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Posted on Thu, Feb 28, 2013 : 5:58 a.m.

New University of Michigan sexual misconduct policy leads to uptick in reported violations

By Kellie Woodhouse

Sexual assault and harassment reports comprise 12.5 percent of the 497 student code violations reported to the University of Michigan office of student conflict resolution last year.

The 62 reported violations involving students —38 reported sexual assaults and 24 sexual harassment incidents— in 2011-12 mark a significant uptick from previous years.

In 2010-11, there were a total of three alleged sexual harassment or assault violations reported, or less than 1 percent of the 537 reported Statement of Student Rights and Responsibilities violations that year. In 2009-10 there were four harassment and assault violations reported, in 2008-09 there were three and in 2007-08 there were three.

The increase in reported violations doesn't necessarily mean that more sexual assaults or harassment occurred on campus. Instead, officials say, it's primarily a reflection of new reporting policies implemented last year, which make sexual misconduct easier to report.

"[Reporting guidelines] changed so much that it really is hard to know whether there really was an uptick or not," said Rick Fitzgerald, a university spokesperson.

The U.S. Department of Education in 2011 urged schools to change how they respond to sexual misconduct allegations among students. U-M is in the process of establishing a new policy and, in the meantime, is using an interim procedure, which reviews all allegations of sexual misconduct by students. Previously the university utilized a complainant-driven approach.

"Anytime that we hear of an instance of sexual misconduct, we're obligated to investigate it, as opposed to letting the complainant guide that process," Fitzgerald explained. "The process gets more of these two [violations] reported and investigated and that's a good thing."

The interim procedure also uses a “preponderance of the evidence” standard to evaluate an allegation, where previously the university used a “clear and convincing evidence" standard.

“What we do have is a shift in the way in which the university responds to reported sexual misconduct violations that brings more of these matters to our attention and allows us to take action,” Jay Wilgus, director of the student conflict office, said in a release. “And this new approach offers the campus community greater accountability.”

Of the 38 sexual assault violations reported last year, six students were found responsible and seven students were cleared of wrongdoing. In 19 cases, officials didn't have enough information to move forward. Another case was found to involve a staff member and not a student. Five were referred to other entities.

Of the 24 reported sexual harassment violations, two students were found in violation of U-M's policy, five students were cleared and 13 cases were closed because there wasn't enough information. One involved a staff member and three other complaints were referred to separate entities.

Students found in violation of the Statement of Student Rights and Responsibilities are subject to various disciplinary procedures, including a formal reprimand, workshop attendance, probation, community service and suspension. The violations are separate from criminal charges.

Fitzgerald said the school's new sexual misconduct policy likely will be very similar to the interim policy.

Last year the school hired a program manager for sexual misconduct to help the office of student conflict resolution handle such violations.

According to the U-M Department of Public Safety's 2012 annual report, the university's Sexual Assault, Prevention and Awareness Center recorded 45 reported sexual assaults in 2009, 50 in 2010 and 45 in 2012. Those statistics include incidents reported on and off campus dealing with U-M affiliates. They do not include intimate partner violence.

Kellie Woodhouse covers higher education for AnnArbor.com. Reach her at kelliewoodhouse@annarbor.com or 734-623-4602 and follow her on twitter.

Comments

BhavanaJagat

Thu, Feb 28, 2013 : 6:35 p.m.

The need for spiritual relationships: The reporting of concerns about human relationships proves the existence of an underlying problem. People are given the tools to report problems like sexual harassment , sexual assault, or other forms of sexual misconduct. The reporting of a problem may not eliminate the cause of the problem. The real issue is that of people trying to formulate social relationships without the need for respect, trust, and commitment. As a society we are not demanding that social relationships are not acceptable if they have no foundation like shared feelings, and thoughts. People seem to be in a great hurry to interact with others without taking time to know them. In biology, the term 'biotic interactions' describes the nature of interactions among members of a biological community. Biotic interactions that generate the experience of peace, harmony, and tranquility could be named as spiritual interactions. Such interactions become easy by becoming aware of the principle called spirit/soul that establishes the existence of man when man is defined as an association of trillions of independent, individual, and autonomous cells.

rutrow

Thu, Feb 28, 2013 : 2:49 p.m.

Sexual assault and harassment awareness was virtually decades (or centuries) overdue when it materialized. However, now that it has thankfully arrived, delineations between offensive/obnoxious and threatening badly need to be thought out. This will be very hard, as this is a very complicated situation. But I fear much of our due diligence in bringing this to the fore has been invaded by a stowaway called Puritanism. Anti-sex prudes have found this goldmine to be a huge opportunity for ramming their chastity agenda down everyone's throats. It's the Procreation-Not-Recreation crowd that now senses victory in making this, at last, a touchless society. And that can only be bad. Research shows that such global isolation can lead to more anomie and more violence. Let's put this in perspective some decade, eh? The consequences may be unintended, but real.

GoNavy

Thu, Feb 28, 2013 : 1:37 p.m.

These "enhanced reporting guidelines" exist to serve one purpose: To increase allocated funding to groups and organizations whose stated purpose is to enhance "sexual assault awareness." Next year, we will be told that there was a 1,967% increase in reported sexual violations at the University. No context will be given as to these rule changes, which will themselves be swept under the rug. Massive funding allocations will follow to the administrative fiefdoms who stand to benefit from swollen budgets to address many of these "crimes." Reporting sexual assaults is no joke: Given the paucity of "convictions" (Including cases dropped due to a a "lack of information"), we should be more careful, not more liberal, with reporting. Such allegations, true or otherwise, can become permanent black spots on the records of students as they become young adults, and to what end? Let us make sure that we are serving the students of this University - both victims and those who are being made victims due to false allegations. Let us further ensure that we are not serving the "sexual assault awareness industry," whose goals do not appear to line up with the greater good of the University and its members.