Tag Archives: sexual harassment

May 04 2014
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General

Head of ASU’s HR, Kevin Salcido, failed to properly handle a complaint regarding inappropriate behavior by a faculty member…sound familiar?

This is a long article but definitely worth the read. It illustrates how the head of ASU’s HR, Kevin Salcido, has repeatedly been informed of issues among his faculty members (whether they are professors accused of sexual harassment, or a Police Chief accused of incompetence), and has repeatedly failed to take appropriate and timely action against university employees.

From abc15.com

The federal government confirmed Thursday that Arizona State University is under investigation for the possible mishandling of a report of sexual assault or harassment.

An ASU alum wants to trigger a second inquiry.

Jasmine Lester said she plans to file a Title IX complaint against the school sometime in the next few weeks.

“Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in all education
programs or activities that receive federal financial assistance,” according to a U.S. Department of Education news release.

ASU is one of dozens of schools nationwide with an active Title IX investigation involving sexual assault or harassment, the Thursday release said.

Lester said she will file her complaint because, among other reasons, a university administrator discouraged her from filing a sexual harassment complaint within the university system.

Lester said a professor flirted with her for more than a year, took her out for drinks, and created “sexual tension.”

“‘We’re talking about sexual harassment as more of a shove you up against the wall kind of thing,'” the school’s Title IX coordinator said, according to Lester.

After Lester persisted and filed a report, the school found no evidence of sexual harassment, Lester said.

She said parties with a stake in the investigation went on a smear campaign against her, another reason for the federal filing.

Multiple calls to ASU for comment were not returned. As such, details of Lester’s complaint with the school could not be confirmed.

 

What is interesting about this article is Jasmine Lester previously met with the head of ASU’s Human Resources department, Kevin Salcido (you can view the transcript of the discussion here). In this discussion, Jasmine and another individual mention to Salcido how some of Jasmine’s concerns regarding inappropriate behavior by a faculty member were brought to the attention of ASU officials, who waited three years to initiate any sort of response (Salcido responded,  “it’s unfortunate that it took a while for that to make it our way”).

Salcido also avoids answering direct questions about why the faculty member was allowed continue to lead  study abroad trips (where Jasmine’s incident occurred), or why it took so long to fire professors engaged in sexual relationships with students.  Salcido states that if he isn’t informed about such incidents, he can’t do anything about them (despite the fact Jasmine reported her incident to both faculty members and ASU administrators).

Salcido goes on to lecture Jasmine about how the rules of evidence [in a university investigation] aren’t the same as in a criminal court, but how she needs witnesses, emails, text messages, etc. Salcido also has the nerve to state that he is speaking both as an HR person and “also as someone who was, in a prior life, a police officer”.

The lack of an appropriate and timely response Jasmine experienced with Salcido is nearly identical to the response Salcido has given to the 10+ ASUPD employees who have spoken with him. Many current and former employees have come forward to speak with Salcido directly in regards to the on-going problems occurring at ASUPD (staffing, the FTO program, supervisors engaging in illegal and unethical behavior). He has stated on several occasions that he “can’t just fire half the police department”, despite being told (again, by multiple employees) many members of the Command and training staff were/are engaged in illegal/unethical behavior. Several employees who spoke to Salcido about this topic also witnessed the negative behavior first hand, or provided Salcido with the names, dates, and documents that would prove the merits of the accusations.

In regard to the slew of former employees ASUPD has left in its wake, Salcido has more or less stated the opinions and experiences of the people who have left the university aren’t relevant to what is currently transpiring within ASU, and speaking to them would be essentially pointless.

Much like his interactions with Jasmine Lester, Salcido’s pledge to “look into” ASUPD’s problems were completely useless. When the head of the Human Resources department at the largest university in the United States is incapable of removing problem employees from the university DESPITE witnesses and evidence…it makes one wonder how many other issues Salcido has failed to act appropriately on.

P.S. Mr. Salcido, you could never be a police officer, even in a prior life. Your deliberate indifference in the face of adversity illustrates your complete lack both compassion for others and a moral compass.

