When does a Title IX investigation constitute an IA?

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HipsterTrash

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Hi all,

This is obviously a very sensitive issue, but I will try to be concise. I am aware of an ex-friend who has sexually assaulted several (at least 3, but I would estimate a total of 7) people who were unconscious around him over the years. It began in high school; he is ashamed and has tried to change his ways in the past but is apparently unable to do so. He is beginning the process of applying to medical school, and I am deeply concerned for any patients who will ever be unconscious around him. None of his victims have wanted to purse Title IX investigations or criminal charges, so there is no existing paper trail that I am aware of.

I have grave reservations about his candidacy and want medical schools to be aware of this long-running issue of his in some way before they admit him. The only way to do that appears to have an IA on his record. I've never had any disciplinary issues and am frankly going through a crash course learning about this stuff. I don't really care about getting him suspended or expelled from undergrad, but how far must a Title IX investigation proceed before an applicant would have to inform medical schools about it? I know a number of people who I miiiiiight be able to talk into providing an official testimony saying he assaulted them, but everybody kind of wants to not deal with this and pretend the guy doesn't exist so I'm really looking for the minimum amount of testimony needed for an IA. Would getting a 'probation' outcome rather than a suspension/expulsion be something an applicant would need to disclose?

Moreover, is my assumption correct that a whiff of sexual misconduct related discipline on an application would pretty much kill his chances? He is extremely charming (aren't they all?) and I'm sure he could come up with some weird creative story to explain away almost anything, especially if his life dream of becoming a doctor is on the line.
 
Hi all,

This is obviously a very sensitive issue, but I will try to be concise. I am aware of an ex-friend who has sexually assaulted several (at least 3, but I would estimate a total of 7) people who were unconscious around him over the years. It began in high school; he is ashamed and has tried to change his ways in the past but is apparently unable to do so. He is beginning the process of applying to medical school, and I am deeply concerned for any patients who will ever be unconscious around him. None of his victims have wanted to purse Title IX investigations or criminal charges, so there is no existing paper trail that I am aware of.

I have grave reservations about his candidacy and want medical schools to be aware of this long-running issue of his in some way before they admit him. The only way to do that appears to have an IA on his record. I've never had any disciplinary issues and am frankly going through a crash course learning about this stuff. I don't really care about getting him suspended or expelled from undergrad, but how far must a Title IX investigation proceed before an applicant would have to inform medical schools about it? I know a number of people who I miiiiiight be able to talk into providing an official testimony saying he assaulted them, but everybody kind of wants to not deal with this and pretend the guy doesn't exist so I'm really looking for the minimum amount of testimony needed for an IA. Would getting a 'probation' outcome rather than a suspension/expulsion be something an applicant would need to disclose?

Moreover, is my assumption correct that a whiff of sexual misconduct related discipline on an application would pretty much kill his chances? He is extremely charming (aren't they all?) and I'm sure he could come up with some weird creative story to explain away almost anything, especially if his life dream of becoming a doctor is on the line.
You could always email admissions deans anonymously. Many schools also have anonymous reporting of known misconduct, which can then be further investigated. Unfortunately, we live in a world where Titke IX doesn't really have teeth if the victims don't present testimony AND have evidence.
 
You could always email admissions deans anonymously. Many schools also have anonymous reporting of known misconduct, which can then be further investigated. Unfortunately, we live in a world where Titke IX doesn't really have teeth if the victims don't present testimony AND have evidence.

I remember when people used to believe in innocent until proven guilty rather than the other way around. 😉
 
I agree with both of you that sexual assault is awful and that due process is important, and I'm not trying to start a debate about either of those things. I'm asking 1) at what point does a Title IX investigation become an institutional action that must be reported on applications, and 2) is an institutional action relating to sexual assault the death knell for an application?
 
I agree with both of you that sexual assault is awful and that due process is important, and I'm not trying to start a debate about either of those things. I'm asking 1) at what point does a Title IX investigation become an institutional action that must be reported on applications, and 2) is an institutional action relating to sexual assault the death knell for an application?
1) no idea
2) you would be surprised at how few of things are TRULY death knells... probably depends on how the IA is framed by the school. The student would likely hire a lawyer and the results of that proceeding would likely determine how destructive the IA would be to his chances. I have a classmate who literally had been probed for months due to 7 Title IX complaints against him, and to my knowledge his lawyer has completely kept all records of the proceedings off of anything permanent for him.
 
