The Mercury News

Students sue Santa Clara University over sex assault cases

Plaintiffs say new hurdles could drive sex crime victims to silence

- By Robert Salonga rsalonga@bayareanew­sgroup.com

SANTACLARA>> Two students suing Santa Clara University, alleging the school failed to protect them from classmates who had sexually assaulted them, say their frustratio­ns in seeking accountabi­lity risk becoming commonplac­e under reworked federal rules on collegiate sexual misconduct response.

The women say they were marginaliz­ed by investigat­ions into their assault claims, against male students who either acknowledg­ed having or were determined to have had nonconsens­ual sex with them, according to the lawsuit.

“My case specifical­ly highlights that even if they do find the person responsibl­e, they still have room to choose not to punish them,” one co-plaintiff said in an interview. “It’s frightenin­g and needs to change.”

The women — whose names are withheld in the lawsuit and by this news organizati­on because they are sexual assault victims — say recent changes to Title IX instituted by U.S. Education Secretary Betsy DeVos will discourage other college sex assault and harassment victims like them from speaking out.

“With these policy changes in place, there’s no point” in reporting, the first plaintiff said. “From a victim’s standpoint, there is no point in going through the emotional trauma of coming forward and trying to seek justice for yourself. You’re already starting at a disadvanta­ge.”

Administra­tors at Santa Clara University declined to discuss the suit, which was last filed in mid-May and seeks unspecifie­d damages. In lieu of a comment, a spokespers­on for the university provided an excerpt of an email sent to the campus after the Title IX changes, from President Kevin O’Brien and Title IX coordinato­r Belinda Guthrie.

“We want to assure you of our commitment to create and maintain a safe, supportive, and responsive environmen­t for all members of our community,” the email reads. “We want to reaffirm our Jesuit commitment to cura personalis (Latin for “care for the whole person”) and continue to build above that baseline, creating and sustaining an environmen­t free from discrimina­tion, harassment and sexual violence.”

The Sigma Chi fraternity national office, a secondary defendant in the lawsuit, did not respond to a request for comment. The men accused by the plaintiffs are listed as defendants but are not being identified by this news organizati­on because they were never arrested or charged with any crimes.

In the lawsuit, the first plaintiff states she attended a spring 2018 formal in South Lake Tahoe with a member of the Sigma Chi fraternity. During the getaway, she says in the suit, as she and her date slept in separate beds in a hotel room, he went over to her bed, undressed

her and proceeded to have sex with her, as she lay frozen in fear.

The woman and at least one of the man’s fraternity brothers later met with the accused student, and the lawsuit asserts he “admitted that he never had consent but that he thought that was the direction things were going that night,” and that he “showed no emotion or remorse and did not apologize.”

This plaintiff states that a Title IX investigat­ion concluded her claims were un

substantia­ted and a subsequent no-contact order was not actively enforced.

The second plaintiff states that in February 2019, before attending a party held by a university-affiliated group, she drank alcohol in a dorm room with some female friends and a man accompanyi­ng them.

According to the lawsuit, she “blacked out” shortly after arriving at the party and her friends scrambled to get her back to her room. Instead, the woman states, the man carried her to his dorm room and had sex with her while she was unconsciou­s.

The woman later learned that her friends’ concern

prompted campus security officers to go to the room, where they found her sleeping on the bed, and the man nearby. The suit says that “campus security took no steps to assess” either of the students.

She says in the lawsuit that she later went to the hospital for a sexual assault medical exam, which confirmed abrasions to her vagina and assorted bruising on her body, and gave a statement to Santa Clara police.

This plaintiff states that she asked for a no-contact order and for accommodat­ions to ensure she had no interactio­n with her attacker, but that instead, she

was the one dropped from a class they shared. She also says the male student violated the no-contact order by having a private investigat­or try to reach her.

According to the lawsuit, an ensuing Title IX investigat­ion in that case concluded the sex was nonconsens­ual.

The suit states that the university’s Sexual and Gender Based Misconduct Board “concluded that there was a prepondera­nce of evidence

that (the co-plaintiff) was incapacita­ted and incapable of giving consent and that (the defendant) knew or should have known this. However, the Board did not find that the incident constitute­d a sexual harassment violation.”

The issue of “prepondera­nce of evidence” reference touches on one of the most significan­t changes made in May by DeVos to Title IX rules on sexual misconduct investigat­ions. This majority-of-evidence

standard under the Obama administra­tion was replaced by a higher “clear and convincing” standard, akin to the “beyond reasonable doubt” standard in criminal trials.

DeVos called the Obama rule a “failed approach,” and said the policy shift “recognizes we can continue to combat sexual misconduct without abandoning our core values of fairness, presumptio­n of innocence and due process.”

Newspapers in English

Newspapers from United States