from of a daycare or preschool, according to the suit. A daycare/preschool sits on the main campus, and high school students attend HFCC through dual enrollment.

Branch was paroled in 2010. In 2004 he had “consensual intercourse” with a girl who said she was 19 when she was only 15, the suit says. That conviction put him on the sex offender registry for life.

His parole officer knew he was attending college, and Branch managed perfect attendance and a 3.7 grade point average for his two semesters, according to the suit.

Branch’s attorney, Shaun Godwin, initially filed the suit in June in Wayne County Circuit Court. An August motion asks to move the case to federal court because it deals, in part, with discrimination under the 14th Amendment.

Branch also is arguing HFCC committed a breach of contract. The suit says the college denied him his due process rights when he was not allowed to have a hearing or otherwise appeal the expulsion decision by Lisa Jones Harris. Harris, vice president of student affairs, is named as a co-defendant.

Jones-Harris allegedly told Branch he should have disclosed his conviction, but the suit argues HFCC’s application form does not ask for such information and nothing in the Student Code of Conduct addresses the matter.

The 14th Amendment protects students from being sanctioned on the basis of “unconstitutionally vague rules,” the suit says.

Branch’s parole expired in May 2011, but he was told he was not allowed to reapply to the school, the suit says. His student loans are coming due and he cannot complete his degree. HVAC credits do not transfer to other schools, and he is hesitant now to try enrolling elsewhere, the suit says.

The suit seeks Branch’s reinstatement at the school and monetary damages.

No one from Henry Ford Community College returned a call asking for comment on the lawsuit. ..Source.. by Katie Hetrick

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July 22, 2012

Sex offender with high GPA wants back into college

7-22-2012 Michigan:

Michael Branch says his rights were violated when Henry Ford Community College kicked him out of school last year


DEARBORN, Mich. - A convicted sex offender with excellent grades is suing to get back into a Detroit-area college, which expelled him when it learned about his record.

Michael Branch says his rights were violated when Henry Ford Community College kicked him out of school last year. Branch's parole officer had no problem with him attending the school if he stayed away from a campus day care facility. He's now off parole.

Branch served a prison sentence for having sex with a 15-year-old girl in 2004. He said he believed she was older.

Henry Ford Community College in Dearborn declined to comment on the lawsuit. Branch says he had a 3.7 grade point average while pursuing a degree in heating and cooling. The case is pending in Flint federal court. ..Source.. by Click-on-Detroit

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November 25, 2011

New Bill in Congress: Campus SaVE Act and Recent College News Reports

For a one page summary of the Campus saVE Act
11-13-2011 National:

One recent news report "The Molester Next Door" ends with wondering if the college should have done a better job of following up on past report about a former assistant football coach. The essence being a question of college Policy if such exists and who is responsible for what and when, on issues of violence and sexual acts on campus. See "The Current Handbook for Campus Safety and Security Reporting" for further information..
With that in mind there are two related bills in Congress to look at: Campus SaVE Act: HR-2016 [Rep Maloney, Carolyn B. NY-14] and Senate Campus SaVE Act: S-834 [Sen Casey, Robert P., Jr. Pennsylvania], these bills mirror each other.
Suggested Amendments: Bills are focused on "Violence Against Women" but, men and minors on campus need to be addressed as well, and absent is appropriate therapy, or referrals, when possible, for those deemed offenders under college policy.
The bills' essence (Yellow Highlights Below) is to amend 42 USC § 1092 Institutional and Financial Assistance Information for Students (Institutional Information portion). Our suggestions and the bill command colleges to do a better job of tracking reports of sexual acts, reporting to authorities when appropriate, and provide training programs for students and staff. So the essence seems logical and correct if colleges are not now doing a good job, or their policies are inadequate as to informing employees of what they are to do under different circumstances.

First, the bills' Congressional Findings which I have tried to verify:
(1) Between 20 and 25 percent of female students will experience some form of sexual assault during their years at an institution of higher education, and nearly 3 percent of all such women become victims of either attempted or completed rape in each 9-month academic year.

(2) Multiple studies indicate that lesbian, gay, bisexual, and transgender (LGBT) students are more likely to experience violence and threats of violence, including sexual violence, than their non-LGBT peers.

