Quote:
Originally Posted by DeltaBetaBaby
Seeing just how many campus sexual assaults involve alcohol, I would think an organization violating alcohol or drug policies could be considered responsible, no? Or is that too circuitous a path?
|
I'd say it depends. You'd have to do a very good job connecting the use of the alcohol to the offending behavior. It has to be a better connection than the sexual assault simply being one member's choice. You'd probably have to have some larger conspiracy and further be able to prove it--for Title IX or for civil purposes, by a preponderance of the evidence. [some editorializing--I hate that we use legal phrases like "preponderance of the evidence" and have this quasi-legal setting, but rules of evidence don't apply, hearsay can be evidence, etc., this leads potentially to some bad results]
But the fact that XYZ was having a party, that alcohol was made available and said member of XYZ did commit a sexual assault is probably not going to be enough for an organization to be found responsible.
Reaction to the event is also pretty critical. For example, if it is found that the response to a potential sexual assault in the chapter is an emergency meeting is called to get everyone's story straight to try and portray the alleged victim as someone who was in possession of her faculties who fully consented to the contact when that wasn't the case, I imagine the chapter could probably be found to be at fault here--if not for just the assault, but for creating a hostile environment.
If, on the other hand, a concerned brother contacts the President, who contacts the adviser, who contacts the Student Conduct Office to initiate an investigation, it's probably going to be much harder to conclude that the organization is responsible.
With Title IX around, fraternity chapters really need to do their best to have access to legal counsel. Alumni/ae advisory panels should always have a position for General Counsel to assist when these issues arise. Female organizations need to think about these things too as female-on-male sexual assault does exist and is mostly not reported, but as sexual assault awareness awareness increases as it is with this generation, the reporting of these sorts of incidents is sure to increase.
Threaded Mode
