We live in a world were victims of rape face jail
time for naming their accusers who video taped and photographed her, but the
rapists have a right to privacy. And now, a college rape survivor is facing
expulsion for “intimidating” her rapist.
Jezebel’s Katie
JM Baker wrote about it. Last month, Melinda Manning, the former University
of North Carolina assistant dean of students, three students, and one former
student filed a complaint with the US Department of Education’s Office of Civil
Rights on behalf of themselves and 64 other unnamed sexual assault survivors,
alleging university officials pressured Manning into under reporting 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 Acts of 1964 and Title II of the Americans with
Disabilities Act.
Current sophomore Landen Gambill, one of the
students named in the case, claims she is being punished by the Office of
Student Conduct for “intimidating” her rapist by speaking to the press about
her sexual assault. Gambill told The
Daily Tar Heel and other outlets about her traumatic experience reporting
her assault. The December 5th, 2012 article said:
“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.”
Gambill was continually abused-sexually and
verbally-by her long-term boyfriend during her freshman year. After the
relationship ended, she was stalked for months, threatened, and harassed. She
pressed charges within the Honor Court. During the trial, Gambill said she was
forced to answer irrelevant and inappropriate questions. She said, “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?’”
Gambill claims the court employed her history of
clinical depression and her suicide attempt which resulted from the abusive
relationship against her. She said, “They implied that I was emotionally
unstable and couldn’t be telling the truth because I had attempted suicide.”
On Janurary 29th, ten days after the
OCR case broke, Landen receive an email from Elizabeth Ireland, the Graduate
& Professional Schools Student Attorney General, who wrote that she
“received a report of a possible violation of the Honor Code on which you are
listed as the reporting party.”
Landen knew she hadn’t done anything wrong
because she hadn’t even publicly identified her rapist (he lives across the
street from her on campus); she ignored the warning and told her story.
Last Friday, Gambill received another email from
Ireland, which claimed she had determined that sufficient evidence existed to
refer the matter to the Honor Court:
“Accordingly, you are being charged with the
following Honor Code violation(s): II.C1.c.-Disruptive or intimidating behavior
that willfully abuses, disparages, or otherwise interferes with another (other
than on the basis of protected classifications identified and addressed in the
University’s Policy on Prohibited Harassment and Discrimination) so as to
adversely affect their pursuits, opportunities for University employment,
participation in University-sponsored extracurricular activities, or opportunities
to benefit from other aspects of University Life.
“This decision was reached because the evidence
provides a reasonable basis to believe that a violation of the Honor Code may
have occurred. Please note that being charged with a violation does not imply
guilt. It simply means that sufficient evidence of a possible violation exists
to warrant a hearing before the Undergraduate Honor Court.”
If Landen is found to have “intimidated” her
rapist and “adversely” affected his life she could be sanctioned with the
following”
“Expulsion (precludes matriculation at any UNC
constituent institution)Permanent SuspensionDefinite or Indefinite SuspensionDefinite or Indefinite ProbationWritten WarningGrade PenatlyEducation AssignmentConduct Sanctions (such as community service and
restitution)Loss of Privileges”
Laden attended the preliminary Honor Court
meeting and asked whether she could have violated the Honor Code by saying she
was raped; the answer is yes.
“This type of gross injustice is the reason why
UNC students are speaking out and demanding answers. The reason why I’m so
vocal about this isn’t because I just want justice for my case. I want to make
sure no one else has to go through this if they want to report an assault to
the university.”
People suck. I'm not really sure how to proceed except to say I hate everyone and everything. I'm not clear on why rape victims face stiffer penalties than their rapists. Nor do I understand why we protect the privacy of rapists and not their victims because rape victims never seem to get to keep their privacy.