Jewett Will Ask Council For New Date Rape Policy

Dean of the College L. Fred Jewett '57 said yesterday that he will ask the Faculty Council to approve a revised date rape policy that defines rape as sexual intercourse against the will of the victim.

"The big issues have been ironed out in principle," Jewett said. "We will check it with the University legal counsel and then bring it before the Faculty Council."

The new policy is largely the result of collaboration between former Assistant Dean for Co-Education Janet A. Viggiani of the Date Rape Task Force and former Chair of the Undergraduate Council Malcolm A. Heinicke '93.

Language Re-Phrased

While the new proposal leans toward the council definition of rape as "expressed unwillingness," the language has been re-phrased to define rape as "any act of sexual intercourse which occurs against the will of the victim," Heinicke said.

The new definition specifies that the will of the victim may be expressed "physically or verbally."

The definition also closely resembles Massachusetts state law, which defines rape as sexual intercourse with a person "who is compelled to submit by force and against his will."

The policy is not yet on the agenda for a Faculty Council meeting, according to John B. Fox Jr. '59, secretary to the Faculty Council. But Jewett said the proposal should be presented in March or April.

Heinicke said Viggiani and he, corresponding by fax, reached a common definition over winter break.

Viggiani was a chief architect of the Task Force definition--rejected by the Ad Board in November--which defined date rape as "sexual intercourse that occurs without the expressed consent of the person."

Heinicke, who sponsored the original council resolution on date rape last spring, yesterday called the revised proposal a victory for the council.

"It wasn't a victory in that we defeated people," he said. "It was a victory in that the U.C. and I, to a smaller degree, have contributed something worthwhile to college policy."

Viggiani termed the policy a "compromise" and said the language of the policy "takes a little bit from everyone."

"I'm very comfortable with it," she said. "The thing that has always been most important to me has been to raise awareness."

"The policy follows the language in the law, but then we go on to define other points that the law doesn't particularly address," she said.

Viggiani said the policy considers issues that are relevant to a college community, including incidents that involve drugs and alcohol.

"These are things that have been developed through legal precedent but isn't specifically written into the law," she said.

In developing the policy, Viggiani said she also worked with then-Secretary to the Administrative Board Virginia L. MacKay-Smith '78. MacKay-Smith, who last week assumed Viggiani's role as assistant dean for co-education, declined yesterday to comment on her views of the new policy.

The new proposal does not include an addendum to the definition which created a new disciplinary category called "sexual negligence."

Heinicke, who originally opposed the "negligence" rider in the council debate over the definition, said the Faculty Council thought the rider was unnecessary.

"The creation of a sexual negligence category wasn't called for," he said.

Awareness Most Important

Viggiani and Heinicke both said the definition itself was not as important as educational programs at the College.

"If you want to send messages, you don't write it into an obscure passage in the Student's Handbook," Heinicke said.

As a result of her work on the Task Force, Viggiani said she has received more money toward developing educational and student training programs at the College.

Viggiani said she expected the compromise to be widely accepted by faculty and students.

"It seems to satisfy everyone, as far as I know," she said.

Members of the Faculty Council appeared to support the Undergraduate Council definition when the two groups spoke before them in November.

Jewett said the Faculty Council will likely support the measure, because both the Undergraduate Council and the Task Force policies had been generally supported in November.

If the proposal is approved by the Faculty Council, the full Faculty will vote to decide whether it will become a general regulation at the College

"I'm very comfortable with it," she said. "The thing that has always been most important to me has been to raise awareness."

"The policy follows the language in the law, but then we go on to define other points that the law doesn't particularly address," she said.

Viggiani said the policy considers issues that are relevant to a college community, including incidents that involve drugs and alcohol.

"These are things that have been developed through legal precedent but isn't specifically written into the law," she said.

In developing the policy, Viggiani said she also worked with then-Secretary to the Administrative Board Virginia L. MacKay-Smith '78. MacKay-Smith, who last week assumed Viggiani's role as assistant dean for co-education, declined yesterday to comment on her views of the new policy.

The new proposal does not include an addendum to the definition which created a new disciplinary category called "sexual negligence."

Heinicke, who originally opposed the "negligence" rider in the council debate over the definition, said the Faculty Council thought the rider was unnecessary.

"The creation of a sexual negligence category wasn't called for," he said.

Awareness Most Important

Viggiani and Heinicke both said the definition itself was not as important as educational programs at the College.

"If you want to send messages, you don't write it into an obscure passage in the Student's Handbook," Heinicke said.

As a result of her work on the Task Force, Viggiani said she has received more money toward developing educational and student training programs at the College.

Viggiani said she expected the compromise to be widely accepted by faculty and students.

"It seems to satisfy everyone, as far as I know," she said.

Members of the Faculty Council appeared to support the Undergraduate Council definition when the two groups spoke before them in November.

Jewett said the Faculty Council will likely support the measure, because both the Undergraduate Council and the Task Force policies had been generally supported in November.

If the proposal is approved by the Faculty Council, the full Faculty will vote to decide whether it will become a general regulation at the College