University implements new model for investigating sexual assault cases

UNIVERSITY PARK, Pa. — Following the work by a University task force that made recommendations for addressing sexual assault and harassment, Penn State’s Office of Student Conduct is piloting a new investigative model to handle cases of sexual misconduct, including having an investigator specifically for those cases.

In February, President Eric Barron  accepted all 18 of the recommendations the Task Force on Sexual Assault and Sexual Harassment made, pledging the University’s commitment to being a leader when it comes to addressing those issues. The change in how sexual misconduct cases are handled is in keeping with those recommendations, which the University has already begun to implement.

“We’re hopeful this process will remove barriers and more people will feel comfortable coming forward,” said Danny Shaha, senior director of the Office of Student Conduct.

Under the new approach, sexual assault cases no longer go through the hearing process used for other Student Code of Conduct violations, which is what had been done. Instead, when cases of sexual misconduct are brought to the University’s Office of Student Conduct, the investigator gathers information on the incidents, including meeting individually both with the complainant and the respondent. The investigation could include follow-up interviews and meetings with anyone else who may have information on the cases, as well as the gathering of any additional information that might be helpful, such as videos.

The investigator, Spencer Peters, received special training in conducting this type of investigation. Before moving into the position, he worked for 13 years as a Penn State police officer, including four years as a detective who specialized in cases of sexual assault and harassment.

“This approach is better for all the parties involved,” Peters said. “It is focused on finding out what happened, listening to all sides, gathering the needed information and presenting that to a neutral panel that can make a decision.”

Once Peters has completed his fact finding and the parties involved have had a chance to review his report, he can decide whether he needs to gather more information or finalize the report and present it to the three-member panel of faculty and staff. That Title IX decision panel is separate from the five-member panel that hears other Code of Conduct cases.

Shaha said having a specially trained investigator gather information means that the students involved no longer need to present their cases or share their stories to the panel — “that can be a daunting task.”

Instead, the panel is presented with Peters’ findings and can ask him follow-up questions.

“It’s not an adversarial process,” Shaha said. “As a trained investigator, Spencer can ask the questions and take the time to meet with all the people involved. It enables gathering a comprehensive set of information upon which to make decisions. One of our hopes is that both parties see it as a fair and equitable process.”

The first case to be addressed using the new model has now moved to the final stages.

The Office of Student Conduct expects to transition to using the new process for all sexual assault cases in the fall. The approach is the one supported by the White House Task Force to Protect Students from Sexual Assault.

Shaha noted that the University’s investigations are separate from any criminal proceedings that might take place.

Other task force recommendations being implemented

The shift to an investigative model is one of the changes the University has made or is in the process of implementing in keeping with the recommendations made by the task force. Other changes include:

• Ensuring that there are the resources needed to carry out the task force recommendations at all Penn State locations. The needs vary from campus to campus, and the University is in the process of surveying the campuses to determine the individual needs of each location.
• The creation of a new Title IX coordinator position along with the support staff needed both at University Park and around the Commonwealth. The University will conduct a national search for the coordinator, who will oversee implementation of many of the task force recommendations. In addition to the coordinator, the office will include a position focused on the needs of the campuses, and an education and outreach coordinator.
• Implementing bystander intervention training. This training is scheduled to begin over the summer, with full implementation slated for the fall.
• Conducting a climate survey of Penn State students at all University locations. The University piloted the survey in the spring semester and plans to conduct the full survey this fall, in partnership with several other universities. The responses will provide valuable insight into students’ experiences and perceptions, whether they know about available resources and what steps the University can take to increase awareness on the issues.
• Developing training for employees and students on sexual violence as required by the Violence Against Women Reauthorization Act. This training will be available by July 1 and will then be incorporated into a larger training initiative to include all types of gender-based discrimination, sexual harassment and sexual misconduct, which will be introduced this fall.