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Campus Sexual Assault: the Roles and Responsibilities of Law Enforcement

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Campus Sexual Assault: the Roles and Responsibilities of Law Enforcement S. HRG. 113–894 CAMPUS SEXUAL ASSAULT: THE ROLES AND RESPONSIBILITIES OF LAW ENFORCEMENT HEARING BEFORE THE SUBCOMMITTEE ON CRIME AND TERRORISM OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION DECEMBER 9, 2014 Serial No. J–113–76 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PUBLISHING OFFICE 28–426 PDF WASHINGTON : 2018 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking Member CHUCK SCHUMER, New York ORRIN G. HATCH, Utah DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut JEFF FLAKE, Arizona MAZIE HIRONO, Hawaii KRISTINE LUCIUS, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Counsel and Staff Director SUBCOMMITTEE ON CRIME AND TERRORISM SHELDON WHITEHOUSE, Rhode Island, Chairman DIANNE FEINSTEIN, California LINDSEY GRAHAM, South Carolina, CHUCK SCHUMER, New York Ranking Member DICK DURBIN, Illinois TED CRUZ, Texas AMY KLOBUCHAR, Minnesota JEFF SESSIONS, Alabama MICHAEL S. LEE, Utah AYO GRIFFIN, Democratic Chief Counsel DAVID GLACCUM, Republican Chief Counsel (II) C O N T E N T S DECEMBER 9, 2014, 10:04 A.M. STATEMENTS OF COMMITTEE MEMBERS Page Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 3 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared statement .......................................................................................... 61 Schumer, Hon. Chuck, a U.S. Senator from the State of New York ................... 4 Whitehouse, Hon. Sheldon, a U.S. Senator from the State of Rhode Island ...... 1 WITNESSES Witness List ............................................................................................................. 33 Fleischer, Angela, Assistant Director, Student Support and Intervention for Confidential Advising, Southern Oregon University, Ashland, Oregon .......... 10 prepared statement .......................................................................................... 44 Gillibrand, Hon. Kirsten, a U.S. Senator from the State of New York ............... 6 prepared statement .......................................................................................... 34 McCaskill, Hon. Claire, a U.S. Senator from the State of Missouri .................... 4 Langhammer, Peg, Executive Director, Day One, Providence, Rhode Island .... 16 prepared statement .......................................................................................... 58 Zoner, Kathy R., Chief of Police, Cornell University Police, Ithaca, New York . 13 prepared statement .......................................................................................... 48 QUESTIONS Questions submitted to Angela Fleischer by Senator Franken ........................... 63 Questions submitted to Angela Fleischer by Senator Grassley ........................... 66 Questions submitted to Peg Langhammer by Senator Franken .......................... 64 Questions submitted to Peg Langhammer by Senator Grassley ......................... 67 Questions submitted to Chief Kathy R. Zoner by Senator Franken ................... 65 Questions submitted to Chief Kathy R. Zoner by Senator Grassley ................... 68 ANSWERS Responses of Angela Fleischer to questions submitted by Senator Franken ..... 69 Responses of Angela Fleischer to questions submitted by Senator Grassley ..... 71 [Note: At the time of printing, the Committee had not received responses from Peg Langhammer.] [Note: At the time of printing, the Committee had not received responses from Chief Kathy R. Zoner.] MISCELLANEOUS SUBMISSIONS FOR THE RECORD Beloof, Douglas Evan, ‘‘The Third Model of Criminal Process: The Victim Participation Model,’’ Utah Law Review, September 13, 1999, article ............ 74 Cantalupo, Nancy Chi, Esq., Researcher and Author, Georgetown University Law Center, Washington, DC, statement .......................................................... 118 (III) IV Page Fleischer, Angela, Assistant Director, Student Support and Intervention for Confidential Advising, Southern Oregon University, Ashland, Oregon, supplemental statement ...................................................................................... 136 Know Your IX, December 16, 2014, letter and attachment ................................. 137 Lonsway, Kimberly A., and Joanne Archambault, ‘‘The ‘Justice Gap’ for Sex- ual Assault Cases: Future Directions for Research and Reform,’’ SAGE Journals, March 20, 2012 research article ........................................................ 