(3) Between 85 and 90 percent of reported sexual assaults against female students at institutions of higher education are perpetrated by someone known to the victim, and nearly half of such sexual assaults occur on a date.

(4) Less than 5 percent of rapes or attempted rapes of female students at institutions of higher education are reported to campus authorities or law enforcement. In 2009, only 2,578 forcible sex offenses and 68 non-forcible sex offenses that occurred on the campus of a 2-year or 4-year institution of higher education were reported, among 8,476 2-year and 4-year public and private institutions of higher education. (These numbers, and those for other crimes on campus, can be found at this LINK [scroll down page to "Summary Crime Statistics"])
(5) Students are more likely to report a sexual assault when they know how to report a sexual assault and how a school will respond if such a report is made, yet fewer than half of the institutions of higher education in the United States have written policies for filing criminal charges and campus reports related to sexual assault.

(6) Only 1/3 of the institutions of higher education in the United States report their crime statistics correctly, resulting in statistics in which instances of sexual assault have been misclassified and underrepresented. Less than half of all institutions of higher education in the United States offer any sexual assault training, and such training is often provided only for resident advisers and security officers.
To find what crimes have occurred (i.e. REPORTED) on any college campus in the nation, use this tool and follow their instructions.
(7) Thirty-six percent of institutions of higher education offer safety training that includes teaching students how to prevent and defend against sexual assault.

(8) Less than 20 percent of institutions of higher education educate students about acquaintance rape, and less than half of 4-year public institutions do so.

(9) According to campus administrators, the reporting of sexual assaults would be facilitated if institutions of higher education provided services for victims, written law enforcement response procedures, new student orientation, and campus-wide publicity about past crimes.

(10) While dating, domestic, and sexual violence affect women regardless of their age, teens and young women are especially vulnerable.

(11) Women of all ages are at risk for domestic and sexual violence, and women ages 20 to 24 are at the greatest risk of experiencing nonfatal intimate partner violence.

(12) Individuals ages 18 and 19 experience the highest rates of stalking.

There isn't much that can be said at this point, other than, events of the day show a need for change in College Policy and Enforcement, which this bill tightens up on colleges in many respects.

I am suggesting that folks SUPPORT this bill, and our suggestions, and contact their Representatives and Senators in Washington DC, asking them to amend and make this bill law as soon as possible.

For now have a great day and a better tomorrow.
eAdvocate
Women Against Registry have reviewed these suggestions, and forwarded this comment: This bill (as introduced in both chambers) is both acceptable and needed, on its face. Advocates in this movement should keep an eye on it, however, and protest any unreasonably biased and potentially harmful language that might make its way in via amendments during the process.

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November 22, 2011

Report: Va campus sex crime arrests are rare

11-22-2011 Virginia:

RICHMOND, Va. (AP) - A newspaper's analysis of sexual assaults on seven Virginia college campuses shows arrests and convictions are rare, in part because half the women who report attacks decline to pursue charges.

The Richmond Times-Dispatch (http://bit.ly/styfOp ) reports that campus police at the seven schools investigated 62 reported sex crimes from 2008 through 2010, with just seven resulting in arrests and four in convictions. The rate of arrests and convictions for campus sex crimes is well below the national and state averages for reported sex crimes at large.

Campus police and prosecutors serving the Virginia localities where the colleges reside say 50% of victims either refused to cooperate with police or didn't want their assailants charged or prosecuted. ..Source..

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July 16, 2011

Readers ask about bridge, sex offender, fairgrounds

7-16-2011 Nebraska:

Q: Why was a convicted sex offender recognized as an academic honorary and college scholarship winner in the York News-Times? What about the victim’s life he destroyed? Why do the taxpayers have to pay his way to a better life?

A: First, listings and announcements of scholarship winners are made by the colleges, universities or foundations from which they originate — the News-Times does not automatically have such information until it is provided by the institution. The validity of such information is also verified this way.

Secondly, the copy editor does not run criminal and/or background checks on every single name that is submitted for scholarships, honor rolls, dean’s lists, awards, etc. Nor is that necessary, as the fact of this particular matter was that this person had been awarded a scholarship by an institution and it had nothing to do with his status as a sex offender.

It should also be noted that the copy editor does not recognize each and every name that comes across the news desk as that would be virtually impossible, and again, unnecessary.

