Abstract
This case study explores the legal and ethical issues surrounding the reporting of a sexual assault on the campus of a religious university with a rigid code of conduct. Student affairs professionals at religious institutions may encounter difficulty in following university protocol in situations where the student accused of an infraction has also been victimized in the same situation. Other factors that may complicate a conduct situation include scholarship requirements, athletic eligibility, social repercussions, and ability to remain in student leadership positions. Institutions must carefully navigate both the unintended and inconsistent consequences that an unflinching commitment to disciplinary protocol may introduce.
Primary Characters
Elizabeth (she, her, hers) – Elizabeth is an Assistant Director working in a student conduct office at a religious institution. In her position, she is responsible for providing recommendations on appropriate disciplinary action for students found responsible for violating policy. Although the code of conduct is strictly enforced, her supervisors are supportive and occasionally provide her with creative freedom in determining appropriate disciplinary procedures.
Lindsey (she, her, hers) – Lindsey works in the university Title IX office. She is responsible for helping to investigate sexual abuse allegations and collecting testimonies from both parties. She works closely with Elizabeth in the student conduct office when sexual harassment and assault allegations arise.
Isabel (she, her, hers) – Isabel is a junior marketing major. She is the oldest of seven children and can afford to attend university by means of a large academic scholarship. Isabel has a 4.0 GPA, is the president of the university’s Women in Business student organization and is highly involved in Fellowship of Christian Athletes (FCA). She has recently gone through a difficult breakup.
Brian (he, him, his) – Brian is a senior political science major and is Isabel’s former boyfriend. He is an only child from an affluent background and his parents are alumni of the university he attends. Brian is well-known and well-liked on campus, participating in several student organizations, including FCA.
Keywords: student conduct, alcohol, Title IX, religious institutions
Institutional Context
Mountain Top University (MTU) is a private, religious institution in the Midwestern region of the United States with Division 1 athletics. A medium-sized school with approximately 15,000 students, Mountain Top has a rigid code of conduct, and rules are strictly enforced. Students holding leadership positions on campus, athletes, and institutional scholarship recipients must maintain a clean conduct record to retain these titles and benefits. Most students on campus are devoutly religious and are encouraged to report conduct and honor code violations as a matter of spiritual concern.
Case
Elizabeth enjoys her job working in student conduct at MTU. While she identifies closely with her faith, she sometimes struggles with the severity of the code of conduct and occasionally questions what the learning outcomes are of punitive consequences. Elizabeth hopes that she can make a difference at her institution by advocating for grace and understanding in situations that may warrant leniency.
Recently, as she has been investigating a case involving students Isabel and Brian. Elizabeth has been working closely with her colleague, Lindsey, who works in the Title IX office. Lindsey recounts to Elizabeth that the Title IX office received information from a close friend of Isabel’s that Isabel had been sexually assaulted by her ex-boyfriend, Brian, at a party off campus. The friend stated that Isabel had become withdrawn and eventually told the friend what had happened roughly one week after the incident took place.
When Lindsey began investigating the situation and collecting information from Isabel, she learned that Isabel did not seek medical care after the assault or report the incident to school officials as she had consumed alcohol at the party. Partaking in the consumption of alcohol, regardless of age, is against MTU’s honor code and Isabel was fearful that reporting her assault would lead to disciplinary action against her.
After Lindsey’s team reported the incident to local police, an investigation took place, but no charges were filed as both Isabel and Brian were 21 and there was no physical evidence to prove that the alleged assault had occurred. Because both students ultimately admitted to having been drinking at the party, Lindsey is referring both Isabel and Brian to MTU’s student conduct office.
Elizabeth has now met with both Isabel and Brian. Isabel has been compliant with all aspects of the conduct investigation but remains extremely fearful. Reeling from the investigation and perceived betrayal committed by her friend in reporting the incident, Isabel is already struggling in her courses and has been receiving counseling after her alleged assault. However, if MTU proceeds with disciplinary action against her, she fears being ostracized from her student groups, having to step down from her leadership position, and losing the academic scholarship without which she would not be able to attend MTU. At the very least, losing her scholarship would force her to disclose her assault to her parents, regardless of whether she feels ready to discuss it with them.
While Isabel has faced her circumstances alone, Brian has received unwavering support from his parents (well-known alumni of and major MTU donors), his friends, and a legal team. Because Brian does not have an academic scholarship, nor does he hold any positions of leadership, his consequences for violating the same alcohol consumption rule as Isabel is far less severe. If MTU shows leniency to Isabel and allows her to keep her scholarship and leadership positions, Brian’s legal team has threatened to sue the university.
Elizabeth is burdened by the situation and is nervous for what repercussions may lie ahead based on her disciplinary recommendation for the students.
Discussion Questions:
- What are Elizabeth’s options for disciplinary recommendations in both Brian and Isabel’s conduct cases? How might she think outside the box to allow leniency for Isabel without legal repercussions for MTU?
- How might MTU’s code of conduct discourage victims from being able to seek justice after a crime has been committed?
- What additional resources can MTU offer Isabel that may help her cope with financial distress, post-traumatic stress, and potential loss of community support on campus?
- What campus resources might be appropriate to recommend to Brian and Isabel’s roommates?
- While concern for students’ spiritual well-being is important at MTU, how can conduct staff members encourage a campus culture that values personal responsibility and prohibits retaliatory reporting?
- How does MTU’s code of conduct impact students disproportionately even when the consequence for each infraction is consistent?
Author Biography:
Rachel Mustin (she, her, hers) is an Assistant Director of Student Services in the College of Arts and Humanities at Clemson University. She is also a second-year student in Clemson University’s Master of Student Affairs program. She holds a Bachelor of Science in Human Services Psychology and has over 10 years of experience in higher education in university admissions and academic advising.