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May 01 2014
14 Comments
General

ASU faces a Federal investigation over complaints of mishandling sexual abuse cases

We initially wrote about how easy it was for ASUPD to skew its crime statistics in October 2013, just after ASUPD released its 2012 crime statistics (here and here).

In February 2014, we did a lengthy article explaining what the Clery Act is, the reporting requirements under the law, and how it is applicable to ASUPD. In March 2014, we followed up this article with a second part which analyzed ASUPD’s crime data and illustrated exactly how ASUPD misrepresented its crime statistics and violated the Clery Act. Shortly thereafter, we wrote an article explaining what Title IX is, and how ASU is also violating provisions of it.

After months of reporting about ASU has failed to meet the requirements of the Clery Act, as well as Title IX, a formal complaint has finally been filed against ASU. This complaint has now launched ASU into the national media spotlight (as well as ASUPD, for their role in under reporting/reclassifying of statistics).

Hopefully, the pressure of a looming Federal investigation is what will help ASUPD clean house, and get on track to establishing itself as a legitimate police department.

Stand by.

Here are a few articles on the situation at ASU:

http://www.abc15.com/news/region-southeast-valley/tempe/asu-among-schools-in-us-federal-sex-assault-investigation

http://www.cnn.com/2014/05/01/us/colleges-sex-complaint-investigations/index.html?hpt=hp_t1

http://www.azcentral.com/story/news/local/tempe/2014/05/01/arizona-state-universities-sex-assault-inquiry/8565811/

 

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Mar 18 2014
20 Comments
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ASU is non-compliant with the Clery Act and also Title IX!

Two major state universities in Michigan are currently under investigation by the Department of Education for alleged non-compliance with the Clery Act and also Title IX, according to a recent article from Campus Safety Magazine. The complaint states that both the University of Michigan, and Michigan State University failed to appropriately handle sexual abuse cases.

The complaints lodged against UM/MSU are very similiar to issues we raised in our recent article, ASU misrepresents its crime statistics, violates Clery Act (Part two).  Like UM/MSU, ASU failed appropriately handle several forcible sexual offenses.  ASU failed to report a sexual assault statistic in its 2013 Clery report, and in 2011, ASUPD failed to report at least seven sexual forcible sexual offenses.

We have previously discussed the requirements ASU must follow under the Clery Act (due to their status as a university which accepts federal financial aid), but we have yet to mention how ASU may also be in violation of Title IX. Title IX is a law passed in 1972 which requires gender equity for boys and girls in every educational program that receives federal funding. It is most commonly thought of in reference to college athletic programs, but it has a wide range of applicability, including sexual harassment and sexual violence.

According to an article on Title IX from Campus Safety Magazine:

  • Sexual violence is viewed under the law as an extreme form of hostile environment/sexual harassment and must be addressed. When an institution “knows or reasonably should know” about a hostile environment, they are required “to take immediate action to eliminate the harassment, prevent its recurrence and address its effects.” Institutions must adopt and publicize policies as well as designate at least one Title IX coordinator to respond to their obligations under the law.

In 2011, the Department of Education’s Office for Civil Rights began an initiative to require greater compliance for schools to adhere to Title IX, which included sending a letter to applicable institutions outlining the requirements. Under the requirements, ASU’s Title IX coordinator is required to communicate regularly with the school’s law enforcement unit investigating cases (ASUPD) and provide them with information regarding Title IX’s requirements. How can ASUPD refer cases to the Title IX coordinator when the department reclassifies or omits sexual offense cases from its Clery report? In addition to this, ASU’s Title IX coordinator has been accused of failing to investigate claims of sexual harassment, making the purpose of having a Title IX coordinator effectively useless.

By failing to comply with Title IX, ASU is at risk of losing its federal funding, and some cases may also be referred to the Department of Justice for litigation (this is in additional to the financial penalties the university may suffer from failing to comply with the Clery Act requirements). The student group Sun Devils Against Sexual Assault is currently in the process of filing a complaint with the Department of Education over ASU’s non-compliance with Title IX (which will hopefully incorporate ASUPD’s non-compliance with its Clery Act reporting.

