Amid criticism over its handling of complaints about sexual misconduct on campus, Yale released a statement Friday distinguishing rape versus other forms of “nonconsensual sex.”
Yale came under the criticism after the release of its latest biannual report to the government on sexual misconduct. Critics — like the Jezebel site—accused Yale of failing to take seriously misconduct that in effect equals rape. Click here for a full story on the report and the reaction by the Register’s Jim Shelton.
Yale responded with this statement, which argues that the university is indeed taking matters seriously by taking disciplinary action against people accused of misconduct that wouldn’t stand the evidence test to be prosecuted as a crime. Here is Yale’s statement in full:
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Sexual misconduct is a serious problem, not only on Yale’s campus but also on college and university campuses across the country — a problem that institutions of higher education must eradicate.
Yale University does not tolerate rape or sexual misconduct of any kind. One of the reasons the university publishes semi-annual Reports of Complaints of Sexual Misconduct is to engage the entire community in efforts to prevent it. As far as we know, Yale is the only university that issues such a report. We do so because we believe public disclosure of this information raises awareness and generates discussion about sexual misconduct.
Yale uses the term “non-consensual sex” to describe a range of behaviors that fall within the University’s broad definition of sexual misconduct. This definition requires clear and unambiguous consent to each activity at every stage of a sexual encounter. Moreover, Yale applies a “preponderance of the evidence” standard (a lighter burden of proof than the “beyond a reasonable doubt” criminal standard) to determine misconduct. In this way Yale is able to — and does — impose discipline for improper conduct that would not meet a criminal standard.
The University reports all complaints of sexual assault it receives to the Yale University Police Department (YPD), which has full powers of law enforcement and arrest. Any person who reports a sexual assault is encouraged to contact YPD and is advised of the resources and assistance they can provide. For individuals who choose to pursue criminal complaints, the University provides assistance and support throughout the process.
To encourage reporting of sexual misconduct, we protect the privacy of all individuals involved in the complaint process. One result of this commitment to confidentiality is that the descriptions in the semi-annual reports cannot fully capture the diversity and complexity of the circumstances associated with the complaints, or the factors that determined the outcomes and sanctions. Nonetheless, the range of penalties described in these reports reflects our readiness to impose harsh sanctions when the findings warrant them.
Yale continues to devote significant resources to improving the campus climate and making our community safe for everyone. We have expanded counseling and educational programs and fortified our administrative processes, which our students, faculty, and staff have found to be meaningful and effective.
All Title IX related reports may be found here:
http://provost.yale.edu/title-ix/reports
More information may also be found on our Sexual Harassment and Assault Response & Education (SHARE) site:
http://sharecenter.yale.edu/
And also on the Sexual Misconduct Response at Yale site:
http://smr.yale.edu/