Ad Board Enlarges Alleged Victims' Procedural Role

Under new Administrative Board guidelines adopted over the last year, students who claim to be victims of date rape or sexual misconduct have more control than in the past over the proceedings of their cases.

Formerly, alleged victims submitted their complaints to their senior tutor or advisor, and were next updated when the Board reached its verdict. The accuser was not given an opportunity to present his or her case in person.

The changes were drawn from recommendations of a Date Rape Task Force consisting of students, faculty and administrators, which was formed two years ago to review the College's policies on sexual misconduct.

The Ad Board did not adopt the definition of rape suggested by the task force--any act of sexual intercourse occurring without the expressed consent of both parties--instead favoring a definition relying on expressed dissent.

In the midst of a campus-wide debate over the definition, reforms in the day to day operation of the Ad Board originally suggested by the task force have been overlooked, administrators say.

"[The process] is now more inclusive," said Virginia L. Mackay-Smith '78, assistant to the dean of the college. "It gives students bringing charges the same options that charged students have always had."

The accused have always had the option to view documents related to the case and the right to meet face-to-face with the Ad Board, Mackay-Smith said.

"The Task Force convinced us that the student bringing the charge needs to play a larger role," Mackay-Smith said.

The reforms were passed even before a federallaw went into effect this summer requiringcolleges and universities to develop sexualassault policies, including rape awarenessprograms.

Still, the Ad Board has balked at anothersuggestion of the task force--that students takepart in reviewing cases of alleged rape or sexualmisconduct.

"That's an issue we couldn't do withoutinvolving the faculty," said Dean of the CollegeL. Fred Jewett '57.

In adopting its reforms, Mackay-Smith said, theAd Board has taken pains to prevent personalinteraction between the accused and the accuser inthese cases.

"Now we expect that if we are holding off forcourt action and both are still at college, wewill take steps to make sure that the studentsdon't [have] access to each other," Mackay-Smithsaid.

Generally, this involves working out anarrangement where the students agree to stay awayfrom the dormitory and the activities of the otherperson involved.

"It's been our experience that students arequite eager to have this work," she said.

Other changes taken from the task force reportwere geared towards making the process moreobjective, Mackay-Smith said.

Both the accused and accuser are now requiredto write initial statements to be presented to theAd Board. Although the accused party is given aletter outlining the charges against him or her,neither person is allowed to see the other'sinitial statement before writing their own.

"I think it's a cleaner situation and lesslikely to cause misunderstanding," saidMackay-Smith.

This recommendation has been one of the last tobe adopted by the Ad Board. Most of the otherswere incorporated into the review process lastyear, as the task force report was beingformulated, said Mackay-Smith.

Subcommittees

According to Jewett, an Ad Board reformtechnically unrelated to date rape cases--theappointment of official subcommittees forinvestigating disciplinary cases--will also makethe process clearer to students.

This fall, Jewett instituted four setsubcommittees, ending the practice of appointingad hoc subcommittees in cases disputed by aninvolved party.

"We've found more and more cases where thefacts were in dispute and we needed to formsubcommittees," said Jewett.

None of the subcommittees deals with aparticular discipline issue exclusively, Jewettsaid.

"Since the Board has got to deal with [sexualmisconduct] issues, all members of the Board needto become familiar with the issues," Jewett said.

Also, any senior tutor or advisor of studentsinvolved in disciplinary cases are not allowed toserve on investigative subcommittees, said Jewett.

Thomas A. Dingman '67, associate dean of thecollege and chair of the 'A' subcommittee, said hebelieves the establishment of subcommittees hasbenefitted students.

"I think as we get used to working with oneanother we can be more effective...at creating anenvironment in which all students canparticipate," said Dingman

The reforms were passed even before a federallaw went into effect this summer requiringcolleges and universities to develop sexualassault policies, including rape awarenessprograms.

Still, the Ad Board has balked at anothersuggestion of the task force--that students takepart in reviewing cases of alleged rape or sexualmisconduct.

"That's an issue we couldn't do withoutinvolving the faculty," said Dean of the CollegeL. Fred Jewett '57.

In adopting its reforms, Mackay-Smith said, theAd Board has taken pains to prevent personalinteraction between the accused and the accuser inthese cases.

"Now we expect that if we are holding off forcourt action and both are still at college, wewill take steps to make sure that the studentsdon't [have] access to each other," Mackay-Smithsaid.

Generally, this involves working out anarrangement where the students agree to stay awayfrom the dormitory and the activities of the otherperson involved.

"It's been our experience that students arequite eager to have this work," she said.

Other changes taken from the task force reportwere geared towards making the process moreobjective, Mackay-Smith said.

Both the accused and accuser are now requiredto write initial statements to be presented to theAd Board. Although the accused party is given aletter outlining the charges against him or her,neither person is allowed to see the other'sinitial statement before writing their own.

"I think it's a cleaner situation and lesslikely to cause misunderstanding," saidMackay-Smith.

This recommendation has been one of the last tobe adopted by the Ad Board. Most of the otherswere incorporated into the review process lastyear, as the task force report was beingformulated, said Mackay-Smith.

Subcommittees

According to Jewett, an Ad Board reformtechnically unrelated to date rape cases--theappointment of official subcommittees forinvestigating disciplinary cases--will also makethe process clearer to students.

This fall, Jewett instituted four setsubcommittees, ending the practice of appointingad hoc subcommittees in cases disputed by aninvolved party.

"We've found more and more cases where thefacts were in dispute and we needed to formsubcommittees," said Jewett.

None of the subcommittees deals with aparticular discipline issue exclusively, Jewettsaid.

"Since the Board has got to deal with [sexualmisconduct] issues, all members of the Board needto become familiar with the issues," Jewett said.

Also, any senior tutor or advisor of studentsinvolved in disciplinary cases are not allowed toserve on investigative subcommittees, said Jewett.

Thomas A. Dingman '67, associate dean of thecollege and chair of the 'A' subcommittee, said hebelieves the establishment of subcommittees hasbenefitted students.

"I think as we get used to working with oneanother we can be more effective...at creating anenvironment in which all students canparticipate," said Dingman