 

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Dec 23 2013
63 Comments
General

The legal liabilities of ASUPD’s FTO program

Many comments have been made regarding the status of ASUPD’s FTO program–how it has been used as a tool to weed people out of the department, how different FTOs have different standards for each respective trainee–but none have discussed how poorly running an FTO program can have significant legal ramifications for ASUPD, as well as ASU.

The following excerpts were cited from J. Parkinson’s “The Cost of Inadequate Training“:

Title 42, U.S. Code, Section 1983 Claims states that all allegations of civil rights violations against the police are brought in Federal Court (Daane, D.M. and J.E. Hendricks, 1991).Section 1983 provides a remedy for the violation of an individual’s federally protected rights.

In order to file a Section 1983 claim, the plaintiff must show that the defendant acted under the color of state law, their conduct deprived the plaintiff of their rights secured by the Constitution, the training the officer received (regarding the injury suffered by the plaintiff) was inadequate, the inadequate training led to the injury, and there was deliberate indifference on the part of the municipality.  The Court ruled in Monell (1978) that a municipality could be sued if the plaintiff could prove the defendant violated their rights because the municipality failed to adequately train the defendant.  The Court ruled that liability for failure to train has to follow the strict standard of deliberate indifference.  The requirements to prove deliberate indifference include:  plaintiff must prove the municipality knew the officer would have to deal with the situation, there was training available that would have made the outcome of the situation different, and the municipality chose to not provide the officer with such training (McNamara, 2006).

Supervisors are also able to be held liable for an officer’s actions under Section 1983.  There are three elements, the court identified in Shaw v. Stroud (4th Cir. 1994), that must be present.  They are:

(1) that a supervisor had actual or constructive knowledge that his subordinate was engaged in conduct that posed ‘a pervasive and unreasonable risk’ of constitutional injury to citizens like the plaintiff; (2) that the supervisor’s response to that knowledge was so inadequate as to show ‘deliberate indifference to or tacit authorization of the alleged offensive practices,’ and (3) that there was an ‘affirmative causal link’ between the supervisor’s inaction and the particular injury suffered by the plaintiff.”

            It is not good enough to say a police department is properly trained, there has to be clear documentation that includes when the training was held, which officers attended, who was the instructor, and what material was covered (Dahlinger, 2001).  Documentation must be organized in a clear, concise manner so if an officer becomes a defendant in a failure to train lawsuit, or any other type, the training records can be submitted as evidence of training. Basically, if it is not documented, then it didn’t happen.   McNamara (2006, p.3) stated:  “Taking this proactive step will help reduce department liability by showing an ongoing commitment to proper training.”

  • Therefore, ASU’s piecemeal FTO program could cause the department to be held legally liable under U.S.C 1983 if they can articulate the officer was NOT adequately trained. Considering the fact that the FTO program has previously allowed FTOs and an FTO Supervisor to train rookie officers when they THEMSELVES were not certified to be field training officers, we believe this to be grounds for a pretty significant civil lawsuit against the department.
  • Additionally, an FTO Sergeant (ie, the “Supervisor” of the FTO program) could also be held legally liable by allowing non-certified FTOs to train rookies, and failing to intervene when there were allegations of wrongdoings by an FTO (ie, “tacit authorization of the alleged offensive practices”), Therefore, a certain FTO Sergeant who allowed several of her FTOs to terrorize a slew of rookies could be held legally liable in civil court.
  • Finally, as stated in this article, training records can be submitted as evidence of training…so what happens when those training records are altered from their original state to “prove” that a rookier officer isn’t qualified to pass field training? Beyond the possibility of a civil suit on behalf of a potential victim and the rookie themselves, this is a blatantly criminal act which has occurred several times at ASUPD.

The most disturbing part about the legal liability incurred as a result of ASUPD’s FTO program? Several members of Command staff, including the Chief have known about the situation at hand. Granted, these people have been removed from the FTO program, but they have all received NO punishment, and their actions have created a legal liability for the department that may linger for a long time.

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Dec 12 2013
13 Comments
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Are ASUPD’s problems morphing into a Penn State-sized scandal?

Before anyone asks, we are NOT asserting that Arizona State University has some sort of child sex abuse scandal in the making–ie, Pennsylvania State. We are just illustrating parallels between Penn State’s administrative nightmare (following the public revelation that the university admin KNEW what was going on, but did nothing), and Arizona State University’s current admin situation. This is an extremely long, but informative read.

