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Centre Daily Times, Monday, December 1, 2014 A3

Student recounts rough process after assault

Assault, continued from A1

Once in the fraternity

house, he took her into his
room. She was sober, but she
had watched him down two
beers. Inside the bedroom,
she saw five more empty
cans. He had been stumbling
as they walked to the house,
but that changed once he
turned to lock the door, she
said.
He was alert and ready to
go, Jennifer said. He didnt
slur his words. He knew
what he was saying.
He began to get physical
with her. She wasnt interested. It quickly went beyond
two young people flirting.
I left with a lot of bruises.
I got choked. I got punched
in the throat every time I
tried to scream, Jennifer
said.
She said the assault ended
sometime after 5 a.m. By 8
a.m., she was able to leave
the house and make her way
to Mount Nittany Medical
Center.
At the hospital, she was introduced to a police officer
and an advocate from the
Center for Women Students.
At first she was nervous
about identifying the man
whose number was still in
her cellphone. She wasnt
ready to listen to the officer
discussing going further
with the case.
The sex was unprotected,
so she was given Plan B, also
known as the morning-after
pill, to prevent a pregnancy.
She said she was given a
combination of 17 pills and
shots and faced a year of
blood work to rule out any
sexually transmitted diseases.
Overwhelmed and without a clue about how to handle the situation, Jennifer took
a week off from school to
spend time at home.
When she returned to
school in late September,
she said, she was directed to
Karen Feldbaum, associate
director of the Office of Student Conduct.
At Penn State, a complainant in a sexual assault case
has the options of obtaining
an administrative directive
and pursuing an informal or
a formal university conduct
process, Feldbaum told the
Centre Daily Times in an
email. Complainants are encouraged to file a report with
police and are told of school
resources, including counseling and medical services,
she said.
If a complainant chooses a
formal university conduct
process, the case is reviewed
for university charges and
sanctions, which include expulsion, Feldbaum said.
The informal process
doesnt allow the university
to formally charge the accused (called the respondent), but the university
would still like to be able to
interact with the respondent
to set expectations, encourage counseling/intervention or engage the respondent in other appropriate
ways, Feldbaum said.
Jennifer chose a formal
process and an administrative directive forbidding the
accused from contacting her,
including on social media.
She said she was told the
district attorney would not
take her case.
Although she said she cannot comment on why a specific case was not taken, Centre County District Attorney
Stacy Parks Miller said sexual assault cases are no different from any other criminal case and must be able to
be proved to a jury on the

UNIVERSITY CONDUCT HEARINGS RECEIVE PLENTY OF CRITICISM

By Annemarie Butkiewicz
For the CDT

UNIVERSITY PARK When

universities hold student conduct
hearings in cases as sensitive as
sexual assault, it isnt easy to have a
process that the accuser and the accused find fair.
In July, The New York Times reported on the case of Anna, a Hobart and William Smith Colleges
freshman whose conduct hearing
panelists asked her if she had actually just had sex with the accuser
and who did not understand what a
rape exam entailed.
Despite privacy laws, the college
disclosed her name as a possible
rape victim in letters to dozens of
students and did not take action
when the accused did not keep his
distance from her, the Times reported.
But its not always accusers who
think they have not received a fair
hearing.
The Chronicle of Higher Education reported in September on
young men found guilty in university hearing procedures whose lives
were turned upside down.
One drives a delivery truck and
may never finish college, The
Chronicle reported. Another was
expelled from his dream college, although, he said, his ex-girlfriend
had wrongly accused him of sexual
assault. A third lost a $30,000 scholarship and his place on the football
team.
All three were expelled after
their colleges found them responsible for sexual assault, The Chronicle reported. They join those who
think the movement to bring attention to sexual violence on college
campuses has gone too far, labeling
innocent students rapists.
The way that universities are
handling the entire situation is terrible, one of the men, Joshua
Strange, told The Washington Post
in an Aug. 20 article. Its kind of a
broken system.
State College defense attorney
Matthew McClenahen has a similar concern about Penn States student conduct hearing procedure.
McClenahen said he had a client
who went through a Title IX hearing procedure, and it was a difficult
process for his client to prove his
innocence.
standard of beyond a reasonable doubt.
She said sexual assault
cases must meet the standards required for any crime
to be taken to court, whether
regarding physical evidence
or simply testimony.
We take (sexual assault
cases) very seriously, Parks
Miller said. We are committed to prosecuting those
cases to the fullest extent.
Sexual assault cases are always on the docket.
Unable to pursue a criminal case, Jennifer instead began preparing for the hearing, which was scheduled for
early November.
She said she met about
four days a week with her advocate, along with Center for
Women Students Director
Peggy Lorah, State College
detectives and the university
Counseling and Psychological Services representatives
she was seeing at the time.
Lorah said the Center for
Women Students provides
any kind of support a victim
needs, including offering
emotional support by being
present when the Office of
Student Conduct is notified
and even attending the hearing.
Lorah helped her prepare
a statement for the hearing,
and she and Jennifers advocate explained to her what
would occur, Jennifer said.
Jennifer said she was told