Lastly, direct tax dollars were not utilized for providing such a scholarship. This was a scholarship provided through a private institution that is not funded by tax dollars. ..Source.. by News-Times Staff

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June 22, 2011

Sex offender allowed back at Lake Michigan College

6-22-2011 Michigan:

Student had been suspended last year by college

BENTON HARBOR — A second Lake Michigan College student suspended last year for being a registered child sex offender has been allowed to take classes again.

The student was one of three men who were notified by LMC in February 2010 that they had been banned for being a child sex offender on the Michigan Sex Offender Registry.

Amid national media attention and public concern over the decision, LMC changed its policy to review the enrollment of such students on a case-by-case basis. The old policy automatically suspended students at all four of LMC’s campuses who were listed on the registry as child sex offenders, regardless of whether it was deemed they posed a risk.

Two of the three students filed appeals in February 2010. A student appeals committee allowed one of the students back, but did not for the student most recently accepted back.

The college has not released what its criteria is for reinstating students.


The settlement to allow the student back to LMC was finalized on Tuesday, although he has been taking classes since January.

The student contacted the ACLU of Michigan last year after the college’s original ruling. The ACLU represented the student and urged the college to look over his case again.

Miriam Aukerman, ACLU West Michigan Regional Office staff attorney, said Tuesday that a blanket ban is unfair and illegal.

Aukerman said this particular student’s crimes were for a 10-year-old offense and added that he received numerous support from friends, faculty, a therapist and his parole officer. She would not say what factors during a December investigation led to his reinstatement.

"Other colleges and universities should follow LMC’s lead and craft more carefully tailored rules that actually keep our campuses and communities safe," Aukerman said. Aukerman said it’s certainly possible that some students should be kept out depending on their individual case.

Lisa Martin, the student’s former therapist, said in a statement that the student was "devastated" when he was kicked out of school.

"He cannot change the past or undo what he did," she said. "What he can and did do is work towards becoming a different person. For him, obtaining an education was central to his plan to turn his life around. In my professional opinion, his attendance at Lake Michigan College does not present a risk. He is a positive addition to the campus, rather than a safety threat."

The issue came to light when one of the three students attempted to resister for winter classes at the Niles Bertrand Cross campus and was not allowed to enroll after he told administrators he was a convicted child sex offender. After a background check of all 4,200 students, the school suspended three who appeared on the registry.

The rule applies only to child sex offenders and does not affect sex offenders whose offense were against adults.

Although the old rule would automatically suspend the students, it essentially was like a ban from the school because child sex offenders are required to register for 25 years.

Bob Harrison, LMC’s president, said the college set new policies in place a year ago to give students a chance to return. He said he had no further comment on the issue. ..Source.. by Tom Moor

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June 25, 2010

Lake Michigan College cracks down on who can attend

6-25-2010 Michigan:

Officials will review individual cases to determine whether felons, sex offenders can go to school at the college

BENTON TOWNSHIP - Current and prospective Lake Michigan College students who are felons or on Michigan's sex offender registry will no longer be allowed to automatically continue classes or gain admittance under a new policy.

The cases of convicted felons and sex offenders will now be individually reviewed before they are allowed to attend LMC. The school's board of trustees unanimously approved the policy change at its regular meeting Tuesday.

Previously, those convicted of a sex crime against a child were barred from admittance. But on Tuesday, the board approved expanding the policy to include all sex offenders and convicted felons.

Whether the person can enroll or continue with classes will be determined on a case-by-case basis. The individual review, LMC President Bob Harrison said, is to determine the potential threat the current or prospective student poses to other students.

"We'll go about this recognizing that individuals have specific needs, that specific sets of circumstances should alter whether they're allowed to be students here or not," Harrison said. "So I think we're striking a very good balance between fulfilling the mission of the college as well as recognizing our obligation to protect not only our students, but our visitors and our staff."

In February, the college adopted a policy of barring those convicted of a sex crime against children from attending any of LMC's four campuses. The college instituted the practice after a prospective student tried signing up for winter semester classes at the Bertrand Crossing campus near Niles and informed school officials he was a registered sex offender and his victim had been a child.

School officials previously said the prospective student wasn't allowed to register, and the incident sparked a review that determined that three registered students were on the registry for committing sex crimes against children. The three were suspended, but two appealed their suspensions. One of the students successfully appealed the suspension in March, however.

