USA TODAY International Edition

Rapists, stalkers got leniency at LSU

In some cases, accusers faced punishment

- Kenny Jacoby, Nancy Armour and Jessica Luther

For years, the LSU administra­tor in charge of doling out punishment­s to rapists, stalkers and abusers regularly chose to issue the lowest possible sanctions, regardless of the severity of the alleged acts, a USA TODAY investigat­ion found.

In more than half the Title IX cases referred to him for punishment over the past four school years, Associate Dean of Students and Director of Student Advocacy and Accountabi­lity Jonathan Sanders imposed sanctions that allowed guilty students to continue their coursework uninterrup­ted, instead of opting for more severe penalties, such as suspension or expulsion. During that time, Sanders expelled just one student.

Several women told USA TODAY that Sanders added to their trauma by disciplini­ng them for minor, unrelated infraction­s or questionin­g them in ways that cast doubt on stories found to be credible by Title IX investigat­ors.

One female student told USA TODAY that Sanders questioned her about what clothes she wore the night a male student raped her while she was unconsciou­s. She reiterated her claims to investigat­ors hired by Louisiana State University to review its handling of abuse cases.

Two other female students said Sanders failed to contact witnesses in their cases against a fraternity member they reported for sexual assault in 2019.

In 2018, Sanders was one of the

officials who led the university’s response to allegation­s that football player Drake Davis beat tennis player Jade Lewis. During an investigat­ion into one alleged beating, staff members reported finding a candle in Lewis’ dorm room, a violation of housing rules. The officials wasted no time citing Lewis for the candle, even as the case against her attacker dragged on for several more months. Davis pleaded guilty in court to two assaults.

Sanders declined to be interviewe­d for this story. Through an LSU spokesman, Sanders defended his record on sanctions for sexual offenders, saying the punishment­s he issued were harsher than those of his predecesso­r. He denied asking a student what she was wearing.

In an email, Sanders disputed several aspects of a report released two weeks ago by the Husch Blackwell law firm that criticized his handling of specific cases. Sanders said the firm made errors in some cases or took his words out of context.

LSU hired Husch Blackwell in November to investigat­e the school’s handling of sexual misconduct allegation­s in response to reporting by USA TODAY.

LSU did not discipline Sanders after the Husch Blackwell report.

LSU interim President Tom Galligan told USA TODAY on March 10 he had “no idea” why LSU had taken a lenient approach to disciplini­ng sexual offenders, but he expects the school to issue more expulsions and suspension­s.

When asked whether Sanders would continue to head LSU’s accountabi­lity office, Galligan said he was not sure.

‘ Worthless’ punishment­s

From the 2016- 17 school year through the 2019- 20 school year – while Sanders was in charge of issuing sanctions in Title IX cases – LSU found 46 students responsibl­e for Title IX offenses, data obtained from LSU by USA TODAY shows.

Title IX offenses include rape, sexual assault, sexual harassment, dating and domestic violence and stalking.

Out of 46 students found responsibl­e, LSU expelled just one. It suspended 18 and gave lesser sanctions to 27.

Of the 27 issued lesser sanctions, 14 students received probation, 11 received deferred suspension­s and two received warnings.

Under LSU policy, deferred suspension­s, probation and warnings do not necessitat­e removal from classes or from campus. Deferred suspension­s result in actual suspension­s only if the student is found responsibl­e for a subsequent violation.

A USA TODAY review of student disciplina­ry records from comparably sized institutio­ns, obtained via public records requests, shows LSU’s punishment­s to sexual offenders were far more lenient.

From 2014 through mid- 2019, Ohio State expelled 28 students – about 60% of those found responsibl­e for sexual offenses. Michigan State found 37 students responsibl­e and expelled 16, or 43%. The University of Central Florida found 34 responsibl­e and expelled 12, or 35%.

LSU allowed three of every five students found responsibl­e for a Title IX offense to continue their coursework without interrupti­on.

“Sexual misconduct” encompasse­s rape, sexual assault, sexual exploitati­on and other nonconsens­ual sexual offenses.

The only student expelled under Sanders’ purview was Davis. Sanders expelled him in July 2019 – 10 months after he’d withdrawn from the school. By then, Davis had already been criminally convicted.

Sanders told Husch Blackwell that his sanctions were determined by an “Outcomes Guide,” which outlines a range of potential punishment­s for each type of offense. LSU’s menu of sanctions was unlike those of other schools, Husch Blackwell noted in its report.

Instead of looking at the severity of the offense, the victim’s wishes and whether the student found responsibl­e admitted fault, LSU’s sanctions were based on the number of times the student had been found responsibl­e for the same offense.

For first violations of the majority of offenses – including sexual misconduct, sexual harassment and stalking – the minimum sanction was probation or a deferred suspension, according to LSU’s 2020- 21 Outcomes Guide. Suspension­s and expulsions were permitted for firsttime offenders, but USA TODAY’s review found that most of the time, Sanders elected probation and deferred suspension­s.

That runs counter to the university’s website, which says probation is typically reserved for first- time offenses that are “not serious in nature.”

In at least one case, Sanders chose a punishment lighter than what the university’s guide prescribed. His office found a fraternity member had sexually assaulted two students in separate incidents. Sanders issued a deferred suspension, allowing him to stay in school, and ordered him to attend an anger management class.

Caroline Schroeder, one of the two students who reported the fraternity member, called the punishment “worthless,” especially for someone found to have sexually assaulted two women.

“At that point, it’s a clear pattern. It’s likely to happen again,” Schroeder told USA TODAY.

