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3 years after rape at Vanderbilt, progress but work to be done

Stacey Barchenger, and Adam Tamburin
The Tennessean
Clockwise from left: Brandon Vandenburg, Cory Batey, Brandon E. Banks and Jaborian "Tip" McKenzie were convicted in the June 23, 2013, rape of a woman in a Vanderbilt University dorm room.

In the three years since authorities say four football players raped an unconscious woman in a dorm room at Vanderbilt University, there have been three trials and only two convictions.

The rape occurred three years ago Thursday. The case became a pivotal part of the growing national dialogue on sexual assault, shedding light on a crime that has been historically underreported.

Victims advocates cheered as it brought added support for victims and prompted change at Vanderbilt, though student leaders say there is still work to be done.

"We don't want this to take a break and we don't want to lose the momentum," said rising junior Sara Starr, a student working with administrators and peers on the issue. "No one has it right, and there's going to be a lot more work to do even for universities that are doing their best.”

Advocates said the case was a catalyst for victims to come forward, to share their stories. They attributed a statistical increase in crimes not to increased frequency, but to more people speaking up. They said the case shows the resources and time authorities are willing to put in seeking justice for victims.

But some fear it also sends a second message. One of waiting and facing your rapist in court, again and again and again.

"And we’re not done, and it’s three years later," said Sharon Travis, prevention and community outreach specialist at the Nashville Sexual Assault Center. "No wonder survivors don’t want to come forward."

Related:From 2013 to today, read more about the Vanderbilt rape case

Campus police investigating vandalism inside Gillette Hall dorm noticed something suspicious that occurred in the early morning hours of June 23, 2013: four football players going into a room carrying an unconscious woman with them. That led to a police investigation, the discovery of photographs and videos of sexual assault and the indictments of the four football players.

It is a prominent national example of sexual assaults on campus. The problem is widespread.

Federal education officials have launched hundreds of investigations into colleges across the country that have been accused of mishandling reports of sexual assault. Investigations at Vanderbilt and two other Tennessee campuses are ongoing; a federal lawsuit filed in February includes allegations that student culture at the University of Tennessee-Knoxville enabled sexual assaults by student-athletes.

The six-month jail sentence handed down earlier this month for Stanford University swimmer Brock Turner was criticized as too lenient. Baylor University in Texas faces allegations in lawsuits it did not investigate reports of sexual assault. An external review led to the removal of the university president and sacking of football coach Art Briles.

Nashville Deputy District Attorney General Tom Thurman, who postponed his retirement nearly three years to keep working on the Vanderbilt case, said publicity of high-profile cases spurred necessary discussion.

"It's obviously been brought to the forefront and people are being forced to address it," he said.

As more cases make national media headlines, more victims at Vanderbilt and other Tennessee schools have stepped forward to report sexual assaults. Campus rape reporting has climbed steadily in recent years, according to data from the Tennessee Bureau of Investigation. A report released in March showed campus rape reports jumped by nearly 10 percent, from 51 to 56 statewide, even as overall crime fell by 7 percent.

At Vanderbilt, the high-profile rape case has given context and specificity to a problem that once lingered in the shadows.

The first trial took place in the heart of the spring semester in 2015. The second trial captured attention again last semester. The third just ended.

During the trials, students talked through issues of consent and date rape over dinner at the dining hall and posted news stories on Facebook. Classes and student groups hosted panels to discuss the issues in real time.

Starr, the Vanderbilt student, arrived at the university in 2014, more than a year after the rape took place. But she has seen its long-term impact as students and administrators have collaborated to address lingering problems.

"That is an incredibly public incident and example of something that happens on college campuses far too frequently,” Starr said. “It’s definitely allowed for people to really have a concrete way to have a conversation that people have been wanting to have but didn’t necessarily have the words.”

Administrators have responded by adding training and support, including dedicating a building for the Project Safe Center, which provides sexual assault education and victim resources. Vanderbilt’s student government established a committee to address the issues on its own, pushing for campuswide education programs and resources for victims of sexual assault.

As the first trial and two retrials drew headlines, Starr saw a growing desire for collaboration between students and campus leaders. Starr said administrators have shown “an increased willingness” to take recommendations from the student committee. Starr said students successfully pushed for training for campus security guards to recognize warning signs.

Likewise administrators credit the students for stepping up.

"One of the most important changes in the last three years has been the engagement of, and leadership by, students on our campus in addressing the issue of sexual assault," a statement from Vanderbilt University Vice Chancellor for Public Affairs Beth Fortune reads. "Our students are important partners in raising awareness with their peers, implementing national programs on the Vanderbilt campus and engaging professionally and productively with campus leadership to address the issue of sexual violence that is all too common on college campuses across the country."

Starr told The Tennessean she was sexually assaulted on campus as a freshman. That's why, she said, she got involved to make changes at the university. The Tennessean generally does not name victims of sexual assault, but Starr agreed her name could be used.

She said she and her peers would work through the summer to make improvements for other victims.

A campus climate survey released earlier this year suggested many sexual assault victims at Vanderbilt are unsure of what resources are available to them. Starr and the committee are trying to develop more effective education that puts students face to face with advocates, particularly during the first months of freshman year, or “the red zone,” when sexual assaults tend to be especially prevalent.

The university has made changes focusing on that red zone, emphasizing sexual assault during first-year student orientation and including prevention information for athletes who arrive in the summer before the academic year. Security in residence halls also has been enhanced, Fortune said. Improvement efforts are continuing, she said.

The student committee also will be reviewing and editing the university’s sexual misconduct program.

While the remaining challenges are daunting, Starr said she and her peers have seen multiple successes in a relatively short period of time.

"Vanderbilt’s culture in regards to sexual assault and in regards to rape culture is shifting," Starr said. "That’s a powerful thing to be a part of.”

Case update

Four former Vanderbilt football players were charged in the rape, which occurred June 23, 2013. All were charged with five counts of aggravated rape and two counts of aggravated sexual battery. Here is the status of their cases:

Brandon Vandenburg, 23, found guilty on all counts June 18 after a six-day trial. No sentencing date has been set. He faces at least 15 years in prison.

Cory Batey, 22, found guilty of three counts as-charged and four reduced crimes April 8 after a five-day trial. His sentencing is scheduled for July 15. He faces at least 15 years in prison.

Brandon E. Banks, 22, has pleaded not guilty and his case is pending. He is playing football at Lane College in Jackson, Tenn.

Jaborian "Tip" McKenzie, 21, has pleaded not guilty and his case is pending. He has testified as a state's witness in both Vandenburg's and Batey's trials. He is playing football at Alcorn State University in Mississippi. Plea negotiations will begin in his and Banks' cases after the sentencing of Batey and Vandenburg. If those are not successful, there could be two more trials.

Crisis line

The Nashville Sexual Assault Center's crisis line is available to help victims and their families. Call 800-879-1999.