LMC has not released the students' names, citing privacy laws.

School officials previously said they instituted the initial policy to protect children that might be on an LMC campus.

Under the new policy, school officials will review the Michigan sex offender registry to determine if a current or prospective student is an offender. If a prospective or enrolled student is found to be on the sex offender registry or a felon, they will be barred from admission. The potential student, however, can request a hearing before a panel of three school officials to provide documentation and explain their situation. The panel's decision is final.

An enrolled student who is a sex offender or felon will have the same initial hearing process as prospective students. However, current student can appeal that decision to a second panel composed of faculty, administrators and students. The student can keep going to classes until the appeals panel's decision is made.

Harrison said though school officials will be periodically reviewing the sex offender registry, they will not be actively seeking to find convicted felons. Instead, he said, a stipulation will be included in the student handbook telling students that if they are a felon, they are required to notify school officials or face possible expulsion.

The new policy goes into effect immediately.

"With this change each student or potential student affected by the policy gains that opportunity to explain the situation and provide some documentation to a review panel to assess the level of threat to the college community," board Chairman Pat Moody said. "I think it is a good balance."

Harrison said school officials spoke to local law enforcement, social service and education officials before drafting the new policy.

Some of the people they spoke to included Berrien County Chief Trial Judge Alfred Butzbaugh; Jerry Frank, director of the Berrien County Department of Human Services; Lee Gallay with Berrien County Council for Children; Berrien County Sheriff Paul Bailey; Berrien County Prosecutor Art Cotter; and Ira Green, manager of the county's parole office. School officials contacted college and university student conduct experts and community colleges in other states with comparable policies.

"I believe that is a very fair and well-researched new and revised policy," board Vice Chairwoman Judy Truesdell said. "I feel very comfortable in voting in favor of accepting it." ..Source.. SHAWN McGRATH - H-P Staff Writer

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March 22, 2010

Lake Michigan College still has questions to answer

3-22-2010 Michigan:

As a former director of an agency providing services to sexual offenders and their victims and as a former school board member, I am interested in the legal, public safety and educational policy issues surrounding Lake Michigan College's actions.

I was first concerned with LMC using the "other" category of their student conduct code to suspend/expel sexual offenders and the actions of administrators in a serious policy and legal matter without public representation from the board. Administering a code of student conduct to behavior occurring long before enrollment is, to say the least, a stretch. With no stated appeal (student handbook) to the governing board, but rather a board of administrators and students, how is it determined that the code of conduct was even remotely intended to include pre-student behavior?

I was aghast to read the comments of the college's spokesperson who indicated this came to light when a prospective student disclosed his history. She reportedly said, "This brought to light we could have other students." Why the apparent surprise when the responsibility clearly lies with the college to use the sexual offender registry? The registry has existed with public access for many years. The Campus Sex Crimes Prevention Act (2002) added a new subsection to the Wetterling Act - the federal law dealing with state registration of sex offenders - requiring states to obtain information about enrollment from registered sex offenders and to provide that information to law enforcement agencies. Offenders have to report enrollment or face criminal charges. They are not required to report to colleges.

I wonder why LMC administrators and staff, let alone students and parents, were apparently not informed how to be aware of enrolled offenders of adults as well as children. The law has required since 2002 that institutions of higher education provide notice to the campus community of where they can obtain information identifying registered sex offenders who are enrolled. This can include a local police department or an Internet site. The act stopped well short of banning sex offenders from campuses. LMC's student handbook, unlike other community college handbooks (including LMC's partner, Siena Heights University), does not include reference to where to find this information available by college at the Michigan State Police Sexual Offender Registry site.

Clearly, laws establishing a sex offender registry and requiring offenders to report where they are attending school and requiring colleges to inform their "campus communities" are intended to be the first safety measure. LMC appears to not be using this valuable resource with staff or with the community. The LMC president's statement - "This entire process has been about our belief that we as a college have an obligation to protect the thousands of children who come to our college each year for a wide variety of educational activities" - begs the question, where has administration and the board been in their concern for safety, oversight and compliance with law since 2002?

While it is understandable that during possible litigation, specifics cannot be discussed, the public has a right to know of policies related to compliance with law and who is giving the board and administration legal and policy advice, either directly or through the community college association. Without informing the public, the board will again leave the public wondering, if not drawing conclusions, about its competence. ..Opinion.. of Marc Del Mariani lives in Stevensville.

