College Rape Survivor Faces Potential Expulsion For ‘Intimidating’ Her Rapist

[redqueen]

Last month, former University of North Carolina assistant dean of students Melinda Manning, three students and one former student filed a complaint with the U.S. Department of Education's Office of Civil Rights on behalf of themselves and 64 other unnamed sexual assault survivors, alleging that university officials pressured Manning into underreporting cases and violated the Campus Sexual Assault Victims' Bill of Rights, the Clery Act and the Family Educational Rights and Privacy Act (FERPA), and equal opportunity mandates under Title IX of the Education Amendments of 1972, Titles VI and VII of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act.

Now sophomore Landen Gambill, one of the students named in the case, says she's being punished by the Office of Student Conduct for "intimidating" her rapist by speaking to the press about her sexual assault.

Gambill recently told The DailyTar Heel and a variety of other outlets about her traumatic experience reporting her assault to the administration. From a December 5th, 2012 article:

"It's incredibly clear that those people had no idea what sexual assault is, what consent is," said Landen Gambill, a sophomore whose assault case was processed by interim procedures.

"They were not only offensive and inappropriate, but they were so victim-blaming. "They made it seem like my assault was completely my fault."

...

Those actions lead her to press charges with the Honor Court. In her trial, Gambill said she was forced to answer irrelevant and inappropriate questions.

"The woman student said to me, ‘Landen, as a woman, I know that if that had happened to me, I would've broken up with him the first time it happened. Will you explain to me why you didn't?'" she said.

...

Landen said that she attended a preliminary Honor Court meeting and asked whether she could have violated the Honor Code simply by saying she was raped; the answer was yes.

...

http://jezebel.com/5986693/college-rape-survivor-faces-potential-expulsion-for-intimidating-her-rapist

[CurtEastPoint]

1. And yet Fox host says it doesn't happen:

http://www.huffingtonpost.com/2013/02/20/bob-beckel-college-rape-guns_n_2726173.html?utm_hp_ref=media

[redqueen]

2. Wow. nt

[gollygee]

4. Holy crap. n/t

[Rex]

17. Stupid person.

Soxnews shares a braincell among the entire staff. They have to pass it around. What a stupid thing to say! I hope he gets fired for saying it.

[mountain grammy]

29. Fired? He'll probably get a raise! They're well paid for this crap.

[Rex]

32. Oh no doubt! Probably get a promotion!

[NewJeffCT]

22. Beckel is one of their token Democrats, too

on Fox

[ronnie624]

28. Incredible.

They sure wanted to move on after that moment. The lot of them are idiots.

[Butterbean]

3. Ugly things have been coming to light lately about UNC and how they handle rape complaints.

As a local resident, to say I am not pleased by the administration's behavior is a gross understatement.

[redqueen]

5. Rape is being downplayed and rape victims denied justice at many campuses. (trigger warning)

Last edited Tue Feb 26, 2013, 01:39 PM - Edit history (1)

This is far from an isolated incident

Trigger warning
http://amherststudent.amherst.edu/?q=article/2012/10/17/account-sexual-assault-amherst-college

[Butterbean]

7. Holy mother of crap. That is just...........oh my God.

[ellie]

23. Oh my god

Who the fuck do they think they are? She handled it better than I. I would have burned the fucking place down.

[Butterbean]

46. Pretty much this. I read that with my eyes bugging out of my head

and my jaw agape. I just cannot believe the way she was treated. It makes my blood boil and it makes me furious. What kills me probably the most is that the dean at the time who was the ringleader in mistreating and stomping this girl down was FEMALE. Hello??? How in the HELL could she treat another woman like that who was a victim of SEXUAL ASSAULT and still go home and look at herself in the mirror? I just cannot wrap my brain around it.

[MotherPetrie]

6. Evil fuckers

[seabeyond]

9. No. A rape culture where we are conditioned to behave in this manner.

We need to address it not as evil people but bringing awareness. Because we cannot just take care of one or two people. it is across the nation and around the world.