In 2011, a HUGE child sex abuse scandal implicating (former) Penn State University assistant football coach Jerry Sandusky broke, and with it, there were several allegations the university had knowledge of the criminal acts in question and failed to act appropriately. For the purposes of this blog, we will be focusing specifically on the inappropriate or non-action on the part of Penn State University’s administration, and how these common denominators parallel the administrative problems currently transpiring at Arizona State University.

In 1998, an 11 year old victim told his mother he showered with Sandusky. The mother contacted Penn State University Police, and a subsequent investigation begins. Detectives in the case also discovered another victim in the case who has the same story as the initial victim. The case was closed after District Attorney Ray Gricar decided the case warranted no criminal charges. The investigating Detective tells the grand jury in this case that the head of PSUPD, told him to close the inquiry.

Prior to the Grand Jury investigation of the first victims’ allegations, in 2007, the then-vice president for student affairs, Vicky Triponey, resigned. She stated she had “philosophical differences with other leadership in student affairs and at the university in general“. Several weeks later, The Wall Street Journal reported that football coach Joe Paterno wanted to discipline his football players himself, effectively having his players not be subject to the student code of conduct. Paterno also threatened (former) Penn State University president Grahm Spanier that he wanted Triponey gone, and would stop fundraising for the school unless she was fired.

In 1999, Sandusky retires from PSU, but is still allowed access to campus facilities, including the locker room.

In 2002, an assistant coach, Mike McQueary, reported seeing Sandusky sexually assaulting a young boy to Paterno; Paterno subsequently reported the information to PSU athletic director, Tim Curley. 10 days later, McQueary, Curley, and Gary Schultz (PSU Vice-President of Finance, which oversees the management of PSUPD) meet to discuss the allegations. No reports are made to law enforcement, and Curley and Schultz instruct Sandusky not to bring any children from his charity to PSU’s football building. This decision was approved by PSU President Spanier.

In 2008, a Grand Jury investigation is initiated. In 2010, McQueary testifies that he reported what he believed to be sexual activity between Sandusky and a young boy, and the reactions of the university administration to the situation. Curley and Schutlz denied they were informed of a sexual assault, but stated they understood the situation as “horseplay”.

In 2011, Schutlz and Curley were found to not be credible by the Grand Jury.  Pennsylvania State Attorney General Kelly released a statement, saying, “…Those officials, to whom it was reported, did not report the incident to law enforcement or any child protective agency, and their inaction likely allowed a child predator to  continue to victimize children for many more years….If we are to enforce the law and protect our citizens, and in this case our children, we cannot condone under the law the actions of those who make false statements to a grand jury, regardless of the positions they hold, particularly when they involve serious matters of great importance.”

(In 2011, Spanier resigned as PSU President and later was formally charged with perjury, obstruction of justice and endangering the welfare of children; Both Schultz and Curley were later charged with perjury, child endangerment, obstruction of justice and conspiracy ).

After this scandal broke, in 2011 PSU was investigated by The Department of Education to assess the university’s compliance with crime reported as required by the Clery Act. If federal investigators determine PSU wasn’t following protocols, PSU could face severe financial sanctions. Although the initial results of the investigation were released to PSU, the findings have not yet become available to the public.

A subsequent investigation by former FBI Director Louis Freesh stated there were several points PSU officials could have stopped Sandusky’s abusive actions, and instead, did nothing. Freesh stated, “There were more red flags here than you could count over a long period of time”.

Parallels between PSU’s scandal and ASU’s plight

While not as horrific nor as publicized at the scandals at Penn State University, Arizona State University seems to have engaged in a similiar pattern of behavior that could send it down the same perverted path carved by PSU.

Alan Clark, ASUPD’s former Assistant Chief has had MULTIPLE sexual harassment complaints lodged against him by members of ASUPD, including an investigation conducted by DPS on Clark’s behavior. Instead of taking action to prevent Clark from further engaging in sexually harassing behavior, ASUPD Chief Pickens holds on to the results of the investigation for a year, then allows Clark to retire from his AC position for another position in the university. Clark STILL has access to the police department, much like Sandusky was allowed to have access to the very locker rooms at PSU where he perpetrated his crimes.