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March 20, 2010

Lake Michigan College president stands by policy

3-20-2010 Michigan:

Robert Harrison says suspending child sex offenders part of duty to protect children

BENTON TOWNSHIP - Lake Michigan College President Robert Harrison is standing by the college's decision to suspend registered child sex offenders from its campuses, while holding out the possibility that the controversial policy could be modified.

In the meantime, even though an appeals committee overturned one of the suspensions last week, the practice remains in force, Harrison said during an interview at LMC Thursday.

"We felt it was our duty to protect the large number of children who visit our campuses on a regular basis," Harrison explained of college officials' decision to bar from LMC's campuses people convicted of sexual offenses involving children.

Harrison said he and John Selmon, executive dean of student services, were responsible for making the policy decision. They did not seek input from professionals who work with sex offenders, nor did they get advice on the legal aspects of the move, Harrison said.

Selmon could not be reached for comment.

Harrison said the trustees he contacted supported the policy.

While there is no written policy covering this issue, the student code of conduct allows the dean of student services to determine what is appropriate and inappropriate behavior for students, Harrison said.

But how many children come to a college that caters to adults?

Harrison said Lake Michigan College participates in many programs that bring students from elementary grades through high school to the campuses. Those occasions range from career days to early college exposure to an event next month that will bring about 500 high school students to the Benton Township campus to observe the state Supreme Court, Harrison explained.

He didn't know how much contact the younger students would have with the college students during these outings, but added that LMC's campuses are open and there is the potential for incidents to occur. Private day care centers operate on the Napier Avenue and South Haven campuses, as well.

The policy does not extend to people who have committed sex crimes against an adult.

Much of the criticism of the policy has centered around the question of why college officials aren't doing more to protect their students from sexual predators, such as rapists, who target adults.

Harrison said the college decided to focus on bolstering protection for "the most vulnerable population" - the children.

Adults need to be cautious while on campus in the same as they would be cautious in going to the store, Harrison said. "There are sex offenders in our society. We are all expected to be vigilant."

The possibility that some sex offenders might have landed on the 25-year registry as juveniles themselves, in so-called "Romeo and Juliet" cases with other minors, has been raised as well.

At the time the policy was discussed, Harrison said he did not consider looking at the students on a case-by-case basis, trusting that their placement on the sex offender registry is sufficient evidence of a security risk.

"We are relying on the judicial system to make these decisions," Harrison said. "In these cases there was a prosecutor, a judge and maybe a jury, with information we didn't have access to. We are relying on the judicial system to function as designed."

The issue arose when a student seeking to register for winter classes identified himself as being on the sex offender registry. This led to the investigation that found other sex offenders already registered.

About a week after the policy was announced Feb. 7, three students were suspended; two later filed appeals.

The day before the appeals were heard March 12, Harrison and staff members met with Gloria Gillespie, a Berrien County commissioner and a counselor who has worked with sex offenders and victims for more than three decades. Other authorities in the field were also in the meeting.

Gillespie had been critical of the policy she said could punish people trying to build new lives for themselves many years after an offense was committed.

Harrison said the information they offered was "valuable and helpful," but it did not change his position.

The next day a committee repealed one of the suspensions, while another committee upheld the college's sanction for the other student.

Harrison said he had no knowledge of how these decisions were arrived at.

"I wasn't part of the panel" made up of faculty, administrators and students, Harrison said.

Harrison did not know of any lawsuits stemming from the suspensions.

Because the appeals panel has opened a hole in the blanket policy, Harrison said administrators will be presenting "multiple recommendations" to the board of trustees on how to proceed, adding that a written policy is "a possibility."

For now, people on the registry as child sex offenders will be limited to taking online classes through LMC.

In the case of future students, "we will default to the wisdom of the judicial system," Harrison said. ..Source.. JOHN MATUSZAK - Assistant Local News Editor

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March 14, 2010

Lake Michigan College announces split decision on suspensions

See earlier story.
3-14-2010 Michigan:

BENTON HARBOR - One Lake Michigan College student who appealed a suspension for being on the child sex offender registry will be allowed to return to campus, and another who appealed remains barred, a committee decided late Friday.

A news release from the college provided no details on the split decision.

