The Independent Voice of Southern Methodist University Since 1915

The Daily Campus

The Daily Campus

The Independent Voice of Southern Methodist University Since 1915

The Daily Campus

The Independent Voice of Southern Methodist University Since 1915

The Daily Campus

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Brian Richardson, Contributor • March 28, 2024
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Task force recommendations a good start

The Task Force on Sexual Misconduct initiated by President R. Gerald Turner last fall released 41 recommendations Wednesday that seek to solve issues with reporting, communication, accountability and Title IX. The Daily Campus is generally pleased by their findings and recommendations.

The task force was given a difficult task – it had to assess a complicated issue and synthesize a wide range of voices and interests. Considering the complex issues the task force had to address – from community culture to tensions between the criminal justice system and the student code of conduct to the hurdles posed by federal legislation – the task force has done a commendable job in recommending SMU-specific solutions to the university’s problems with sexual misconduct. The task force’s creation, catalyzed by two high profile sexual assault indictments by Dallas County grad juries, the task force had to answer the essential question: how can SMU be made into a safer environment?

As Kelly Compton, an SMU Board of Trustee member and chair of the task force, said in a discussion with The Daily Campus, the university already had many sound policies in place; the university had a problem with implementation rather than policy creation – the difference in rule of law versus rule by law. We found certain recommendations especially critical. Offering amnesty for alcohol or drug violations for the complainant in a sexual assault case is likely to encourage many victims to report crimes they otherwise might not. The assurance that both the complainant and the respondent be treated fairly and be afforded equal accommodations throughout the process is another welcome change.

But, recommendations must be turned into effective policy. Larger structural and legislative issues also pose a problem: Title IX and the “Dear Colleague” letter which currently dictates the processes by which universities must handle sexual assault cases.

The internal grievance process mandated by the Dear Colleague letter limits the flexibility of university conduct boards. The letter lowered the conduct review board to use the lowest burden of proof, the “preponderance of the evidence” test. The preponderance rule means that to be found in violation of the student code of conduct, it must only be “more likely than not” that the violation occurred. It must therefore only be 50.1 percent likely that the defendant is in violation. It must therefore only be 50.1 percent likely that the defendant is guilty. This is a much lower standard to be than “beyond a reasonable doubt” burden used in criminal proceedings.

SMU is not unique in the problems that Title IX is causing; schools across the country are dealing with precisely the same issues.

This board firmly believes, however, that the largest responsibility lies with SMU’s student body. While the task force’s recommendations will certainly help – education about sexual assaults and a value statement – it is up to the student body to positively shift its cultural and sociological understandings about rights, boundaries and the like. It is up to each SMU student to serve as an exemplar for every other SMU student. Only through elevating one another can we elevate the entire community. And, our community ideal must always be one of mutual respect and care.
 

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