Georgetown University’s Newspaper of Record since 1920

The Hoya

Georgetown University’s Newspaper of Record since 1920

The Hoya

Georgetown University’s Newspaper of Record since 1920

The Hoya

Changes in Disclosure Policy Affects U. of Virginia

The University of Virginia announced last week that it would be changing its judicial hearing board policies on sexual assault in direct response to a successful legal challenge brought against Georgetown by Kate Dieringer (NHS ’05).

The Department of Education’s July ruling that Georgetown violated the rights of sexual assault victims by forcing them to sign disclosure agreements to learn the outcomes of their judicial hearings prompted an immediate policy change by Georgetown.

S. Daniel Carter, senior vice president for Security on Campus, a campus safety watchdog group, said that a number of students at Virginia have stepped forward to characterize this confidentiality policy as unresponsive to victim and safety concerns.

“As these policies begin to change, challenging problems with the proceedings will become easier,” he said.

Administrators at Virginia have said they will consult with attorneys to ensure they are complying with the Georgetown decision until a new confidentiality policy can be written in the spring semester.

Georgetown had previously argued that under the Family Educational Rights and Privacy Act the outcomes of sexual assault cases were part of the academic records of students and therefore could not be released to the public.

The court, however, cited the Clery Act as rationale for their decision, saying that this law supercedes FERPA. The Clery Act mandates the disclosure of information about campus crime and security policies at colleges and universities.

Private institutions that participate in federal student financial aid programs must comply with legislation enforced by the Department of Education.

Carter said he believes that the impact of this ruling will be significant as other colleges and universities adapt their rules and practices in response to the ruling.

“The primary problems are proceedings that are not fair to both the victim and accused, and proceedings that once they find someone responsible for rape don’t impose a serious punishment geared toward protecting the victim and rest of the community,” he said.

In spring 2002, Dieringer reported to the Office of Student Conduct that she had been drugged and sexually assaulted by a New Student Orientation advisor when she was a freshman in the fall of 2001.

She teamed up with Security on Campus to file a complaint with the university in April 2003 when asked to sign the confidentiality agreement.

After a two day adjudication process, Dieringer’s alleged assailant was found in violation of university policy, though he later appealed his expulsion and had his punishment reduced to a one-year suspension.

Dieringer called the avenues the university takes in resolving sexual assault cases a “revictimization.” She thought it imperative that victims utilize their right to speak about what happened to them without the confines of the confidentiality clause.

“I wanted people to be able to create a dialogue on campus of how the university adjudication system was handling students that they found responsible of violent crimes, so that the community would be cognizant of what standards and procedures are in place to assure their safety,” Dieringer said.

Georgetown rewrote its policy on adjudication for sexual assault within the 30 days provided by the federal ruling.

“Sexual assault on campus is a serious and complicated issue that deserves ongoing and productive dialogue, and the university is committed to continuing to provide resources and programming that reflect and serve the campus community’s needs,” university spokeswoman Laura Cavender said.

Dieringer said that while the university’s new policies are positive and appear appropriate in theory, the real scrutiny comes with the implementation of the new policies. She said she remains optimistic about the prospect of similar change across the country.

“It has been such a humbling experience, to be surrounded by stories of such abhorrent violence, but to see justice being enacted at these other campuses as a result of the ruling,” Dieringer said.

Donate to The Hoya

Your donation will support the student journalists of Georgetown University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs.

More to Discover
Donate to The Hoya