Tag Archives: CLERY

ASUPD’s shoddy rape investigation costs ASU several million dollars.

This just further highlight’s ASUPD’s mistreatment of women. An old article, but worth mentioning:

A former Arizona State student claims that “ASU refused to authorize either a drug screen [or] rape kit for DNA analysis” and “obstructed and shut down the investigation” after she was drugged and sodomized at a Sigma Chi fraternity party. She claims campus police did not interview a single Sigma Chi member, blamed her for “having been forcibly sodomized,” and did it all “to make ASU appear safer than it was.”
   The woman claims that ASU police officers conducted a shoddy, halfhearted investigation to minimize the university’s liability. The woman sued the Arizona Board of Regents in Maricopa County Court, claiming the university violated Title IX by failing to fully investigate her claims.
She claims that ASU knew of “the risk of severe sexual harassment, including sexual assault, of female students at the Sigma Chi house on its campus,” but that ASU sought to use “pressure or policy to minimize sexual assault reports to make ASU appear safer than it was.”
The plaintiff, a former member of Pi Beta Phi sorority, says she went to a toga party thrown by members of Sigma Chi, where she was given alcohol. She was 19 at the time. At the party, she says, Matt Potter, a Sigma Chi member, gave her a drink “that had been spiked with a drug designed to incapacitate her and impair her memory.” She says her memory of the night was impaired by the drink, and that she woke up the next day at the Sigma Chi house with severe rectal pain, without her purse and some of her clothing.
She says two friends and the president of the ASU Panhellenic Council took her to Tempe St. Luke’s Hospital, where a sexual assault examination determined that she had been “sodomized with significant ‘anal injury’ with rectal and vaginal pain, bloody stool, and exposure to bodily fluids.”
She says that despite her injuries and a request from the emergency room physician, ASU police officers refused to authorize a rape kit, drug screen, or a SANE (Sexual Assault Nurse Examiner) examination. She says the officers blamed her for “having been forcibly sodomized.”
She claims that “the reason [ASU] Officer Janda would not conduct a proper investigation of [her] sodomy and sexual assault because she had consumed alcoholic beverages before the assault, was a pretext to minimize ASU’s liability.”
After she was released from the hospital, she says, her sister drove her to Tucson, where she was examined by a physician at Northwest Medical Center Hospital and was found to be a “crime victim” of “sexual assault.” By that time, she says, it was too late to perform a drug screen or rape kit.

ASU’s Office of Student Life, Judicial Affairs interviewed her once, and interviewed only one of her sorority sisters for its investigation, she says. “No Sigma Chi members were ever questioned,” and ASU closed the investigation less than 2 months after the rape, according to the 21-page complaint.”ASU has in recent years systematically and severely underreported sexual assault reports,” the complaint states. “For 2008, ASU reported and posted only four forcible sexual assault reports in its 2009 Annual Security Reports, despite, on information and belief, having received at least several dozen reports. On information and belief, the motivations of ASU police for refusing to investigate [the plaintiff’s] rape and sodomy included ASU’s pressure or policy to minimize sexual assault reports to make ASU appear safer than it was.”
ASU is required by the Clery Act “to report to the U.S. Department of Education, and to post publicly, all reports of sexual assaults made to campus police or its Judicial Affairs or other personnel,” according to the complaint. But ASU never reported her rape and sodomy in its Annual Security Report, she says. And she says the school took no action against Gallagher or Potter or Sigma

This lawsuit alone cause ASU several million dollars due to horrible policies and horrible policing. Yet this officer is still working at ASU and is allowed to train new officers?!

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Loopholes in Clery Act Reporting: How ASU can skew its crime statistics!

Lengthy but good read from publicintergrity.org, in regard to campus police department’s abilities to skew sexual assault data through Clery Act loopholes.

The Clery Act requires some 7,500 colleges and universities — nearly 4,000 of which are four-year public and private institutions — to disclose statistics about crime on or near their campuses in annual security reports.

Many provisions have evolved since the law passed 19 years ago, but what hasn’t changed is Clery’s requirement that schools poll a wide range of “campus security authorities” when gathering data. That designation includes a broad array of campus programs, departments, and centers, such as student health centers, women’s centers, and even counseling centers. The designation also applies to officials who supervise students — deans, coaches, housing directors, judicial affairs officers, to name a few.

In theory, those stipulations should make for comprehensive crime reporting.

But the data gathering isn’t always meticulous. In fact, a 2002 study funded by the U.S. Department of Justice found that “only 36.5 percent of schools reported crime statistics in a manner that was fully consistent with the Clery Act.” A Center examination of 10 years worth of complaints filed against institutions under Clery shows that the most common problem is that schools are not properly collecting data. Some submit only reports from law-enforcement officials. In August 2004, Yale University became the subject of a complaint after it was discovered to be doing just that. Five years later, the U.S. Department of Education has yet to finish its review; a department spokesperson declined to comment on the pending inquiry.

Other schools submit inaccurate sexual assault statistics — in some cases inadvertently; in others cases, intentionally. Nearly half of the 25 Clery complaint investigations conducted by the Education Department over the past decade determined that schools were omitting sexual offenses collected by some sources or failing to report them at all. In October 2007, the department fined LaSalle University, in Philadelphia, $110,000 for not reporting 28 crimes, including a small number of sexual assaults.

There’s also been misclassification of sexual assaults. Schools can wrongly categorize reports of acquaintance rape or fondling as “non-forcible” sexual offenses — a definition that should only apply to incest and statutory rape. Five of the 25 Clery audits found schools were miscoding forcible rapes as non-forcible instead. In June 2008, Eastern Michigan University agreed to pay the department $350,000 — the largest Clery fine ever — for a host of violations, including miscoding rapes.

Another limitation of the Clery Act: it counts only those crimes occurring on or near campuses, and in school-affiliated buildings like fraternity houses. The initial thinking behind this narrow geographic focus was that off-campus crimes would inevitably be documented by local police, experts say. But that means that Clery statistics don’t include such settings as off-campus apartments, where most campus-related rapes are believed to take place. Last year, Jacqui Pequignot, who heads the victim advocate program at Florida State, recorded just nine sexual offenses on or near campus, as compared to 48 off campus. Pequignot, who estimates that 36,000 of FSU’s 42,000 students live in apartments more than a block from the university, notes that critics often suspect misreporting whenever they don’t see huge numbers of campus sexual assaults. “But sometimes,” she says, “it’s really just about the fact that the numbers are greater off campus.”

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