Title IX hearings involve cases of

alleged sexual misconduct.
Although defense attorneys cannot participate in the process, they
can attend. From what he saw in
that case in terms of fairness,
McClenahen said, the process
seems to favor the accuser.
The universitys hearing process
uses a standard of a preponderance of evidence to establish guilt,
McClenahen said, unlike in a court
of law where the evidence has to
show guilt beyond a reasonable
doubt.
In a typical criminal case in a
court of law, usually the evidence
is just so overwhelming against the
defendant, he said.
Senior Director of Student Conduct Danny Shaha said in an email
that the preponderance standard
means that 51 percent of the evidence presented must point one
way or the other, propelling each
party into a more equitable space.
This standard puts the plaintiff
and the complainant on a level playing field, Shaha said.
McClenahen said it took a lot of
hard work for his client, but in the
end he won the case and was not
expelled.
No matter how frivolous and ridiculous a story may be, McClenahen said, the university does not
see itself as being in a position to
disbelieve a complainant.
Shaha said the Office of Civil
Rights for the federal Department
of Education is reviewing all of
Penn States policies, procedures
and practices related to Title IX, including its hearing procedures
when cases move through a conduct process.
Penn State is one of dozens of
universities being investigated for
their procedures under Title IX,
the law that prohibits discrimination based on gender in education
programs and activities receiving
federal funding; it includes how
universities deal with and report
sexual assault.
Shaha said the Office of Civil
Rights has not made any recommendations, but the universitys
Office of Student Conduct is evaluating its own processes.
It is working toward implementing an investigative model for cases
involving sexual violence, as op-

that, during the hearing, she

and the man she had accused would be at opposite
ends of the room. She would
be tasked with questioning
him.
She said the idea of speaking to him made her feel like
the crime was being simplified, as if she was asking him
something akin to why he
had stolen her laptop.
With sexual assault and
rape, its nothing like that,
Jennifer said. Its so emotional. Logic doesnt fit in the
equation well.
The decision to proceed
with the hearing was hard,
she said, in part because
people attempted to talk her
out of going through the
hassle, leading her to
blame herself for the rape.
These feelings were only
heightened during one of
her preparation meetings.
She said Lorah and her advocate asked her questions
similar to what would be
asked during her hearing
to toughen her skin, she
said.
Jennifer said the questions
and comments were along
the lines of, You have to expect that when you go into a
mans room; Youre obligated to have sex with him,
so why did you go in there?;
What were you wearing?;
Why didnt you scream
louder?; and Why were
you so naive to think he

posed to the traditional hearing model, Shaha said.