Multiple allegations of sexual harassment, sexual discrimination, records tampering, as well as hostile work environment claims committed by members of ASUPD (among others) were brought to the attention of either ASUPD command staff, and/or Chief Pickens, both in a formal and informal situation. It is so pervasive that these issues were addressed directly to Pickens at his employee Advisory Board. Even directly stating these specific issues to Pickens himself have resulted in NO ACTION; these allegations of wrongdoing have yet to be formally investigated by the department as of this writing.

In the situation at PSU, upper-level administrators were informed of the acts perpetrated by Sandusky, who elected to do nothing about the situation, as not to draw negative attention to the university. Similarly, several ASUPD employees and administrators have informed ASU’s Vice President of Finance, Morgan Olsen of the gravity of the situation that exists at ASUPD. Olsen’s eventual response (months after being informed) we postulate has little to do with caring about the concerns of his employees, and everything to do with the pressure Michael Crow, ASU’s President, has put on him to minimize negative attention to the university.

ASU’s Head of Human Resources Kevin Salcido was dispatched to investigate the merits of claims made against ASUPD by members of the department; however, it appears that Salcido has engaged in an “investigation” primarily to give the impression to those outside of the university that ASU is “taking care of the problem”. In reality, a full blown investigation would entail actually interviewing those who claim to be victims of systemic mistreatment at the hands of ASUPD. What this “investigation” has amounted to at this point is Salcido discussing some “issues” with upper-ranking members of ASUPD who have either no idea of the gravity of the situation, or know only one tiny iota of the problems the department is facing. Therefore, the seriousness with which Salcido’s office is handling this investigation has yet to be seen. Michael Crow has also been kept abreast of the situation at ASUPD by his people, but the degree to which he is informed is unknown.

Just like PSU, ASU’s upper-level administrators have been informed of the situation that is currently transpiring within ASUPD. However, here is where the stories of both Penn State and Arizona State are at a crossroads: will ASU go down the same path as PSU by letting the situation deteriorate further, only to feign ignorance when facing possible criminal charges? Or will ASU learn from the mistakes PSU made and decide to rectify the systemic failures of its police department, while there is still time?

We don’t know the answer to this question. The breadth of these problems go beyond what is happening at the PD level and are manifesting themselves into university wide problems; therefore, a significant and genuine undertaking by ASU’s administration must transpire, or else the issues discussed here will require the intervention of the state and federal government.

Sources:

http://online.wsj.com/news/articles/SB10001424052970204443404577052073672561402

http://deadspin.com/5861716/former-psu-administrator-joe-paterno-wanted-his-own-code-of-justice-for-players-including-what-info-became-public

http://www.huffingtonpost.com/2012/07/12/freeh-report-penn-state-coverup-joe-paterno-jerry-sandusky_n_1667727.html

http://news.psu.edu/story/281634/2013/07/15/administration/penn-state-receives-initial-clery-report

http://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline

http://www.attorneygeneral.gov/press.aspx?id=6277

http://investigations.nbcnews.com/_news/2012/11/01/14852918-former-penn-state-president-graham-spanier-charged-in-child-sex-abuse-scandal

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Dec 07 2013
4 Comments
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Michael Crow: We have issues but they’re not unmanagable!

In an recent editorial interview with The State Press, ASU President Michael Crow had some interesting words to say about the university’s crime problem.

After being asked about the negative image the student population is projecting of ASU as a whole (as a result of many violent attacks, rising crime stats almost across the board), Crow stated: “Look at our statistics…Yes, we have issues, but they are issues that are not unmanageable … (and) all students are held accountable.” REALLY!?

We looked at your crime statistics several months ago, and yes, they’re unmanageable. They became so when your PD became UNABLE to respond as the primary unit for the majority of its calls. Why are they unable to respond? They’re so short-staffed they can’t even work their own special events. Of course sir, you wouldn’t have the slightest notion of this assertion, because when someone from your office calls to report a “suspicious package” (ie, a BANANA!), Chief Pickens sends out the entire department to a NON-CRIME RELATED CALL.

