Reported rapes on the uptick since 2013
Campus police have received slightly more reports of rape in on-campus housing since 2013, according to an annual fire and safety report put out by the University’s Department of Public Safety. While it is possible that instances of sexual assault are higher, they could also simply be indicative of an uptick in the number of cases reported to authorities.
The University is required to report crime statistics to students on a regular basis, per the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990.
The Clery Act
Named for Jeanne Clery, a Lehigh University student who was raped and murdered in her dorm in 1986, the federal statute requires colleges and universities that receive federal funding to share information about crime on campus. These colleges and universities must also report on their efforts to improve campus safety and inform the public about crime in and around campus, according to the Clery Center, a nonprofit organization dedicated to improving campus security.
Under the Act and Title IX, colleges and universities must also provide specific information about options and resources to sexual assault survivors. Additionally, “institutions must have a prompt and equitable process for resolving complaints,” the Clery Center notes on its website.
“We publish this report because it contains valuable information for our campus Community. We also publish the report to comply with the important provisions of the Clery Act. Campus safety, security, and compliance with the Clery Act should be everyone’s responsibility at Brandeis,” Callahan wrote in a foreword to the report.
Emailed to students on Sept. 30, the report includes crime statistics for the last three years.
Crime Statistics
According to a crime statistics table on Page 62 of the report, campus police received reports of 15 rape incidents in on-campus student housing and one incident in a “noncampus building or property” in 2015, as compared to nine rapes in student housing in 2014 and 12 “forcible sex acts” on campus in 2013.
The University adopted four new reporting categories as of Oct. 20, 2014: rape, fondling, incest and statutory rape. Per Massachusetts state law, rape in this context is defined as, “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim,” according to the report.
There was one reported incident of fondling in on-campus student housing in 2014 and two incidents on campus in 2015. One 2014 reported rape was considered unfounded after a University investigation determined the report to be false. The report also noted one instance of dating violence on campus in 2015.
In addition to to sexual assault data, the report also included figures for various other crimes in the community, including burglaries and thefts. Notably, the figures for liquor law violations have steadily increased, with reported violations rising from 135 reports to 169 from 2013 to 2015. Drug abuse violations also rose from 92 reports in 2013 to 94 reports in 2015.
“Campus Safety and Security at Brandeis University is a shared responsibility,” the Department of Public Safety’s website reads. “Clearly the best protection against campus crime is an aware, informed and alert campus community. … Despite our best efforts, crimes sometimes occur. This information is provided because of our commitment to campus safety and security and in compliance with federal law.”
Options Available
Per the Clery Act, the report provides information about reporting resources for sexual assault survivors, including phone numbers and contact information for on-campus resources like the Rape Crisis Center and the Office of Prevention Services.
Sexual harassment and assault cases are adjudicated through the Special Examiner’s Process when the University has received a report from a willing complainant who is a current or former member of the Brandeis community.
According to the report, the special examiner overseeing each process is an attorney, law enforcement professional or other professional with extensive legal training in sexual misconduct. The special examiner will have “direct experience investigating sexual misconduct cases on a college campus or comparable experience,” the report notes.
In the 2016 to 2017 Student Rights and Responsibilities Handbook, the University added the process of Restorative Justice to its Special Examiner’s process. An alternative to the formal sanctioning panel typically used in disciplining a student found guilty of sexual misconduct, Restorative Justice can only be used in cases that do not involve physical contact like forced penetration or nonconsensual physical contact, according to an Aug. 30 Justice article.
The student activist coalition Brandeis Students Against Sexual Violence has graded the University on its progress in addressing rape culture and sexual assault throughout the University for the past two academic years. Their most recent report card, released in March, gave the University a “B/B-” on providing “clear and accessible information” on the University’s reporting structure and options. B.SASV also gave the University a “C-” on providing “proper training” to University employees on their roles as Title IX reporters.
Timely Notification
Under the Clery Act, colleges and universities also have the obligation to report crime data to students and community members in a timely manner. The requirement necessitates specific policies for timely warnings and emergency alerts, according to the Clery Center.
The University employs various notification methods for crimes in and around campus, including email, posters, media and text messages. The Brandeis Emergency Notification System sends emergency alerts to community members over text and voice messages. “We are committed to fostering a secure and supportive environment at Brandeis,” Callahan’s foreword in the report reads. “We are proud to be an integral part of Brandeis’ tradition of excellence. Campus safety and security is a collaborative effort at Brandeis. … The men and women of the Brandeis University Department of Public Safety are committed to making the Brandeis campus a safe place in which to live, work, and study.”
Callahan did not return requests for comment as of press time.
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