The position of conduct investigator has been created within the
office, and the office plans to start a
pilot program for the investigative
model within the next few weeks,
he said.
Shaha said the investigative process is still in draft form, but the
process has seen success at other
universities.
The conduct investigator works
at the outset of a case to gather the
facts from the respondent, complainant, witnesses and any others who
have information. The investigator
compiles an investigative packet,
which each party can review, providing additional information as appropriate, Shaha said.
Then the case is forwarded to a
panel, which makes decisions
based on the preponderance-of-evidence standard, Shaha said. Each
party has the right to appeal the decision.
Shaha said this process does not
include the accuser and the accused facing each other. He noted,
however, that they dont have to
confront each other in the current
process either, because they can
choose to participate in person, over the phone, via Skype or in another medium with a partition separating them.
Also in the current process, all
questions between the two are only
permitted through the university
conduct board chair.
In 2013-14, there were 12 charges
issued for violations of the sexual
harassment or sexual misconduct
section of the student code of conduct, university spokeswoman Lisa
Powers said in an email.
In 2012-13, there were 20 charges, ranging from stalking to nonconsensual sexual touching to nonconsensual sexual intercourse, she
said.
Ninety-nine percent of the cases
that the Office of Student Conduct
manages are resolved at a disciplinary conference, Powers said.
Usually the accused student, or
respondent, accepts responsibility
for the violation, eliminating the
need for a hearing. But if cases do
proceed to a hearing procedure,
there are lower-level cases and
higher-level cases, Powers said.

wouldnt do this to you?

Although, she said, she
understood that Lorah and
the advocate were trying to
make it easier for her by the
time of the hearing, it was
difficult to hear the questions, which increased her
insecurity.
Lorah, however, said
those are not the kinds of
topics that would be talked
about with students, and the
hearing board would not ask
such questions or let an attorney or advocate for the accused ask such questions.
Instead, she said, to prepare
complainants she and the Center for Women Students advocate, Audra Hixson, ask them
what questions and concerns
they think will be addressed by
the board.
The hearing board is really
about coming forward in a way
thats really respectful and gets
to the heart of the story, Lorah
said. Its always done in the
spirit of making sure that a victim doesnt feel blamed and targeted.
If the complainants advocate thinks questions being
asked are not appropriate, the
advocate can voice concerns
immediately, Lorah said.
In a Penn State hearing,
the complainant has several
alternatives to being in the
room with the accused, including attending via Skype,
a Web conferencing service.
One of the things thats of-

One administrator or faculty

member hears lower-level cases,
she said.
The person appointed hears all
the information and makes a decision that would likely result in probation or less.
Higher-level cases those likely to result in suspension or worse
are sent to a university conduct
board hearing, Powers said.
Regardless of a hearings outcome, information used in a university discipline process could be
subpoenaed for the purposes of a
legal process, Karen Feldbaum,
associate director of the Office of
Student Conduct, said in an email.
But a students admission of guilt
during a hearing does not mean a
crime has occurred or could be
prosecuted.
In a hearing, using the preponderance-of-evidence standard the
university decides if a student violated the Student Code of Conduct,
not if a student violated the law,
Feldbaum said.
A conduct board is composed of
five people two students and
three faculty and staff members,
with one of the faculty or staff serving as the chair. Faculty and staff
are appointed by a college to serve;
students apply to serve.
Board members get intensive
training at the start of their membership and regular annual training. Members who serve on panels
that hear cases related to Title IX
must complete annual training on
sexual assault, Title IX, victimization and related issues, Powers
said.
Shaha said the complainants and
the respondents have the same
rights of participation and appeal,
such as having an adviser of their
choice and choosing whether or
not to participate in the hearing;
they also have the same criteria for
appealing.
Anyone asserting that the process the Office of Student Conduct
utilizes favors one party over the
other may not understand the process, Shaha said.
Annemarie Butkiewicz is a Penn
State journalism student.
Penn State journalism student
Morganne Mallon contributed to
this report.

