4
Volume 128 Issue 117
Thursday, April 30, 2015
kansan.com
THE UNIVERSITY DAILY KANSAN
+
The student voice since 1904
WEEKEND EDITION
FOOD TRUCKS
KANSAN night
Student sanctions vary for the same sexual harassment policy violations
MIRANDA DAVIS EMMA LEGAULT @kansannews
Despite violating the same University policies against sexual harassment, student violators were given different punishments. Some were expelled, some were suspended and some were put on probation. Others were given warnings, told to take alcohol education classes or write reflection papers.
The punishments were included in copies of the 32 letters sent by the University to students who violated the sexual harassment policy between May 2012 and December 2014.
The University released copies of the letters to the Kansan after the newspaper hired a lawyer and requested the documents under the Kansas Open Records Act. However, the University redacted the letters heavily and would not provide information that could show whether the punishments were applied consistently. University lawyers said releasing more details would invade students' privacy.
In the letters, the University typically cited two different policy violations by the student violators: the sexual harassment policy and article 22(A) of the Code of Student Rights and Responsibilities. The letters describe article 22(A) as a violation against persons, which includes threatening the physical health, welfare and safety of another person, including acts of sexual assault.
However, in the full version of the student code that can be found on the University's website, sub-section (A) of article 22 doesn't exist. The rule cited in the letters closely matches article 19(A). University officials including Vice Provost Tammara Durham, Assistant Vice Provost Jane Tuttle and KU News Service Director Erinn Barcomb-Peterson declined to provide clarification on the policy.
The University redacted the specific sub-violation within the sexual harassment policy. The policy lists eight degrees of sexual harassment, from unwelcome efforts to develop a romantic or sexual relationship to sexual violence.
Also missing were details such as the gender of violators and the location or times of incidents, which is information the Kansan has asked for repeatedly.
In February, the University posted a list online of the punishments in the 32 cases, in response to a KORA request the paper filed.
The letters provide some additional information on those cases.
What isn't clear from the documents is why there is a difference in punishments for the same policy violations. Because the University redacted details of the cases, it appears these cases
have different punishments for the same violations.
Max Kautsch, the Kansan's lawyer, said because the University did not disclose other case facts, it's unclear if the violations and sanctions are fair in all cases.
The University may not have been obligated by law to disclose any more records than were in fact disclosed," Kautsch said. "Although those disclosures included reference to the student code sections that were allegedly violated in each case, they did not include the facts or allegations that led to the sanctions that were ultimately imposed. As such, it's very difficult to determine whether or not sanctions were imposed consistently, especially in instances where one student who appears to have committed the same violation as another was sanctioned differently."
The punishments for the 32 violators included eight expulsions, seven suspensions and 13 probations. Another two students were given educational sanctions and two were issued warnings.
Along with overall punishments, some student violators were given additional sanctions.
Ten of the violators were banned from housing and nine had to complete some type of alcohol course as part of the punishments levied by the University. Ten had to take a course with either the Emily Taylor Center or the Office of Institutional Opportunity and Access on sexual violence, healthy relationships and/or consent.
Differences also were evident among students who received the same general level of punishment. Of the eight students expelled, two were eligible for readmission to the University after a specified time period or when the victim leaves campus. The other six were not eligible for readmission, but there is no indication why within the non-redacted portions of the records.
The Kansan requested the records as part of its ongoing efforts to file Kansas Open Records Act requests to shed light on the process the University uses to adjudicate sexual assaults.
"Release of these documents would constitute a clearly unwarranted invasion of personal privacy and would discourage future victims and witnesses from reporting sexual assaults and cooperating with investigations," the letter from University lawyer Mike Leitch said.
In a letter with the release of the documents, the University said providing more information would compromise the identity of the students involved.
When asked for additional clarifications, Barcomb-Peterson said the letter represents the University's final response on the matter.