As for holding your students accountable? We’re all for it. You should also hold your staff accountable, especially the ones that oversee the management of the police department. Hold those people accountable who have looked the other way when millions of dollars was thrown down the drain.

Ironically, the article winds down with Crow stating, “We have a number of behavioral issues in and around the University, and they’re complex things that we’re working on. We need as much help and ideas as possible to be able to create the safest environment that we can create.”

On this blog, we’ve laid out almost every issue that desperately needs attention at ASUPD, in hopes that someone would read it and secure a safer and better environments for students and staff alike. Having s0me of “your people” investigate the merits of our claims is a step in the right direction, however, the exigency of the situation is quickly overtaking your ability to control it.

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Dec 05 2013
4 Comments
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What causes woman-on-woman bullying in the workplace?

Came across this article from workplacebullying.org about woman-on-woman bullying in the workplace; we feel it is extremely relevant to our sisters in blue (past and present) who have suffered because of bullying from a female supervisor. It’s a long but good read.

Six explanations from us for why women bully other women at work.

Solidarity of the sisterhood is a myth and stereotype. It doesn’t mean it does not exist, it’s just that not all women are nurturant and supportive to one another. Neither is every man macho and hyper-aggressive. Stereotypes are generalizations about sex-role-typed behavior, common acts associated with only one gender and not the other. Many behaviors are gender-typed.

Workplace Bullying is not gender-typed. Workplace environment factors are better predictors than gender. For example, a culture that carries no accountability or negative consequences, regardless of how harmful the behavior exhibited paves the way for bullies. A place where kissing-up (ingratiation) is the norm is fertile territory, where bullying and favoritism (and its converse, ostracism) thrive.

When we discuss the WBI Healthy Workplace Bill, we speak of “status-blind” harassment. Bullying crosses the boundaries drawn by gender, race, ethnicity, age, and disability. Thus bullying is truly “gender-free.”

What attracts the media to woman-on-woman (WOW) bullying is the fact that women are targeted at a higher rate by female bullies (71%) than by male bullies (46%). Yes, women are crueler to women than they are to men, and that must be explained. But don’t forget that 60% of all bullies are men. 31% of all bullying is men-on-men, 29% is WOW. Why is there so little interest in the more frequent variety of same-gender bullying? Because it’s discounted as routine, expected, predictable. WOW sounds mysterious, counterintuitive, and, I think, somewhat prurient.

So here are some explanations for WOW bullying that rarely make it into TV segments on bullying, print stories and the gabfest which is the blogosphere. We offer this because some readers might get the impression that we are misogynists. We are not! 57% of all bullied targets are women, and the majority of callers seeking help from us are women. We are women’s advocates in the fight against workplace bullying.

The WBI  starter list of explanations

A. It’s the workplace, not the people in it. Employers create work environments where aggression is rewarded. women see this (as well if not better than men) and learn to abuse others to get ahead. It’s the way things are done around here.

In male-dominated organizations, where men hold all the executive positions, women tend to adopt male-sex-typed behavior to survive and succeed. Only in female-run organizations (or those run by males who adopt a female-sex-typed style that values quality of interpersonal relationships as much as power and status differences) can there be hope for a less aggressive, more dignified and respectful way to operate. See the Women and Bullying articles in our Research section for relevant studies about this particular angle.

B. A double standard about women is alive and well and practiced by both men and women. If women are “nice” they are too soft. If they are tough, they are “bitchy.” There are two social psychological explanations for this.

First, it is gender bias in the causal attribution process. Causal attribution is simply showing a preference for explaining things that happen. Old research found that if a person is described succeeding at a task, the explanation depends on whether the person described is male or female. Success for men is typically explained by a trait, inherent skill, intelligence, ability. With exactly the same information, when it’s a woman, success is the result of the task being so easy anyone could have done it or luck. And both men and women elect those different explanations.

Second, the first person to break any barrier and be the lone representative of a group (and therefore, be in the statistical minority) is called a “token.” Tokens are subjected to disproportionate pressure. Errors, however tiny, are magnified. Successes can also be blown out of proportion. In practice, token individuals often break from the pressure. Look at what Jackie Robinson had to endure when he broke the race barrier in the white baseball league. Same for the first woman CEO or the first woman to attain a high rank in any organization. Women are natural tokens in male-dominated domains, like business. Men are rarely the only male in any role, but when they are, they, too are tokens and heavily scrutinized.