ten difficult for somebody

whos been victimized is to be
physically in the presence of
the person who committed the
crime, Lorah said. It can be
devastating and really triggering to be in that setting.
Jennifer said she was told
that hearing administrators
had planned for her to use
Skype because they were
concerned about the way the
man she had accused was
behaving before the hearing.
Jennifer didnt make it that
far.
Less than 24 hours before
the hearing was scheduled
to begin, she said, she was
called to the Center for Women Students and told the
man she had accused had admitted guilt and had accepted punishment.
He was suspended for one
academic year, Jennifer said.
But he had already applied to
and been accepted at another school, she said.
Everyone around her took
this as good news, she said,
but she broke down, sobbing.
Here I thought I got to
dictate this hearing, she
said, and then he pulled out
and the school got to decide
what the punishment was,
without any of my consent.
Jennifer said her fear and
insecurity did not leave with
her accused attacker. She
still experiences flashbacks
and worries that she could

Local tree farms welcome holiday business

Tree, continued from A1

farm sold its first tree of the

year three weeks ago to an outof-state customer, owner Martha Weidensaul said, and sold a
few in the two weeks before
Thanksgiving. After officially
opening, the farm sold about
400 trees on both Friday and
Saturday. Balsam, Fraser and
concolor firs, white pines and
limited numbers of blue spruces and Douglas firs are sold at
Tannenbaum,
Weidensaul
said, although other trees are
raised on the 133-acre property.
Tannenbaum will also still
be selling trees after Dec. 25 to
accommodate the Eastern Orthodox faith, who celebrate
Christmas on Jan. 7, 2015.
To assist in selling trees, 16
employees worked on Sunday,
Weidensaul said, many of

whom have worked at the farm

for years. Deborah Austin, of
Centre Hall, has spent at least
the last eight holiday seasons
working there.
The environment of the tree
farm keeps her coming back to
work there, Austin said. A family atmosphere exists between
employees, she said, and she
likes helping families find the
right tree.
Its a part of the Christmas
tradition, she said. I enjoy
seeing the kids when they find
the perfect tree and theyre excited.
Dave and Jan Smith were at
Tannenbaum with daughter
Kelly Praskovich and grandsons Triston, 5, and Connor, 3.
They come to the farm every
year to select trees and this
year was no different. The family had a wheeled cart with two
trees on it Sunday. They were

picked because they were the

perfect shape and height but
proved difficult to cut down.
A lot of hard sawing, Dave
Smith said. I ruined my coat.
The Helms family, of Bellefonte, were also at Tannenbaum. It was the fourth or fifth
year the family had gone there
for a tree but the trip Sunday
marked a first.
Daughter Eva Helms, 11,
laid on a coat on the muddy
ground sawing at a tree while
her father, Will Helms, offered
directions. It was her first time
wielding a saw on the family
Christmas tree. She got halfway through the trunk before
son Tanner Helms, 15, finished
the cutting.
The family Christmas tree
was selected because it was a
little crooked and needed to go
home with someone, mother
Christy Helms said.

It had some flaws, but it

didnt need to be perfect, she
said.

Clayton Over can be reached

at 231-4631. Follow him on
Twitter @ClaytonOver.

run into him.

She said its important for
those who have been sexually assaulted to tell their stories and hold their head
high, but she would hesitate to advise them to go
through the hearing process
because it is traumatic and
there is no way to know if
they would be satisfied with
the outcome.
I think every girl that has
gone through this process is
so strong and so brave because theres so many times
where it was way easier to
just stop, Jennifer said. It
takes up your life.
Still, she is glad she chose
to go ahead, she said.
I would have regretted it
if I didnt go through with it.
Since the hearing, she has
dealt with harassment from
friends and fraternity brothers of the man she accused,
she said. She and her family
felt so uncomfortable that
she pulled out of Penn State
for the fall and coming
spring semesters.
She does not know if she
will return.
Morganne Mallon is a
Penn State journalism student.
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