You could always email admissions deans anonymously. Many schools also have anonymous reporting of known misconduct, which can then be further investigated. Unfortunately, we live in a world where Titke IX doesn't really have teeth if the victims don't present testimony AND have evidence.
An anonymous report to admissions committees is very troubling! This empowers grudge-holders to inflict incalculable damage from the shadows, with no determination of the truth of the matter. Even whistle-blowing typically results in an investigation, not precipitous action. Basic notions of fairness under law -- due process, confrontation of adverse witnesses, etc. -- are offended by secret accusations such as this.
 
I remember when I didn't have friends suffering from PTSD due to a sexual assault.

I feel for your friends and I want them to get justice. I believe firmly in throwing the book at sex offenders of all stripes (be it harassment, assault, rape, or child molestation) and giving them incredibly harsh sentences/punishments.

Having said that, you have to give people due process. These are serious charges and it is necessary that they be proven before we punish someone.
 
I feel for your friends and I want them to get justice. I believe firmly in throwing the book at sex offenders of all stripes (be it harassment, assault, rape, or child molestation) and giving them incredibly harsh sentences/punishments.

Having said that, you have to give people due process. These are serious charges and it is necessary that they be proven before we punish someone.
Absolutely agreed. However, it's difficult to use traditional evidence with rape and other sexual assaults because there's no traditional "murder weapon." Instead, we are going to have to start realizing that it's very necessary to believe victims rather than continuously question their testimonies. Sorry for sounding a bit forward - I just find it incredibly unlikely that there are people out there that would seriously levy a false claim of sexual assault against someone got nothing more than a grudge. Of course, a belief like that means I also believe in jail for life for people who propogate that kind of slander.

I don't want to hijack the thread, so my apologies. OP, good luck and I hope justice will be found.
 
Absolutely agreed. However, it's difficult to use traditional evidence with rape and other sexual assaults because there's no traditional "murder weapon." Instead, we are going to have to start realizing that it's very necessary to believe victims rather than continuously question their testimonies. Sorry for sounding a bit forward - I just find it incredibly unlikely that there are people out there that would seriously levy a false claim of sexual assault against someone got nothing more than a grudge. Of course, a belief like that means I also believe in jail for life for people who propogate that kind of slander.

I don't want to hijack the thread, so my apologies. OP, good luck and I hope justice will be found.
Then you are grossly misinformed. The whole article that started this sexual assault on college campuses thing in Rolling Stone was disproved. If people are willing to lie on a national stage, what do you think stops people from lying on a regular basis?
 
Then you are grossly misinformed. The whole article that started this sexual assault on college campuses thing in Rolling Stone was disproved. If people are willing to lie on a national stage, what do you think stops people from lying on a regular basis?
Just a small distinction here--the claims in the Rolling Stone article were found not able to be proven, which is not the same thing as disproved, or proven to be false. They may or may not have happened, and we'll never know.

The fact that sexual assault claims are extremely difficult to prove does make them especially complicated. There is often little to no physical evidence, and ultimately almost all of these claims come down to a he said/she said dispute, since the issue of whether or not both parties consented is usually not witnessed by third parties. It's important to consider the implications from both sides, though, because it is wrong to punish the innocent, but it also wrong to allow the guilty to freely attack their victims simply because there's no physical evidence, even if there's a wealth of eyewitness testimony.

That shouldn't distract from the point of this thread, though, which is about a person who is known to have assaulted multiple unconscious victims. To OP, I think you should do whatever is in your power to convince these victims to report to the school, even anonymously. That should at least prompt an investigation, which will hopefully uncover the truth.
 
It sounds like this ex-friend belongs in prison, not medical school.

If none of the victims are willing to come forward, an anonymous note to the schools that accept him is probably your only option. That might potentially open you up to legal risks though...