C. Women targets are less likely to confront in response to being bullied. But targets, of both genders, rarely react with aggression. That’s what makes them targets. Bullies sense who will be an easier mark. Targets are sorted into those who take no action because of a higher moral calling. It could be their religion that tells them to turn the other cheek or to never lower oneself to the level of a tyrant. Other targets walk away in fear, stunned at the surprise attack. Getting away is the only reaction they have. Once away, they hope time will heal the wound or prevent it from happening again. Regardless of motive, targets do not defend themselves because either they are unable (it’s not their worldview and never acquired the skill of self-defense because it’s a fair world, no one will hurt you) or unwilling to do so. Targets are all “easy marks.” It’s not just women.

D. Most bullies are bosses (in the US, 72% of bullies are bosses). All bullies prefer to bully subordinates. It’s a permitted prerogative that makes being a boss attractive to many people. So, bullying flows downhill.

Women are bosses, too. But they are lower-ranking than men bosses (only 15% of executives are women, only 3% of CEOs). So they are more likely managing other women and not other men executives. They bully whoever they can. So, WOW may be nothing more than proximity at work. You bully those within reach.

E. Though I’m not a woman, I’ve had a great deal to do with them during my lifetime (and Ruth educates me constantly). (She says that) women are socialized to judge other girls while growing up. They pay attention to how others look and dress all the time. Self-identity can be almost entirely dependent on how others appear and how they are judged by others. Without comparisons to others, some would not know how to make decisions.

Two factors emerge. First, modeling one’s personal behavior on the actions of others gives a great deal of power to the other person. Clearly in WOW relationships where apparent friendship preceded bullying, the bully may have been respected by the future target. When she is betrayed, the target ruminates (for way too long) about the inexplicable turnaround, searching for a rational explanation. It doesn’t matter, it just happened because the bully wanted it to. Wanting to be like someone else gives away too much personal control over one’s own life and choices made.

Second, the skill of paying attention since childhood determines the adult woman’s perceptual field. Other women are salient in the social world. More information is gleaned from cultivating relationships with women. Abusive, exploitative relationships with one person dominating the other is simply a twisted, sick reliance upon getting information from another woman (to then be used against her). Targets fall into the trap easily.

F. Feminist writers claim that women grow up accustomed to having their personal boundaries invaded and thus learn to treat other women that same way. A girl’s opinions are treated as irrelevant by the father compared to her brother’s. A girl’s ambitions are tamped down, expectations made more “realistic,” dreams treated as impossible. This is denial of her very psychological integrity, a discounting of her humanity. If this is how she is raised, she grows accustomed to being treated rudely or denigrated as not deserving equal status with others. So, when bullied at work, the immediate reaction is rarely outrage and righteous indignation that a fool would dare lie so readily or be so unapologetically cruel. It is more likely a timid turing away, starting immediately to blame herself, buying into the lies (as if some “kernel of truth” is buried in all the manure), and spiraling into a psychologically compromised state.

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Dec 04 2013
3 Comments
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Campus Police: The Feds are watching

…according to an article courtesy of one of our readers, thanks! This article presents several interesting points which ASUPD should take note of.

Questions emerge from DOJ’s investigation into University of Montana police

The blistering findings, though not always supported with documentation, serve as a warning shot for all campus police: the feds are watching.

Shar

In May, the United States Department of Justice (DOJ), through the Special Litigation Section, released a public letter of findings in their investigation into the Office of Public Safety response to sexual assaults at the University of Montana. The DOJ looked at a three-year timeframe in which the campus police department allegedly inappropriately handled / investigated 30+ sexual crimes.

This appears to be the first time that the DOJ has conducted an investigation into a campus law enforcement agency. I also believe this is the first time that an agency of fewer than 20 officers has been thusly investigated.

With regard to the investigation, based on my review of the report and additional documentation, it is hard to determine the veracity of all the claims by the DOJ relating to sexually based crimes. But that’s not the only question mark.