SANCTIONS FOR SEXUAL HARASSMENT VIOLATIONS
Edited by Casey Hutchins
CASE 1
BASE 1
Expelled, no readmission
Campus ban
CASE 2
Expelled, eligible for readmission in 2018 Campus ban during expulsion or until victim leaves
CASE 3
Expelled, no readmission Campus ban (5 years), violated drug and alcohol policy, offenses against orderly process of the University
CASE 4
Expelled, no readmission Campus ban (5 years)
CASE 5
Expelled, no readmission Campus ban (5 years), student allowed to finish semester, resolved by resolution agreement
CASE 6
Expelled, no readmission Campus ban (5 years)
CASE 7
Expelled, no readmission Campus ban (5 years)
CASE 8
Expelled, readmission after victim leaves Campus ban (5 years), or when victim leaves
CASE 9
Suspended, one year Campus ban during suspension, continued no contact order
CASE 10
CASE 10
Suspended, one year
Did not contest charges
CASE 11
Suspended, two years Campus ban (5 years). Resolved by voluntary agreement
CASE 12
12 Suspended, two years 1,000-word reflection paper
CASE 13 Suspended, two years Campus ban (5 years) no contact remains if student returns
CASE 14
CASE 13
CASE 14
Suspended, one year
1,000-word reflection letter
CASE 15
Suspended, one semester
Returning: two year probation,
monthly meetings
CASE 10 Probation, one semester Follow-up meetings
CASE 15
CASE 16
CASE 17
CASE 18
Probation, one year No contact order remains
CASE 19 Probation, one year Includes admission by student
17 Probation, one year No contact order remains
CASE 19
Probation, one year No contact order remains
CASE 20
EXPELLED 8
SUSPENDED 7
PROBATION 13
EDUCATION 2
WARNING 2
CASE 21
CASE 27
Probation, one year
No contact order remains, same
major (mentions seating ar-
angements and group projects)
CASE 22
Probation, one year Monthly meetings with hearing officer
CASE 23
Probation, one year This is from the student housing office, but was investigated by IOA. Found not responsible for an allegation of assault and battery.
CASE 24
Probation, 15 months
No contact order remains, 1,000-
word reflection essay, must
pay counseling expenses, must
attend David Lisak lecture
CASE 25
CASE 26
BASE 23
Probation, two years
Bi-weekly meetings, 30 hours
community service, no contact
order remains
CASE 20
Probation, two years
No contact order remains
CASE 27
CASE 27 Probation, seven months Required meetings
CASE 28
CASE 28
Probation, one semester
Banned from one residence hall for the rest of the semester
CASE 29
Education, community service Happened in housing, not banned, no contact abolished
CASE 30
CASE 30 Education Four page reflection paper, no contact order abolished
CASE 31
Warning
From April 3 to May 20 (when
respondent graduated)
CASE 31
CASE 32
DUESE 32
Warning, one year
No contact order still in place.
Student found not responsible for Person Offense, 22(A)(1)
VISIT KANSAN.
COM TO SEE
THE FULL
SPREADSHEET
REGARDING
THESE CASES
LAUREN MUTH/KANSAN
Westboro Baptist Church counter-protesters stand outside the Union on Wednesday. Even though Westboro was a no-show, the counter protest still took place.
Westboro ditches Brown Bag Drag Show protest
SKYLAR ROLSTAD
@SkyRolNews
Performers from Kansas City sang and danced at the show. The singers and dancers were men dressed as women or women dressed as men.
A drag show held by the University's Center for Sexuality and Gender Diversity in the Kansas Union Ballroom on Wednesday was almost disrupted by an anti-gay protest from the Westboro Baptist Church. The church, however, did not show up as scheduled.
"Everyone showing up is either showing solidarity for the LGBT community or
identifies with the LGBT community," said Roze Brooks, a graduate assistant who works with the Center for Sexuality and Gender Diversity.
Before the show began, however, students gathered in front of the Sabatini Multicultural Resource Center to counter-protest a scheduled Westboro Baptist Church picket of the event. The students held signs advocating for LGBT rights and criticizing the Westboro Baptist Church.
The Westboro Baptist
SEE WESTBORO PAGE 2A
FRANK WEIRICH/KANSAN
Old Senate turns duties over to new senators
Student Body Vice President Zach George calls Student Senate to order for the first time.
ALANA FLINN
@alana_finn
In the final Full Senate meeting of the year, the old senate turned over to the new Senate which will now begin their 2015-16 agenda.
As the now former Student Body President Morgan Said, Vice President Miranda Wagner and Chief-of-Staff Mitchell Cota signed off for the last
time, they left their parting wisdom upon the new Senate. "I wish the outgoing Senate the best of luck and thank you for investing this amount of work into the last year," Said said. "To the new Senate: good luck, fight the good fight and fight it every single day. You're always doing better than you think and I'm proud
OPINION 4A
A&F 5A
SEE SENATE PAGE 2A
CLASSIFIEDS 13A
DAILY DEBATE 7A
All contents, unless stated otherwise, $ \textcircled{c} $ 2015 The University Daily Kansan
To check out the Top of the Hill winners in the special section.
Today's Weather
Don't Forget
Sunny with a zero percent chance of rain Wind NE at 7 mph.
+