144 Renda, Emily, Project Coordinator for Sexual Misconduct, University of Vir- ginia, Charlottesville, Virginia, letter ................................................................ 168 CAMPUS SEXUAL ASSAULT: THE ROLES AND RESPONSIBILITIES OF LAW ENFORCEMENT TUESDAY, DECEMBER 9, 2014 UNITED STATES SENATE, SUBCOMMITTEE ON CRIME AND TERRORISM, COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to notice, at 10:04 a.m., in Room SD–226, Dirksen Senate Office Building, Hon. Sheldon Whitehouse, Chairman of the Subcommittee, presiding. Present: Senators Whitehouse, Schumer, Klobuchar, Franken, Blumenthal, and Grassley. OPENING STATEMENT OF HON. SHELDON WHITEHOUSE, A U.S. SENATOR FROM THE STATE OF RHODE ISLAND Chairman WHITEHOUSE. The hearing will please come to order. Let me welcome Senator Schumer and Senator Grassley and Sen- ator McCaskill. We will be joined shortly by Senator Gillibrand as well to make some brief remarks and Senator Graham is expected to join us. He is the Ranking Member on this Committee. Senators McCaskill and Gillibrand have worked tirelessly to shed light on the scourge of sexual violence both on our college campuses and in our military. Senator McCaskill and Senator Heller are the lead cosponsors and worked very, very hard to develop along with Senators Gillibrand, Grassley and others, legislation that makes comprehensive changes in the area of campus sexual assault. We hope this hearing will help inform their work. I would like to acknowledge, as well, the commitment of Chairman Leahy, who last year shepherded the Violence Against Women Act through this Committee and into law. As you know, VAWA requires colleges to be more transparent about sexual assaults and other offenses com- mitted on campus. In my home State, Attorney General Peter Kilmartin and Rhode Island’s universities are working with me on developing best prac- tices and advising me in these legislative efforts. I want to express my appreciation to our very robust higher education community in Rhode Island and to our Attorney General. Finally, I would like to thank all of our witnesses today for join- ing us. I know that you work day in and day out to help survivors who are seeking closure and justice. I look forward to hearing more about your efforts. (1) 2 Campus sexual assault is not a new phenomenon. The last few years have shed light on just how pervasive it has become, with some estimates suggesting that as many as one in five women may experience sexual violence in college. Reports of sex offenses on col- lege campuses rose 50 percent from 2009 to 2012 according to Fed- eral data. The vast majority of offenses, up to 90 percent, are be- lieved to go unreported. This issue has risen from whispered hallway conversations to an impassioned national debate. It has rightly become a priority for university board rooms, for police departments, and even for the White House with its dedicated task force and its ‘‘It’s On Us’’ cam- paign. Innovations in the private sector include products to prevent sur- reptitious drugging and video games and smartphone apps de- signed to protect women and encourage bystanders to step in and prevent situations from developing into crimes. Senators McCaskill and Gillibrand’s Campus Accountability and Safety Act proposes an array of reforms in institutions of higher learning. The purpose of today’s hearing is narrower, the role of law en- forcement in response to sexual assaults on campus. As a former United States Attorney and as the Attorney General for my State, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault. I am concerned that the specter of flawed law enforcement overshadows the harm of marginalized law enforcement. Anything can be done badly, but law enforcement done right makes sure forensic and electronic evidence is properly collected and preserved. It empowers the victim and informs her of her con- tinuing power through the stages of investigation and prosecution. It brings professionalism and tools like subpoenas and grand jury in the place of amateur university investigations. It eludes the built-in conflict of interest of a university that wants the sexual assault problem minimized or hushed and it sends an important societal signal when after a rape the crime scene has police tape up and evidence vans and officers taking statements, a signal that what happened was serious. At its best, law enforcement response is victim-centered and well coordinated with medical, mental health and advocacy professionals. When a rape victim is steered away from law enforcement based on uninformed choices about proceeding or because the relationship between the university
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