EDIT:

Also this note should be more as an FYI to the school that they need to be careful and he should receive extra supervision around vulnerable patients, not an outright recommendation that they cancel his acceptance or expel him. Patient care and safety should be the focus, since it is both true and less likely to seem like a vendetta that way.
 
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Merely being investigated isn't an IA.

One has to have the record of some transgression on transcripts for med schools to act upon this.

Admissions deans will ignore anonymous letters.

Unfortunately, all it takes for evil to triumph is for good men and women to remain silent, so until the guy's victims make complaints and get a sexual assault charge to stick, the ex-friend is as of right now untouchable.
 
Thanks for the advice. I'm not entirely sure what all the possible outcomes of a Title IX investigation are (I'm talking to the Title IX office at our school on Friday this week), but an administrator who is basically a confidential advising resource to students on matters of sexual harassment and assault told me that I'd definitely be able to at least get the guy put on probation on the basis of my testimony that he started masturbating in front of me sophomore year while we were studying orgo together (what can I say, he's a ****ing creep through and through). I haven't dug through my old text messages from two years ago to see exactly what I have, but it's likely that I would be able to find texts to my friends that at least hint at the event. Would a probation go on his transcript? Or is anything less than suspension irrelevant to applications?

He never touched me though, so obviously my testimony isn't nearly as horrifying as others'. Again, I want to emphasize that I'm not especially concerned about punishing him in any way but care about reducing the harm he is able to do in the future. His problems have always arisen when people wake up and he's at least faced social consequences; having access to lots of people who aren't going to wake up no matter what he does to them seems like the worst possible situation to put this guy in.
 
Thanks for the advice. I'm not entirely sure what all the possible outcomes of a Title IX investigation are (I'm talking to the Title IX office at our school on Friday this week), but an administrator who is basically a confidential advising resource to students on matters of sexual harassment and assault told me that I'd definitely be able to at least get the guy put on probation on the basis of my testimony that he started masturbating in front of me sophomore year while we were studying orgo together (what can I say, he's a ****ing creep through and through). I haven't dug through my old text messages from two years ago to see exactly what I have, but it's likely that I would be able to find texts to my friends that at least hint at the event. Would a probation go on his transcript? Or is anything less than suspension irrelevant to applications?

He never touched me though, so obviously my testimony isn't nearly as horrifying as others'. Again, I want to emphasize that I'm not especially concerned about punishing him in any way but care about reducing the harm he is able to do in the future. His problems have always arisen when people wake up and he's at least faced social consequences; having access to lots of people who aren't going to wake up no matter what he does to them seems like the worst possible situation to put this guy in.
Yeah this is a person that has no business being in medical school or becoming a physician. You’re a victim in this case as well and his behavior is beyond inappropriate (it’s criminal). I would absolutely encourage you to report him and to try to get friends to as well.

I’m so sorry that you had to go through that. Sexual misconduct is awful and damaging under any circumstances, even if you weren’t physically assaulted.
 
Then you are grossly misinformed. The whole article that started this sexual assault on college campuses thing in Rolling Stone was disproved. If people are willing to lie on a national stage, what do you think stops people from lying on a regular basis?
I don't want to derail the thread, but...yeah you're absolutely wrong in implying that individuals regularly lie in cases of sexual violence or rape. I really feel the need to make this clear.

Here's the rate at which these studies found "false reports":
  • 2.1% (Heenan & Murray, 2006)

  • 2.5% (Kelly et al., 2005)

  • 3.0% (McCahill et al., 1979)

  • 5.9% (Lisak et al., 2010)

  • 6.8% (Lonsway & Archambault, 2008)

  • 8.3% (Grace et al., 1992)

  • 10.3% (Clark & Lewis, 1977)

  • 10.9% (Harris & Grace, 1999)
The data are complex and the different values correspond to different methods of scrutiny of police reports: "It is notable that in general the greater the scrutiny applied to police classifications, the lower the rate of false reporting detected. Cumulatively, these findings contradict the still widely promulgated stereotype that false rape allegations are a common occurrence" (Lisak et al., 2010).