[MotherPetrie]

15. Oh, please. They are perfectly aware. This was a conscious choice.

[redqueen]

11. Here is how one journalist said what sea said above.

Quick fixes are so tempting when the problem is big and the process of self-reflection is painful, but there is no other way. If we want to stop violence against women then we must create a society that values women, not one that makes it harder to rape women.

http://www.dailymaverick.co.za/opinionista/2013-02-13-living-while-female-is-the-worst-crime-of-all/

[MotherPetrie]

16. Tell that to the evil fuckers at UNC. This is about them, and don't tell me they didn't know what

exactly what they were doing.

[redqueen]

20. The young woman, the other student who was victim-blaming...

I imagine she was ignorant of how wrong her ideas about responsibility are.

The administration of the school, which pressures women to STFU so their reputation isn't tarnished, that's a different story. And it is so common.

[el_bryanto]

8. Mike Adams who writes continuously about who tough it is to be a conservative

on campus teaches at University of North Carolina - Wilmington. I can't tell if it's the same campus, but he paints his campus as a hot bed of liberalism and left wing oppression. He's also a total asshole and a bit of liar, so not sure if he's representation is accurate.

He also opposes wearing T-Shirts that say "Gay - Fine by me."

Bryant

[redqueen]

10. Who? Was he quoted or something?

Not sure how he fits into this discussion...

[el_bryanto]

13. Sorry - just someone who comes to mind when UNC is brought up

I wrote about him a lot back when I was blogging - he's a piece of work.

[Blue_Tires]

12. Wilmington and Chapel Hill are two different places...

[el_bryanto]

14. Thanks for the clarification - i didn't see the Chapel Hill reference and I'm not familiar with UNC

[CRK7376]

36. The UNC system

consists of 17 universities under the UNC umbrella. UNC CHapel Hill being the largest, best known in the system. A series of great schools both large and small bringing higher education to the masses. Both our sons attend UNC schools, one at the smallest in the system, UNC School of the Arts(very, very, very liberal as is our son(both sons are liberals), the other at UNCWilmington. Of cousre our governor and other current idiots in charge of State Govenment want to remove the Liberal Arts from the UNC system and produce only college programs that allow the student to gain beneficial employment etc....but that's another topic in the discussion forums....

[obamanut2012]

21. This is Chapel Hill

And, Chapel Hill, both the town (the entire area, actually) and UNC are very liberal. Wilmington is NOT liberal.

Carolina has a lot of egg on their face for this, and it is playing very badly both locally and in academic circles, because it's Chapel Hill.

[CRK7376]

35. My son is a Freshman

at UNCW and he and most, if not all his friends at UNCW, are liberal, supporting Obama and the progressive side. He hasn't mentioned this guy.

[jmowreader]

44. There are 16 campuses in the UNC System

When you see "UNC" without a city name behind it they're talking about the Chapel Hill campus.

UNC-Wilmington is on the coast.

[Rex]

18. Horrible.

They know what sexual assault is Ms. Gambill, they just don't care.

[Blue_Tires]

19. Why on earth would she go to the honor court instead of the "real" police?

At least she's shedding more light on one of the dirtier secrets of our American universities -- It's damn near impossible to get expelled...I've known of serial rapists, drug addicts/dealers, burglary rings, repeated drunk drivers, academic cheats, attempted murderers, extortionists, stalkers, etc. who have all made it to graduation day.

The ONLY surefire way to immediately get kicked out of college is to not pay your bills...End of list...

[obamanut2012]

24. She did report this to the authorities

[SunSeeker]

26. And the police did nothing?

The article says nothing about it being reported to the police. By "authorities" do you mean police?

[obamanut2012]

40. The issue is the article is about a campus matter, not the criminal matter

THAT is what everyone is pissed at -- the two should be linked.

[SunSeeker]

25. Rape is a CRIME. Why have there been no charges filed with the POLICE? nt

[redqueen]

27. Rape culture says some rapes arent 'rape rape'.

Many colleges and universities treat sexual assault like a code violation.
http://cognoscenti.wbur.org/2013/02/11/college-rape-eileen-mcnamara

[SunSeeker]

31. It is first and foremost a crime, and should be treated that way.

Thanks for the article. I agree with its observation that colleges need to get out of the law enforcement business and start turning over all sexual assault allegations to police, refocusing their own efforts on educating students about rape to prevent attacks that are as commonplace as they are underreported.