According to university spokesman Jim Sabourin, Sanders said he was not aware of the Outcomes Guide’s origin, but it dates at least as far back as 2011, before he began as director of student accountabi­lity.

Until August, LSU handled sexual misconduct and gendered violence complaints in a complex, multistep process, far more complicate­d than most other schools.

First, a Title IX investigat­or probed the allegation­s and determined whether the accused student was responsibl­e. The case was then forwarded to Sanders’ office for additional investigat­ion and sanctions. After that, the student could request a rehearing of the case by a panel of faculty and students. Even still, the hearing panel results could be appealed and overturned by high- level administra­tors.

“This is a byzantine practice which at best confused student participan­ts and at worst pointlessl­y prolonged case resolution and potentiall­y re- traumatize­d the parties,” Husch Blackwell wrote in its report to the university.

LSU updated its sexual misconduct policies last year. Sanctions are determined by a university hearing panel, instead of Sanders’ office.

Sanders’ office is still tasked with issuing discipline in cases of non- genderbase­d offenses, including physical abuse and hazing.

Candle and wine violations

Husch Blackwell saved some of its harshest criticism for the way Sanders handled reports that Davis physically abused his then- girlfriend, Lewis.

Although Davis admitted in a June 2018 interview with LSU’s Title IX investigat­or that he had “punched ( Lewis) in the stomach”, Sanders chose not to suspend Davis while the university investigat­ed, nor did he issue a no- contact or other protective order to separate them. Husch Blackwell described this approach as “way too passive.”

Asked by Husch Blackwell about this decision, Sanders said he and other officials were reluctant to issue a no- contact order because they knew Lewis would violate it, and they “didn’t want to have to charge her.” But as the law firm noted, LSU charged Lewis with other offenses, which could be construed as retaliator­y.

For instance, within two days of discoverin­g a candle in Lewis’ apartment during an investigat­ion into alleged dating violence, LSU found her responsibl­e for violating the residence life campus handbook. By contrast, the school waited nearly three months to charge Davis with conduct code violations for beating her on multiple occasions.

Sanders told Husch Blackwell that issuing Lewis candle- related charges was a way of trying “to engage” with her, “to try and address the behavior with Drake.” Husch Blackwell called this decision “misguided.”

“Disciplini­ng a victim of dating violence for having a candle in her room – which was discovered through an investigat­ion into a report of dating violence – sends a troubling message to victims of abuse and misconduct which does not encourage reporting to the University,” Husch Blackwell noted.

Two months after the candle incident, LSU held Lewis responsibl­e for having a bottle of wine in her campus apartment. It informed her of this the same day she reported numerous acts of dating violence by Davis to campus police.

Fraternity member

The case against the fraternity member seemed straightfo­rward.

He had been found responsibl­e by LSU’s Title IX office for sexually assaulting two female students on a bus ride back from a fraternity party in October 2016. The verdict was upheld at every stage of the appeals process.

Schroeder and Elisabeth Andries said that when they met with Sanders, expecting to discuss their abuser’s punishment, Sanders peppered them with questions, as if he was investigat­ing the assaults anew. Even though the Title IX office had already made a determinat­ion in their cases and denied the fraternity member’s first appeal.

“He ... makes you go through the whole report again and tries to find ... inaccuraci­es or something. I don’t know what the point of him was,” Andries told Husch Blackwell. “He asked me if I was on other drugs or on anything else other than alcohol? And I looked at him and I was like, ‘ Would it have mattered at this point?’ And he was just like, ‘ Well, I find it hard to believe that ( this happened while) you were on a public bus with people.’

“And I was like, ‘ Well, me too.’ ” Sanders issued sanctions against the fraternity member: a meeting on anger management and healthy relationsh­ips, a course on ethics and decision- making and a deferred suspension for four semesters.

Husch Blackwell noted that, based on LSU’s Outcomes Guide, Sanders should have at least suspended, if not expelled, the fraternity member because he’d been found responsibl­e for two sexual misconduct violations.

‘ What I was wearing’

Andries’ and Schroeder’s experience­s echo that of another woman, Sidney, who reported being raped by her friend, a male student, in 2018. Sidney agreed to use her first name only for this story.

Sidney said that after a night of drinking in 2018, she slept over at the friend’s house and woke up in the middle of the night to him raping her.

Two months after the incident, the Title IX investigat­or found the male student responsibl­e for sexual misconduct. His first appeal was denied, and the case was forwarded to Sanders to impose sanctions. Sidney said Sanders tried to poke holes in her story, even though the Title IX office had already reached a decision in her case twice.

“His tone of voice and the questions he asked me were basically like, ‘ So this is your fault that this happened,’ ” Sidney said. “He asked a lot of questions like what I was wearing, and how much I’d had to drink, and that kind of thing.”

Sanders denied asking Sidney what she was wearing.

Sanders issued the male student a one- year suspension, but he appealed. Because of the delays and the school calendar, the panel’s decision came with just one week left of school.

Sidney was stunned when the panel overturned the suspension, allowing the student to complete the semester, his last at the school. Sidney said a member of the panel told her it was best to just “let him graduate and then not see him again.”

“I said, ‘ That’s not the point,’ ” Sidney said. “The point is he did this and nothing happened.”

 ??  ?? Sanders
Sanders
 ?? KATHERINE SEGHERS/ LSU ?? LSU interim President Tom Galligan says he expects harsher punishment­s for sex offenders.
KATHERINE SEGHERS/ LSU LSU interim President Tom Galligan says he expects harsher punishment­s for sex offenders.

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