I'll stop by simply saying that it is a myth, a falsehood in every way, that individuals regularly falsely accuse others of rape. In fact, the exact opposite is true: almost all studies show that individuals truthfully speak (when they do, that is; many times, they don't) about their experiences with sexual assault anywhere from 95-99% of the time.
 
Thanks for the advice. I'm not entirely sure what all the possible outcomes of a Title IX investigation are (I'm talking to the Title IX office at our school on Friday this week), but an administrator who is basically a confidential advising resource to students on matters of sexual harassment and assault told me that I'd definitely be able to at least get the guy put on probation on the basis of my testimony that he started masturbating in front of me sophomore year while we were studying orgo together (what can I say, he's a ****ing creep through and through). I haven't dug through my old text messages from two years ago to see exactly what I have, but it's likely that I would be able to find texts to my friends that at least hint at the event. Would a probation go on his transcript? Or is anything less than suspension irrelevant to applications?

He never touched me though, so obviously my testimony isn't nearly as horrifying as others'. Again, I want to emphasize that I'm not especially concerned about punishing him in any way but care about reducing the harm he is able to do in the future. His problems have always arisen when people wake up and he's at least faced social consequences; having access to lots of people who aren't going to wake up no matter what he does to them seems like the worst possible situation to put this guy in.

I wish that you had mentioned this in your OP. If true, this changes the story to what might be criminal behavior (depending upon the laws of your state) and at a minimum, sexual harassment. I hope that you can get others to step forward, and have some other data to back up the story, lest it fall into the "he said, she said" category.

Again, if some official sanction can get onto his record, then his medical career is over.
 
I wish that you had mentioned this in your OP. If true, this changes the story to what might be criminal behavior (depending upon the laws of your state) and at a minimum, sexual harassment. I hope that you can get others to step forward, and have some other data to back up the story, lest it fall into the "he said, she said" category.

Again, if some official sanction can get onto his record, then his medical career is over.

Isn't there a cruise ship somewhere around St. Kitts for people in situations such as these?
 
Yeah this is a person that has no business being in medical school or becoming a physician.

Yes, I absolutely agree and that's why I'm concerned about exactly what level of reporting needs to be done to keep him out of med school. If he wanted to be an accountant, I would never bother with any of this; I'm motivated specifically by concern for future patients who will be sedated in his presence.

Again, if some official sanction can get onto his record, then his medical career is over.

What exactly qualifies as an official sanction? Does probation as a result of a Title IX case constitute an IA, or is anything less than a suspension not going to make an admissions committee blink? Before I go about trying to convince my friends to open up some old wounds, I want to know what my goal with a Title IX investigation would need to be.

Isn't there a cruise ship somewhere around St. Kitts for people in situations such as these?

I don't know what this is referring to, but is it even worth it to make any official complaints then? Once (if) this guy gets notified of any case against him, it seems reasonable to expect that he'd be willing to pull all the stops. Does a lawyer and the right gap year make anything slide off your back?
 
I don't want to derail the thread, but...yeah you're absolutely wrong in implying that individuals regularly lie in cases of sexual violence or rape. I really feel the need to make this clear.

Here's the rate at which these studies found "false reports":
  • 2.1% (Heenan & Murray, 2006)

  • 2.5% (Kelly et al., 2005)

  • 3.0% (McCahill et al., 1979)

  • 5.9% (Lisak et al., 2010)

  • 6.8% (Lonsway & Archambault, 2008)

  • 8.3% (Grace et al., 1992)

  • 10.3% (Clark & Lewis, 1977)

  • 10.9% (Harris & Grace, 1999)
The data are complex and the different values correspond to different methods of scrutiny of police reports: "It is notable that in general the greater the scrutiny applied to police classifications, the lower the rate of false reporting detected. Cumulatively, these findings contradict the still widely promulgated stereotype that false rape allegations are a common occurrence" (Lisak et al., 2010).

I'll stop by simply saying that it is a myth, a falsehood in every way, that individuals regularly falsely accuse others of rape. In fact, the exact opposite is true: almost all studies show that individuals truthfully speak (when they do, that is; many times, they don't) about their experiences with sexual assault anywhere from 95-99% of the time.
Indeed the data is complex, and there are lots of complicating factors on both sides.