Does the DOJ Have the Standing to Investigate?
The DOJ specifically conducted an investigation because the agency determined there was a pattern or practice of violating citizens’ Constitutional rights — that women were unfairly treated and discriminated against because of the failed investigations, practices, policies and procedures of the Department of Public Safety.

A question comes to mind. Is the federal government attempting to control and interfere with the rights of police officers to act in a professional manner, or are they attempting to increase police professionalism within higher education?

There is some discussion on that question now taking place among higher education law enforcement professionals.

While it should be the goal of every police department to run its operations based on the Constitution, it is apparent that not every agency is following those standards to the DOJ’s satisfaction — otherwise, we wouldn’t have DOJ investigations into local police agencies.

The fact is, DOJ has the power to civilly investigate organizations that have demonstrated a pattern and practice that violates the Constitution of the United States.

Furthermore, the May 9 letter to the university from Gary Jackson (DOE) and Anurima Bhargava (DOJ) specifically states that “[t]he (MOU) Agreement will serve as a blueprint for colleges, and universities throughout the country to protect students from sexual harassment and assault.”

To the lay person, this should serve notice that the federal government is coming after higher education law enforcement to ensure that they are conducting Constitutional policing, and not using any discriminatory practices. The DOE and DOJ are requiring remediation in regard to this civil investigation against the University of Montana, as well as the City of Missoula Police Department and the county.

Where did the University of Montana DPS Fall Short?
The Department of Public Safety (law enforcement) appeared in the report as completely incompetent when conducting investigations of sex-based crime — specifically when women are victims. But facts are sometimes not cited to back up the assertions.

Page 12 of the findings letter said, “We found that OPS response to reports of sexual assault is often marked by confusion, repetition, and poor investigative practices.” The DOJ does not provide examples to support their statement.

The DOJ also stated on page 11, “[w]omen who are intoxicated are at increased risk of sexual assault, and more than half of all non-stranger sexual assault involves alcohol use by the victim, assailant, or both.” This statement creates problems because it doesn’t present a way for the police department to address the alcohol factor.

The police department needs to patrol the campus community 24 hours a day, 365 days a year. Additionally, the department needs to conduct regular police business, calls for service, crime prevention, and order maintenance activities. Addressing alcohol consumption, especially if done by legal adults behind closed doors, might be beyond the call.

How Can Campus Cops Prepare?
Change is knocking at the door of higher education. To address the base issue of sexual assaults, one solution is to form collaborative partnerships with community services organizations who serve victims on the campus and in the community.

To stay out of the government crosshairs it is important to keep a proactive, professional, and well-trained police agency. Keep a watch on the DOJ website and review laws, policies, and procedures that protect both the citizens and employees of the schools. Keep accurate records.

Review the Police Executive Research Forum policy meeting on consent decrees. If your organization falls subject to a DOJ investigation, contact a litigation group that specializes in dealing with consent decrees and federal monitoring to help prepare for the inevitable.

What Does it All Mean?
The lessons for campus law enforcement are not easily parsed from this report. But one is that campus law enforcement officers need to keep up on training so that they can avoid claims of failure to train, much like federal lawsuits that can be filled as set forth by the precedents of Monell v. Department of Social Services (1978) and Canton v. Ohio (1989). If campus police officers are unaware of these two federal cases, it is clearly in incumbent on organizational leadership to make their officers aware of the principles and holdings of these cases.

The second implication may be more important. The federal government is watching, and will be more than likely conducting investigations into campus law enforcement. So these agencies need to keep up with best practices and data relating to crime that occurs on the campus.

To summarize: a university PD should properly train its officers to absolve the department from legal liability; failure to do so is the result of poor leadership. Also, the federal government is watching and will be investigating more campus PDs. Interesting…sounds like the DoJ would have a field day at ASUPD.

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Nov 05 2013
6 Comments
General

Yikes…ASUPD gets name dropped on thedirty.com.

….and no, it wasn’t us; someone emailed us and brought the link to our attention. Out of respect for the officer (who actually didn’t do anything wrong), we won’t post the link. Looks like some angry ex-girlfriend decided to make a post to put the entire department on blast. Ouch!

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Oct 29 2013
11 Comments
General, training issues

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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