[Fawke Em]

45. When I was a college reporter and trying to wrest crimes

as being part of FERPA - meaning, they are crimes and they should be as reportable as any crime reported to the city police - I had many long conversations with disciplinary deans about why those reported to them aren't "crimes."

Their idea was, because it wasn't reported to a court of law, it wasn't a "crime," but a disciplinary action.

While I got their legal definition, I didn't buy it.

My fellow school reporters and I from the University of Tennessee sued the U.S. Department of Education and it's then secretary, Lamar Alexander, our university's former president, and won in summary judgment. The federal court judge found that preventing the exposure of these crimes violated the 1st, 4th and 14th Amendments to the U.S. Constitution.

How are these schools skirting that court ruling?

[redqueen]

60. That is a very good question.

Little/no oversight/enforcement would be my first guess.

[Initech]

30. Some truly evil shit here.

[truebrit71]

33. But let's get more outraged over Seth McFarlane and the Oscars, yes?

THIS issue should garner so much more attention than "We saw your boobs"...

On topic: There is something intrinsically foul and repugnant with this "honor" code...

[redqueen]

34. Misogyny exists on a continuum.

See the quote in post 11.

Treating women with respect is important. Men aren't required to 'show their (anythings)' to be successful actors, because as men they're not subjected ubiquitous objectification.

[ancianita]

39. I'm for examining a misandry continuum, to see what works as a deterrent to rape.

[redqueen]

43. Better to work towards a society that values and respects women,

that action will result in fewer rapes.

[ancianita]

55. Sure, because it's so "evolutionary" in concept. But a 'swerve' here and there might help, as well.

[bettyellen]

53. are you saying men get offended (by misandry) into raping women?

can you clarify your post please? I'm sure your not saying that.

[ancianita]

54. Of course not. I'm saying that misandry is defensive, and that defensive systems can be set up.

[ancianita]

57. Women's nonviolent approaches haven't worked -- at any level -- from the familial to the state level

Women, right now, are barely getting a legal foothold into patriarchal legal systems. Look at how Republican males are treating their Republican colleagues. Look at how ALEC is suddenly back on the patriarchal march across fifty states. Every time there's one step forward women are PUSHED two steps back.

After decades of women intentionally not approaching the problems of rape culture on men's terms -- by meeting force with force -- perhaps it's time to do just that ...

[bettyellen]

58. oh thanks for clarifying. gosh, i do agree menkind are not setting a great example for us to follow

Last edited Wed Feb 27, 2013, 05:20 PM - Edit history (2)

- with use of force. But yeah, a lot seem married to their physical role in all this- all the "work they've done" and claims they are supposed to be "white nights". You'd think us women set up forced labour camps for men or something. It's bizarre how put upon them claim to be. I have to ask men in RL if they ever feel this way.
Thanks for the thoughtful response when I completely misread you!

[ancianita]

59. i'm not saying that they're "setting a great example." But at this point, "men's terms" might be

the only terms male dominated 'systems' -- official and unofficial -- understand and respect.

[bettyellen]

61. Sorry! I'm so sleep deprived, that got garbled. Using men's terms is definitely something

something to consider. Anything short of violence might work for me!
Tks for your patience. I totally need a nap.

[obamanut2012]

41. McFarlane made a joke of women being raped

in the so-called "boob song, and I won;t even get into the Rhianna getting beaten "joke."

That is related to this.

[truebrit71]

49. No he didn't. But nice try though.

[ancianita]

56. Any "joke" that tries to get an oppressed class to 'get' the humor isn't funny.

Nor is it 'post' anything. The 'joke' is still at the expense of the oppressed of that class who suffer, and the other members of that class certainly know that their empathic feelings are more authentic than any manipulated laugh. So no. Not funny.

[Smilo]

37. Contemptible

that a young woman would be courageous enough to step forward about her rape and be vilified and dishonored. To say that it was unthinkable that she was raped because she admitted being depressed and had attempted suicide - what century is this university living in. This is not, and never should be, an honor code matter. And because of the way the university handles things the local police should investigate.

The university needs to have its federal funds put on hiatus until they can truly say the campus is as secure as they can make it and take steps to bring to justice the rapists/attempted rapists.

A woman should be able to be safe - where ever she lives, what ever she does - yes even prostitutes should be able to go to the police when raped and not have to worry about being berated because "she was asking for it".