However, 1-5% (not sure why you stopped there when the studies you listed exceeded 10% in some cases) is a non-negligible percentage of the time. I’m not willing to risk anyone’s career or freedom over a 1-5% (or higher) percent chance that I’m wrong. And neither is the criminal justice system; it’s founded on the principle that it is better to let 100 guilty men walk free than imprison 1 innocent man. That is the reason I have a reason with the fundamental concept of Title IX investigations.
 
Indeed the data is complex, and there are lots of complicating factors on both sides.

However, 1-5% (not sure why you stopped there when the studies you listed exceeded 10% in some cases) is a non-negligible percentage of the time. I’m not willing to risk anyone’s career or freedom over a 1-5% (or higher) percent chance that I’m wrong. And neither is the criminal justice system; it’s founded on the principle that it is better to let 100 guilty men walk free than imprison 1 innocent man. That is the reason I have a reason with the fundamental concept of Title IX investigations.
Don’t want to derail this thread, but I can’t just let this comment go unchallenged.

First of all, it’s worth noting that other crimes have similar rates of misconvinctions and of lying witnesses, but in those cases the fraudulent reports aren’t used as reasons why we shouldn’t bother prosecuting criminals in the first place. Our justice system isn’t perfect, but it is meant to serve both the accused AND the victims.

Second, people seem to so often bring up the ruined careers and limited freedoms of the accused in these cases, but frequently ignore the ruined careers and literal impingements on freedoms of the victims. I know way too many young women who’ve had to leave jobs or drop out of school after being raped, and almost none of their rapists faced any form of justice.

And third, being against innocent people being punished is one thing, but how on earth can you justify being against INVESTIGATIONS!? If there’s a suspected crime (or in the case of college campus assaults, usually suspected rule breaking) they should absolutely investigate.
 
First of all, it’s worth noting that other crimes have similar rates of misconvinctions and of lying witnesses, but in those cases the fraudulent reports aren’t used as reasons why we shouldn’t bother prosecuting criminals in the first place. Our justice system isn’t perfect, but it is meant to serve both the accused AND the victims.
There is a fundamental difference between conviction of the wrong person and whether a crime happened in the first place. I can guarantee you there is not a 5% rate of false accusations of battery/theft/fraud whatever other crime other than rape/sexual assault, for the very reason that makes sexual assaults a nuanced issue- lack of evidence. If you’re trying to report a battery, you’re going to have physical injuries. If you’re trying to report a theft, something is missing.
And third, being against innocent people being punished is one thing, but how on earth can you justify being against INVESTIGATIONS!? If there’s a suspected crime (or in the case of college campus assaults, usually suspected rule breaking) they should absolutely investigate.
Because one thing (title IX investigations) have a propensity to lead to the other (innocent people being charged). The justice system, administered by the government, sets a fairly high standard for convicting a person, weighing the rights of the accused versus the victim. Title IX often has no true due process, a lowered standard of proof, and is underpowered to perform the sort of investigations that they do. Yet, the government is effectively mandating through intractable associations (through withholding of funds if they find non-compliance of title IX) an investigation that wouldn’t pass muster in a court of law.

It is why I believe that investigations of criminal activity should be left to the criminal justice system; if a court finds you guilty, feel free to impose whatever sanctions you want. If not, then a standard of proof hasn’t been met and the college shouldn’t be able to take action.
 
Hi guys, I'm glad you feel passionately about these really important issues. Multiple people have said they don't want to derail this thread, but I think that's starting to happen. I started this thread to ask for advice about a particular person and I'd really appreciate anything you have to say about that situation, but I think it might be more effective to start a separate thread to talk about Title IX at large. That's an important conversation, but it's also not the conversation I started.
 
There is a fundamental difference between conviction of the wrong person and whether a crime happened in the first place. I can guarantee you there is not a 5% rate of false accusations of battery/theft/fraud whatever other crime other than rape/sexual assault, for the very reason that makes sexual assaults a nuanced issue- lack of evidence. If you’re trying to report a battery, you’re going to have physical injuries. If you’re trying to report a theft, something is missing.

