SDSU HAS NOT STOOD BY IDLY SINCE FALL RAPE ALLEGATION

I will not stand by while our university and community are maligned based on incomplete and erroneous reporting about the off-campus sexual assault that was the subject of an article and editorial shared by The San Diego Union-Tribune. Statements that the university has taken no action, has been idle, or should have issued a campuswide notice about the incident are inaccurate.

Given this, along with the serious nature of the allegations and the complexity of the San Diego Police Department’s criminal investigation, misinformation is not only harmful, it’s dangerous.

The refusal to acknowledge specific facts about this situation must be addressed, and I am writing to correct the record.

First: My personal interest and the interest of San Diego State University has been and will continue to be justice for the alleged victim and the care and safety of our community. Our many actions — including our decision not to initiate our own inquiry into allegations and to cooperate with the San Diego Police Department investigation — have been driven by the need for answers and justice. The allegations are that a rape occurred, which is heinous and disgusting. The San Diego Police Department has not confirmed to the university the identity of any known suspect, and given these potential crimes, a criminal investigation is the most powerful tool to ensure that anyone guilty of harming a young woman experiences the full force of the law. That will be the ultimate justice.

Second: The editorial’s statement that “university officials stood by idly” is both a falsehood and a dangerous characterization of the situation. Our Title IX office immediately assessed what actions were appropriate for it to take, including moving forward with fact finding. The Title IX office and university police department made decisions regarding policy and communications after close consultation with the California State University system’s Office of General Counsel. It was determined that it was necessary and in the interest of justice to cooperate fully with the San Diego Police Department. Not doing so could jeopardize its criminal investigation, leading to potential collusion and evidence tampering. This does not mean for a moment that SDSU failed to take any action — we did take action. Our university voluntarily shared with the San Diego Police Department all information we had available, including information shared through the university’s anonymous reporting system from individuals who confirmed they did not have first-hand knowledge and were not witnesses.

We asked the San Diego Police Department to share SDSU Title IX contact information and resources with the alleged victim, and to encourage her to reach out to us. And we increased sexual assault education and prevention trainings among students, including student-athletes across several athletic teams. To date, the alleged victim has not reported the incident to SDSU.

Third: The editorial states that whether an incident occurs on or off campus shouldn’t matter — but location absolutely matters. The San Diego Union-Tribune in its own news section shared coverage on pivotal changes to Title IX policy in 2020. This changed how universities could hold students accountable under Title IX for violations of their sexual assault policies for incidents that occur off campus. That the sexual assault was reported off campus is absolutely an important factor in assessing SDSU’s options and appropriate response. Further, criticisms that SDSU should have sent a campus communication that a crime had occurred off-campus do not take into account all of the factors the university considers when sending a timely crime warning bulletin, including the impacts of such a broad message to both the victim and the investigation. Details and circumstances of each individual case are different. Specific

to this case, the San Diego Police Department formally requested that SDSU not initiate a separate investigation or take other actions, including conducting interviews and communicating case details with members of the community. As noted before, doing so could have resulted in the destruction of evidence or the collusion of alleged suspects.

Lastly: This is not a football team cover up, as some students have suggested, and any allegation otherwise has no basis in fact. Unequivocally, it is a blatantly false statement to say that SDSU acted in ways to protect any students — even alleged football players — during this investigation. Willingly, and without a court order, our university provided the

San Diego Police Department with all anonymous information received and avoided sending notices that would alert potential perpetrators to the investigation. We provided other detailed information about our university and community to the San Diego Police Department to aid in its criminal investigation, and continue to do so as we cooperate fully.

I care very deeply about the health and safety of our students and have addressed issues of sexual violence for years. I join many others wanting due process and justice, which is why SDSU has and will continue to comply with San Diego Police Department’s investigation.

Investigations, especially those that may involve multiple suspects, can take many months, sometimes more than one year. We understand the concern of those who believe the investigation has not progressed more quickly. We are also anxious to see it come to a conclusion. We patiently await a resolution, whatever the actual facts ultimately tell all of us, and expect the investigation to be carried out properly and fairly for all involved. We cannot and should not rush justice.

I join many others wanting due process and justice, which is why SDSU has and will continue to comply with San Diego Police Department’s investigation.