[redqueen]

38. This is fairly common.

http://amherststudent.amherst.edu/?q=article/2012/10/17/account-sexual-assault-amherst-college

http://cognoscenti.wbur.org/2013/02/11/college-rape-eileen-mcnamara

[Smilo]

62. :-(

I told my husband about this and he showed me this -
http://www.crisisconnectioninc.org/sexualassault/college_campuses_and_rape.htm

60% of male college students “indicated some likelihood of raping or using force in certain circumstances.”
Men in fraternities appear to engage in more non-physical coercion and use of drugs and alcohol as a sexual strategy than do independents.
Every 21 hours there is another rape on an American college campus.
90% of all campus rapes occur under the influence of alcohol.
Men are more likely than women to assume that a woman who drinks alcohol on a date is a willing sex partner. 40% of men who think this way also believe it is acceptable to force sex on an intoxicated woman.
Alcohol use at the time of the attack was found to be one of the four strongest predictors of a college woman being raped.
43% of college men admit using coercive behavior to have sex, including ignoring a woman’s protest; using physical aggression; and forcing intercourse; 15% acknowledged they had committed acquaintance rape; 11% acknowledged using physical restraint to force a woman to have sex.
College rape victims receive external physical injuries in over 47% of all rapes.
Of the college woman who are raped, only 25% describe it as rape.
Of the college women who are raped, only 10% report the rape.
College women are most vulnerable to rape during the first few weeks of the freshman and sophomore years.
One in twelve college-age men admit having fulfilled the prevailing definition of rape or attempted rape, yet virtually none of these men identify themselves as rapists.
34% of completed rapes and 45% of attempted rapes take place on campus. Almost 60% of the completed campus rapes that take place on campus occur in the victim's residence, 31% occur in another residence, and 10% occur in a fraternity.
3/4 of off-campus rapes and 7/8 of on-campus rapes involved perpetrators who were known to the victims.
78% of the men identified (as rapists) were an acquaintance, friend or boyfriend of the victims.
Most rapes occur on the weekend.


Until the police and courts accept that rape - no matter the circumstances - is wrong, young women are at the mercy of men.

[joeybee12]

42. Freaking unbelievable...nt

[TeamPooka]

47. it's an institution of Lower Learning. nt

[Comrade Grumpy]

48. Uh, is there any evidence this woman was actually raped?

The Jezebel piece linked to doesn't get into that.

Some comments on the piece suggest not.

I tried a Google search and didn't come up with much.

Has she filed a criminal complaint?

Has anyone been arrested?

Has the case been adjudicated anywhere?

The suggestion is that there is systematic mishandling of these things at UNC, which certainly merits looking into, but if Gambill is making false allegations, that's a serious matter, too.

[redqueen]

51. So not surprised to see you waving the 'false rape' flag.

http://www.slate.com/blogs/xx_factor/2012/10/25/after_angie_epifano_amherst_rape_victims_speak_out_no_wonder_college_students.html

http://www.nytimes.com/2012/10/27/education/amherst-account-of-rape-brings-tension-to-forefront.html?pagewanted=all&_r=0

http://cognoscenti.wbur.org/2013/02/11/college-rape-eileen-mcnamara

I'm sure its all just a huge conspiracy among women, right?

[Comrade Grumpy]

52. Just asking for basic facts, but not surprised that you're not surprised.

I see you still haven't provided any for this particular case.

I think rape on campus is a serious problem. That doesn't mean we don't examine claims.

[alp227]

63. So people should start having skepticism rather than sympathy for women who say they were raped?

Sheesh. I must question the basic human dignity of anyone who wants to play armchair detective in the first instinct after hearing about a woman's story of rape.

[nomorenomore08]

64. Sexual assault seems to be the only crime where people knee-jerk believe that an allegation is false

Now logically, one wouldn't think that false rape accusations are dramatically more common than false accusations of any other crime against a person. And yet victims of say, robbery or aggravated assault, are never (or almost never) so readily disbelieved.

[alp227]

50. Let's call this a UNCYA, Penn State/Paterno cover-up...

UNC is covering its ass about this serious issue, taking the Penn State silence attitude about a serious problem.