Because one thing (title IX investigations) have a propensity to lead to the other (innocent people being charged). The justice system, administered by the government, sets a fairly high standard for convicting a person, weighing the rights of the accused versus the victim. Title IX often has no true due process, a lowered standard of proof, and is underpowered to perform the sort of investigations that they do. Yet, the government is effectively mandating through intractable associations (through withholding of funds if they find non-compliance of title IX) an investigation that wouldn’t pass muster in a court of law.

It is why I believe that investigations of criminal activity should be left to the criminal justice system; if a court finds you guilty, feel free to impose whatever sanctions you want. If not, then a standard of proof hasn’t been met and the college shouldn’t be able to take action.
Yeah look up car insurance fraud, and you'll feel differently about that first point.

As to the second point, let's see some evidence that Title IX claims lead to higher rates of false "convictions".

And finally, an important distinction exists between criminal charges and the justice systems in place in schools, primarily in that school justice systems don't result in criminal charges or punishments. They aren't investigating crimes, they're investigating rule violations (which is why you can be punished by a school for things like having premarital sex if you go to a religious school, or having alcohol in a dorm room even if you're 21, or for working on homework in a group). These things aren't necessarily crimes, and the punishments aren't jail time, they're things like a suspension or an F in the class or a note on your transcript. And yes, there's a lower burden of proof for these crimes, but that's because they're much more analogous to civil court and civil penalties, which have the same lower burden of proof (usually a preponderance of the evidence). These cases WOULD pass muster in a civil court of law.

EDIT: sorry to OP--didn't see your request until after I posted. I'll only comment on your specific case from now on.
 
Yeah look up car insurance fraud, and you'll feel differently about that first point.

As to the second point, let's see some evidence that Title IX claims lead to higher rates of false "convictions".

And finally, an important distinction exists between criminal charges and the justice systems in place in schools, primarily in that school justice systems don't result in criminal charges or punishments. They aren't investigating crimes, they're investigating rule violations (which is why you can be punished by a school for things like having premarital sex if you go to a religious school, or having alcohol in a dorm room even if you're 21, or for working on homework in a group). These things aren't necessarily crimes, and the punishments aren't jail time, they're things like a suspension or an F in the class or a note on your transcript. And yes, there's a lower burden of proof for these crimes, but that's because they're much more analogous to civil court and civil penalties, which have the same lower burden of proof (usually a preponderance of the evidence). These cases WOULD pass muster in a civil court of law.

EDIT: sorry to OP--didn't see your request until after I posted. I'll only comment on your specific case from now on.
Out of respect for OP's request, I won't continue this discussion in this thread.
 
I don't know what this is referring to, but is it even worth it to make any official complaints then? Once (if) this guy gets notified of any case against him, it seems reasonable to expect that he'd be willing to pull all the stops. Does a lawyer and the right gap year make anything slide off your back?

It was a Caribbean med school joke. 😉
 
Right, and the solution to your friends' problem isn't guilty until proven innocent
Easy to throw stones, harder to offer a real solution. OP: I would actually encourage you to contact your school's Title IX office and see what your options are in helping bring justice.
 
What exactly qualifies as an official sanction?

Something that gets listed on his transcripts as an Institutional Action. Whether he has to go for sensitivity training, get expelled or suspended, or even told "stay away from the Library", if the University has a record of it, then on his application forms he has to check the box that he has an IA, and then explain.

Does probation as a result of a Title IX case constitute an IA, or is anything less than a suspension not going to make an admissions committee blink? Before I go about trying to convince my friends to open up some old wounds, I want to know what my goal with a Title IX investigation would need to be.
Probation, I don't know about. Again, it depends upon whether or not it's on his transcripts.


I don't know what this is referring to, but is it even worth it to make any official complaints then? Once (if) this guy gets notified of any case against him, it seems reasonable to expect that he'd be willing to pull all the stops. Does a lawyer and the right gap year make anything slide off your back?
No. If an Adcom gets wind of this, his medical career is over. A missing academic year will probably raise an eyebrow and might very well lead to being asked about it in an interview.

He could try his luck with Caribbean medical schools, but the odds of him ever being a doctor by that route will be < 50%.
 
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