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THE UNIVERSITY DAILY KANSAN
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NEWS MANAGEMENT
Editor-in-chief Emma LeGault
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TUESDAY, SEPTEMBER 9, 2014
The University Daily Kansan (ISSN 0746-4967) is published daily during the school year except Friday, Saturday, Sunday, fall break, spring break and exams and weekly during the summer session excluding holidays. Annual subscriptions by mail are $250 plus tax. Send address changes to The University Daily Kansan, 2051A Dole Human Development Center, 1000 Sunnyside Avenue.
The University Daily Kansan is the student newspaper of the University of Kansas. The first copy is paid through the student activity fee. Additional copies of The Kansan are 50 cents. Subscriptions can be purchased at the Kansan business office, 2051A Dole Human Development Center, 1000 Sunnyside Avenue Lawrence, KS 66045
TUESDAY
HI: 92
LO: 75
T-storms with a 80 percent chance of rain. Wind S at 17 mph.
WEDNESDAY
HI: 74
LO: 52
FRIDAY HI:54 LO:40 Showers with a 60 percent chance of rain. Wind N at 12 mph.
T-storms with a 50 percent chance of rain. Wind NW at 15 mph.
THURSDAY
HI:67
LO:53
Partly cloudy with 10 percent chance of rain. Wind NNE at 11 mph.
Calendar
Tuesday, Sept. 9
What: Dealing With Stress
When: 9-11 a.m.
Where: Joseph R. Pearson Hall
About: A free Human Resources workshop open to the public.
Wednesday, Sept. 10
What: Study Abroad Fair
When: 10:30 a.m. to 3:30 p.m.
Where: Fourth Level, Kansas Union
About: Students can learn about worldwide study abroad opportunities.
Thursday, Sept. 11
What: Is This Real Life?
When: 5:30-7 p.m.
Where: Spencer Museum of Art
About: A KU Common Book Event.
Friday, Sept. 12
What: Monarch Watch Open House
When: 8 a.m. to 2 p.m.
Where: Foley Hall
About: An open house to celebrate the monarch butterflies arriving from the North.
IVORY FROM PAGE 1
what probation would entail — for six months, that he meet with IOA staff to discuss alcohol and consent and that he pay restitution to Ivory for any out-of-pocket therapy expense related to the case. The June 30 letter said the Director of Student Conduct and Community Standards, Nick Kehrwald, would be in touch to discuss IOA's recommendations.
On July 9, Kehrwald emailed Ivory saying he had received IOA's report and wanted to discuss the findings and recommendations with her.
Ivory responded to Kehrwald's email on July 15 with complaints about the IOA investigation: that "kissing and touching" while she was drunk is not as serious a charge as her alleged non-consensual oral sex, that the recommended sanctions were not serious, and that IOA had handled the case inattentively by sending letters to her parents' house after she requested to only be sent emails.
"I will always be proud to be a Jayhawk, but I am deeply disappointed in your department's clear lack of concern for the safety of other women on this campus by allowing [the respondent] to disappear into university life without poignant consequences for his actions," she wrote.
Kehrwald responded to her email on July 18 by saying Student Conduct and Community Standards is an office in Student Affairs and had not been involved in IOA's investigation.
"That is the sole responsibility of IOA," he wrote.
Ivory never brought those complaints directly to IOA.
She said she had wanted the respondent at least suspended for a semester. She was disappointed. But, moving forward, she assumed the respondent would have to pay for the out-of-pocket expenses for therapy. She set up an appointment with a recommended therapist in Lawrence who wasn't on her insurance plan.
Ivory emailed Kehrwald with the therapist's name, contact number and how much each session would cost. At the time, she thought that it was Kehrwald's job to enforce the sanctions that IOA recommended.
According to standard procedure, when an alleged violation of student conduct is reported, a conduct officer from Student Conduct and Community Standards reviews IOA's investigation and decides if a violation occurred and what sanctions should be enforced.
On the morning of Aug. 18, Ivory met with Kehrwald in his office.
Kehrwald concluded that the facts as documented did not support a violation of the University's sexual arassment policy, as later summarized in a Student Affairs notice dated Sept. 5. That notice addressed to Ivory says, "While you were incapacitated at the time of the incident there were not enough behavioral indicators to where the accused student knew or reasonably should have known of your incapacitation."
According to that document, IOA's report says that the respondent did not see Ivory drinking, that she was not slurring her speech, had no difficulty walking outside of the bar, that they made small talk in the car and that she showed no difficulties walking into the fraternity. It said that the first signs that Ivory was drunk are made by another witness that she was swaying, appeared glossed over and getting drunker as time passed "after the incident in question."