Faculty and administrators who were members of the appeals panel were likewise mum on the subject.

Marjorie Zibbel, an associate dean for community and business services, said that as a stipulation of her participation on the panel, "I was asked to promise not to discuss this with anyone outside the panel."

Other panel members were faculty members Frank Stijnman, Michelle Stone and Erick Pifer, and administrator Lee VanGinhoven, executive director of facilities management.

Pifer had no comment, as well. The others could not be reached for comment.

Two members of the Student Senate also took part, but their names were not released.

Committee members were drawn from a pool much like a jury, LMC spokeswoman Laura Kraklau said. The appeals were heard separately, and which committee members heard which appeal is being kept confidential.

Such a policy allows for discrimination -between decisions- based on differing personal beliefs, and no history of courtlike decisions. Can these be appealed to circuit courts?

In a written statement, LMC President Robert Harrison said, "This entire process has been about our belief that we as a college have an obligation to protect the thousands of children who come to our college each year for a wide variety of educational activities."

Harrison added, "At this point, we will review our college policies and procedures related to this topic and determine from there how we will proceed."

The college instituted the policy that prohibited child sex offenders from its campuses Feb. 7. The issue came to light when a student attempting to register admitted to being on the registry. He was not allowed to sign up for on-campus classes.

Administrators discovered that there were three students on the registry already on campus. They were suspended and barred from the college's four campuses, although they will be allowed to take classes online. Two of those students chose to appeal their suspensions, which amounted to expulsions since names remain on the registry for 25 years.

The new policy was announced on the college's Facebook page. Respondents questioned why the college's policy did not extend to those convicted of sex crimes against adults, including rapists.

There was no similar announcement about the outcome of the appeals on the LMC Web site.

The issue has drawn national attention, including an article on the Chronicle of Higher Education's Web site. Experts have questioned the effectiveness and legality of having a blanket policy for all child sex offenders, rather than addressing them on a case-by-case basis.

Gloria Gillespie, a Berrien County commissioner and a counselor who has worked with sex offenders and victims for 35 years, has expressed her opposition to the policy. She met with Harrison and members of his staff Thursday to offer her expertise in the hope they would rescind the policy.

Gillespie told them that she had been in a conference that day with the head of Berrien County's juvenile court, who reported that 17 of the 115 juveniles ages 7-12 who came to court last year were sex offenders.

"That means, in six years, when they want to go to college, they can't," if a college or university has a policy like LMC's in place, she said. ..Source.. JOHN MATUSZAK - Assistant Local News Editor

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March 5, 2010

2 Lake Michigan College students appeal

3-5-2010 Michigan:

The pair were suspended for being registered child sex offenders; hearing set for March 12

BENTON TOWNSHIP - Two of the three Lake Michigan College students suspended for being registered child sex offenders will have an appeals hearing March 12, a college spokeswoman said Thursday.

Laura Kraklau confirmed that two of the suspended students have filed appeals of last month's decision to bar them from campus, made when officials learned they were on the state's sex offenders registry.

The issue arose when one person seeking to sign up for classes identified himself as a registered sex offender for an offense involving a minor. Administrators checked the registry and found three students on campus who were on the list for crimes against children. The one who admitted to being on the registry was not allowed to register, and the three on campus were suspended between Feb. 11-15.

Under the college's new regulation, others on the registry for offenses involving children will be barred from the college's four campuses. The students are allowed to take classes online.

People convicted of sex crimes against adults are not barred from campus.

Because names remain on the registry for 25 years, the suspensions amount to expulsions.

LMC cited the presence of a child day care facility on the main campus in Benton Township as one reason for the decision to prohibit people whose offenses involve minors.

Kraklau said the appeals hearing would be "an internal process" that would not be open to the public. The appeals committee will be made up of two members of the Student Senate, two faculty members and an administrator, probably a dean, Kraklau said.

After hearing the appeals, the committee will have seven business days to reach a decision. While the hearings would not be open, Kraklau said the final decision might be made public.

The announcement about the new rule was made Feb. 17 on the college's Facebook page. There was no similar announcement about the student appeals.

Kraklau acknowledged that there were "strong feelings on both sides" on campus about the suspensions.

On the LMC Facebook page, Marie Edwards asked, "What is LMC doing to protect its adult students from rape?"

