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In-depth: Vanderbilt University's evolving sexual assault policies

Tony Gonzalez
tgonzalez@tennessean.com
In changing its sexual assault prevention plan, Vanderbilt University rolled out a series of mandatory videos for students to view.

In the wake of a June 23 rape inside a Vanderbilt University dorm room, current and former campus officials, as well as sexual assault survivors, discussed sexual violence on campus with The Tennessean.

Officials have insisted that campus prevention efforts, misconduct policies and survivor services are cutting-edge and more extensive than what is required by federal law.

Yet a federal complaint filed by six current and former female Vanderbilt students has prompted an investigation.

Vanderbilt went through a "painstaking revision" of policies beginning in 2011, following a prior overhaul in 2008, ahead of a federal deadline aimed at all institutions.

Changes include:

• Sexual assault and misconduct investigations were shifted to the office of Equal Opportunity, Affirmative Action and Disability Services, which has a trained legal staff. The Conduct Council no longer hears sexual misconduct cases.

• The policy was expanded to include "date rape" drugs as a means of incapacitation.

• The policy clarifies how the university responds to assaults. Employees are generally obligated to report incidents to supervisors, but students can keep details confidential by speaking with campus health professionals at the Psychological and Counseling Center or Student Health Center, or with campus clergy.

• Incoming students must watch a 30-minute sexual assault video series and take a quiz — 1,755 of 1,845 students did so before classes began this year. The video "encourages students to create an environment in which sexual violence won't be tolerated and in which people will actively intervene," said Mark Bandas, associate provost and dean of students. The videos break down myths, ask students to report sexual predators, outline state law and detail campus resources.

• The women's center oversees the "Green Dots" program, which asks students to protect one another and to openly discuss changing the culture.

• When a rape does occur, the university's response can include therapy and accommodations, such as adjusting student class schedules, housing or parking arrangements.

Defining sexual violence

Vanderbilt recently clarified its sexual misconduct policy to include educational explanations and definitions of some of the most important concepts in sexual relationships and assault investigations.

Incapacitation: The inability to make a rational, reasonable decision can result from the taking of GHB, Rohypnol, Burundanga, Ketamine, or other sedatives or "date-rape" drugs, or excessive use of alcohol or other drugs. It is the burden of the person wishing to engage in sexual activity with another to specifically determine the potential sexual partner's ability to provide "effective consent."

Effective Consent: Consent that is informed, freely and actively given, and consists of mutually understandable words or actions, indicating a willingness to engage in mutually agreed-upon sexual activity. The policy is based on the requirement to obtain effective consent (communicating "yes" by word or action) rather than denial (saying "no").

Effective consent can be revoked at any time; previous sexual relationships of the accused or accuser are irrelevant. It cannot be implied by attire, inferred from the buying of dinner, the spending of money on a date, or being invited to a person's residence.

A person who is incapacitated as a result of alcohol or other drug consumption (voluntary and/or involuntary), or who is unconscious, unaware, asleep, or otherwise physically helpless, is incapable of giving effective consent.

Source: Vanderbilt University Sexual Misconduct Policy 2012-13