She said Kehrwald told her no sanctions would be imposed. Even though IOA's investigation had found the respondent had more likely than not engaged in non-consensual contact with her, she said she was told he would not be punished.
Barcomb-Peterson said Kehrwald, Student Conduct and Community Standards director, would not be able to comment on Ivory's case until after the hearing.
Ivory said Kehrwald asked if she wanted to see her full IOA investigative report then. According to Brooks, these reports contain any evidence collected, including witness interviews, IOA's analysis and the recommended sanctions.
to her.
Ivory said no, she wasn't ready to read the report in Kehrwald's office with him at that Aug. 18 meeting. She said Kehrwald asked if she wanted him to email it
Ivory said Kehrwald gave her one other option at the Aug. 18 meeting. If she wanted, she could appeal his decision to a three-person panel. She said she has never requested or agreed to such a hearing.
She was emotionally exhausted. She had hoped the respondent would be punished by the University. IOA had concluded that he committed a violation, and now she was being told by Student Conduct and Community Standards that he had not. She didn't want to appeal. She wanted to go home.
"The last thing I wanted to do was to continue with the University," she said.
--could take."
"They didn't care until now. How little they care is just becoming so apparent."
IVORY Sophomore
After reading about the light sanctions proposed by an appeals panel in another student's rape case reported in the Huffington Post on Sept. 2, she said she's glad she didn't appeal.
"Apparently the people on the panel think that community service is too punitive, so what do you think they would have told me?" she said. "That guy admitted that he raped that girl. What do you think they would have told me?"
She said she thanked Kehrwald for his time, left his office without asking further questions, lay in bed and cried. She said no one followed up with her and Kehrwald never sent her the formal report, despite his offer to do so.
"That meeting killed an investigation of sexual assault and killed a sanction for sexual assault that was supposed to happen," she said. "And they didn't even bother to put it in writing and send it to me or give me if I needed anything or give me a list of steps that I
She found a therapist in her insurance plan instead. She thought that was the end of the University's action.
At 9:32 a.m. on Sept. 5, Ivory sent an email to Jennifer Brooks asking for a copy of the IOA investigative report that Kehrwald did not send her. While she said she wasn't emotionally ready to read it herself, she agreed to give it to The Kansan.
At 9:53 a.m. on Sept. 5, she got an email from someone new.
Joshua Jones, the Student Conduct and Community Standards coordinator who works under Kehrwald, wrote to Ivory that a Formal Hearing Panel of her case had been scheduled for Friday, Sept. 19. A panel of three — a School of Education administrator, an officer manager in the School of Engineering and a student — is scheduled to decide if the Code of Student Rights and Responsibilities was violated and if sanctions, including possible suspension or expulsion, are warranted.
Jones' email says the hearing was scheduled under section VI.C.3 of the Student Non-Academic Conduct Procedures. Section VI.C.3 says an accused student will meet before a Formal Hearing Panel when expulsion or suspension is a likely sanction, and that accused student disputes facts. Ivory said Kehrwald's decision was that the respondent faced no sanctions. IOA's recommended sanctions never included expulsion or suspension.
Tammara Durham, vice provost for Student Affairs, wrote in an email statement, "When a case involves sexual assault, if a complaining party requests that the respondent student be suspended or expelled, Student Affairs will take the matter to a Formal Hearing Panel."
Barcomb-Peterson said Joshua Jones would not be able to comment on Ivory's case until after the scheduled hearing.
Ivory said she doesn't want this hearing to happen. She
said she was not asked if she wanted the hearing to happen. She and the respondent have the right to attend and participate.
"I can't," she said. "I can't do it. I can't be in the room with him again and have to talk about this all over again in front of complete strangers."
She has a class when the hearing is scheduled. Jones' email acknowledges this but says the chosen time is the earliest possible date given the availability of the hearing panel. Durham wrote in a statement that Student Affairs works with students to secure an excused absence and "ensure the student is able to obtain information from the missed class session so that the student is not prejudiced by the scheduling of the hearing."
The formal hearing notice uses phrasing such as "your consumption of alcohol (tequila)," "while at The layhawk Café ('The Hawk')", and "displayed unusual behavior" in recounting the grounds for IOA's conclusion that Ivory was incapacitated.
Jones' email says that he will be bringing the case to the hearing panel on her behalf so Ivory is not required to attend the hearing. She hasn't decided if she will.
Ivory decided to speak out to start a conversation and get University policy and the structure of Student Conduct and Community Standards changed. She said the Huffington Post report and the scrutiny that the University's sexual assault policies have come under since made her realize she isn't alone in being unhappy with how her sexual assault complaint was handled.
"They didn't care until now," she said. "How little they care is just becoming so apparent."
edited by Emma LeGault and Amelia Arvesen
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