Jeannette Holton commented on the Facebook page that she believes that the sex offender registry "contains many, many people who are not a threat to the safety of others, including those who as teenagers had sex with a younger teenager."

Meanwhile, Holton pointed out, "a person who is on the sex offender registry for violently raping an adult is free to attend."

Berrien County Commissioner Gloria Gillespie, a licensed counselor since 1975 who has worked with the perpetrators and victims of sexual assault, is trying to set up a meeting with college officials "so that when they have to reach a decision they have more information."

She told the county health board Wednesday that she disagrees with the decision to bar these people from campus.

"I'm not an advocate of sex offenders. I'm an advocate of continuing education," Gillespie said. "Are we helping sex offenders by not helping them get an education?"

She said that a person can commit an offense at 11 and remain on the registry into his or her 30s, while there's no similar registry for murderers.

Health Board Chairman Duane McBride agreed that a clearer definition of what constitutes a threat is needed.

"A sex offender is different than a predator," McBride said.

The controversy is attracting national attention. The Chronicle of Higher Education posted an article on its Web site Thursday questioning whether Lake Michigan College's policy could withstand a legal challenge.

Gary Pavela, a legal consultant to colleges, told the Chronicle that the problem with the regulation is that it does not consider offenders on a case-by-case basis.

"The law is clear that there must be individual assessment," Pavela said in the article. "I think there is a legitimate legal question worthy of challenge." ..Source.. JOHN MATUSZAK - Assistant Local News Editor

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February 26, 2010

Lake Michigan College bans child-sex convicts

Other articles relevant to this issue: Indiana wants to trim cost of educating inmates (Note comment: Education reduces recidiviism) --- Some Question Why Sex Offender Still Can't Read (Note: Education affects sex offender therapy) --- Three State Recidivism Study (Note: The analysis of the data indicates that inmates who participated in education programs while incarcerated showed lower rates of recidivism after three years. For each state the three measures of recidivism, re-arrest, re-conviction and re-incarceration were significantly lower.)

2-26-2010 Michigan:

Those on sex-offender registry or on parole or probation for sex offenses against children can no longer take classes on campus

BENTON HARBOR - People convicted of sex crimes against children and listed on the state's sex offender registry will no longer be able to take classes on any of Lake Michigan College's four campuses, and three students have been suspended with the new rule.

The community college made the announcement Feb. 17 on its Facebook page after someone questioned the new policy.


Dana Marie Edwards posted this comment: "Why is LMC, an adult education facility, discriminating by denying education to students who happen to have a CSC on their record?" CSC stands for criminal sexual conduct.

In an unsigned response, LMC said: "In the best interest of those we serve, we've made the decision that students convicted of sexual offenses in regards to children will not be allowed to take classes on LMC campuses, but may take online classes."

School officials said the decision was made earlier this month after a prospective student tried signing up for winter semester classes at the Bertrand Crossing campus near Niles and informed school officials he was a registered sex offender and his victim had been a child. The age of sexual consent in Michigan is 16.

"(He) self-identified during that process that (he'd) been convicted of criminal sexual conduct against a minor," said college spokeswoman Laura Kraklau. "This brought to light that we could have other students enrolled who could have the same conviction on their record. So that's kind of what sparked it."

Kraklau said the prospective student wasn't allowed to register, and afterward three students were suspended between Feb. 11-15. She said the dean of students met with each student, "and that meeting is considered due process."

Kraklau said tuition money has been reimbursed. The winter registration period runs between October and Jan. 11. She said the rule change was made Feb. 7.

"There's not yet a (formal) policy regarding this issue," Kraklau said. "The college cabinet (upper-level college administrators) made a decision for the protection of children on the college's four sites to not allow convicted child sex offenders who are still on the sex offender registry and/or on probation or parole to be students on any of our four campus locations."

She said administrators used the "other prohibited misconduct" section of the student conduct code to enforce the new rule. That section states that either the assistant dean of college life or the executive dean of student services can, with the president's approval, stipulate other actions that can be considered misconduct.

Kraklau said school officials are calling the removal of the three students from LMC suspensions, which means they'll be allowed to take classes on-site once they're no longer required to register as sex offenders and are no longer on probation or parole. But because offenders are required to register for either 25 years or life under Michigan law, the suspensions are essentially expulsions.

Along with the Bertrand Crossing campus in Niles, LMC has campuses in Benton Harbor, Benton Township and South Haven. The ban does not include students on the registry who have been convicted of a sex crime against an adult.

Kraklau said child day care is provided at the South Haven and Benton Township campuses, but children also use the other campuses. As an example, she cited the Youth Robotics and Fabrication classes being offered at Bertrand Crossing. The classes began in January and are open to children as young as 5.

LMC declined to release the names of the suspended students, citing federal privacy laws. The Michigan sex offender registry lists 10 sex offenders attending LMC's various campuses. Of those, five committed a sex crime against a child. Kraklau said that of the five, only the three suspended were actually students enrolled at LMC. Using information from the registry, The Herald-Palladium could not reach the prospective student or the three suspended students for comment.

Officials with the U.S. Department of Education said they did not know if any other college or university bans people convicted of committing sex crimes against children. An official of a national association of college registrars and admissions officers also said he was not aware of any other such college policy.

It wasn't immediately known if LMC's rule change could make the college vulnerable to a lawsuit for possibly violating the three suspended students' civil rights.

But one lawyer said the college's rule is overly broad and could ban students who pose no threat to students or children.

Blanket policies a problem

Miriam Aukerman, a lawyer with Legal Aid of Western Michigan, based in Grand Rapids and with an office in St. Joseph, said she couldn't speak specifically about the cases of the three suspended students and the one prohibited from enrolling. But she said some potential students could be unfairly excluded from enrolling at LMC.

"What I would say is that seems to me to be a pretty shortsighted policy," she said. "Because if you're denying admission or expelling anybody who is on the registry, you're going to catch a lot of people. Clearly the intention here is to not have the individuals on campus who are potentially dangerous.

"But the registry is much, much broader than that. It includes people who are on for offenses that are 'Romeo and Juliet' offenses. And even if these are three individuals - I don't know anything about their circumstances - (whose) cases are not that, they're obviously precluding other individuals from attending who might be in that situation.

"There's also lots of people who are on the registry who adjudicated as juveniles," continued Aukerman, who helps offenders with obstacles in re-entering society, such as obtaining housing and work. "There are people on the registry who are on for offenses they committed when they were 9 years old.

"The sociological research shows that juvenile offending and 'Romeo and Juliet' offending is not predictive of subsequent sexual misconduct. It's very different from what we think about as the kind of predatory behavior that people are concerned about.

"And so the concern really is that what universities should be doing is making individualized decisions, looking at the specific circumstances of everybody's case and saying, 'Is this person a danger to the community? Is this person a threat to the safety on our campus?' And if someone is, then it seems a university can make an appropriate decision. But making blanket policies that deny education based on someone's registered status is lumping everyone together when these situations are very fact specific."

Not a college's job

Barmak Nassirian, associate executive director of the American Association of Collegiate Registrars and Admissions Officers, said determining who can and who can't attend college based on aspects of their criminal history can become a slippery slope. The AACRAO is a nonprofit Washington, D.C.-based organization that lobbies on behalf of higher education.

Nassirian said the ban could also be viewed as additional punishment for the convicted and not as a stop-gap safety measure. He said he's not aware of any other college or university banning sex offenders whose victim was a child.

"We tend to believe that the judicial system and the criminal justice system are the appropriate venues for working out who ought to have access to higher ed and who should not if it is a matter either of privilege or a matter of safety," Nassirian said.

"We don't think we in higher ed are qualified to conduct threat assessments on individuals, because, frankly, we're not qualified and we're not good at it. We think there are different professions that focus on different kinds of threats. We have law enforcement, and then the judicial system for people who may have criminal tendencies that may put others at risk. And we have the mental health infrastructure in this country as well as the public health infrastructure in this country to conduct threat assessments with regard to emotional, behavioral or medical issues.

"But it would be as silly for us to suddenly enact a ban on the basis of our medical judgments that people who sneeze should not be admitted to our school because, of course, they would be carrying the bird flu or the swine flu or whatever the next plague may be, as it is for us to get involved in other matters that we don't know about," Nassirian continued.

"We think we should do our job. We think we should assess people academically and reach out to them, and make sure that people who are academically qualified to benefit from education do so. We leave these other matters to other competent authorities and, you know, frankly, I think that's the way it ought to be." ..Source.. SHAWN McGRATH - H-P Staff Writer

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