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U.S. Urges Kansas State to Heed Reports of Off-Campus Rape | U.S. Urges Kansas State to Heed Reports of Off-Campus Rape |
(about 3 hours later) | |
Kansas State University’s policy not to investigate accusations of rape in off-campus fraternity houses is “incorrect,” according to federal government statements filed in court in support of two female students at the university. | |
The two women, Sara Weckhorst and Tessa Farmer, both told the university that they had been raped in two separate episodes at fraternity houses in 2014 and 2015. In both cases, they say, the university would not investigate because the fraternity houses were off campus, even though they were sanctioned fraternities. | The two women, Sara Weckhorst and Tessa Farmer, both told the university that they had been raped in two separate episodes at fraternity houses in 2014 and 2015. In both cases, they say, the university would not investigate because the fraternity houses were off campus, even though they were sanctioned fraternities. |
Their federal lawsuits, filed in Kansas in April, say the university violated Title IX, a civil rights statute prohibiting discrimination on the basis of sex, by failing to respond to their complaints of rape. Title IX generally governs gender equity in education. | Their federal lawsuits, filed in Kansas in April, say the university violated Title IX, a civil rights statute prohibiting discrimination on the basis of sex, by failing to respond to their complaints of rape. Title IX generally governs gender equity in education. |
Responding to the lawsuits, the university argued in court that the cases should be dismissed because it is not legally responsible for reports of student-on-student rape at “off-campus” fraternity houses or events. | |
But the government, in documents filed Friday, disagreed, saying that Title IX covers all education programs of a federally funded school, including the house and events of a school-recognized fraternity. | |
“The continuing effects of a student-on-student rape, including the constant fear of exposure to one’s assailant, can render a student’s educational environment hostile,” the government filings said. “Thus, a school must respond to allegations of sexual assault in fraternity activities to determine if a hostile environment exists there or in any other education program or activity.” | “The continuing effects of a student-on-student rape, including the constant fear of exposure to one’s assailant, can render a student’s educational environment hostile,” the government filings said. “Thus, a school must respond to allegations of sexual assault in fraternity activities to determine if a hostile environment exists there or in any other education program or activity.” |
The government told universities, in a “Dear Colleague” letter in 2011, that Title IX requires them to investigate accusations of off-campus rapes of students. It specifically cited off-campus fraternity houses. | The government told universities, in a “Dear Colleague” letter in 2011, that Title IX requires them to investigate accusations of off-campus rapes of students. It specifically cited off-campus fraternity houses. |
The court statements, by the Departments of Justice and Education, have been filed in about a dozen other lawsuits since 2010 where the law is in dispute. Title IX is an increasingly contentious issue at colleges and high schools across the country. | The court statements, by the Departments of Justice and Education, have been filed in about a dozen other lawsuits since 2010 where the law is in dispute. Title IX is an increasingly contentious issue at colleges and high schools across the country. |
Calling the legal lay of the land a “hot mess” when it comes to Title IX, Wendy Murphy, a professor who specializes in sexual violence law at New England School of Law, said she hoped the government would file statements in other pending Title IX cases to help clarify the law. | Calling the legal lay of the land a “hot mess” when it comes to Title IX, Wendy Murphy, a professor who specializes in sexual violence law at New England School of Law, said she hoped the government would file statements in other pending Title IX cases to help clarify the law. |
Ms. Weckhorst, of Doylestown, Pa., said in her complaint that she had become incapacitated from drinking alcohol at a fraternity party in April 2014, while a freshman at Kansas State, and was subsequently raped by two men. | |
Ms. Farmer, of Overland Park, Kan., told a similar story. After drinking too much at a fraternity party, she said in her complaint, she blacked out on a bed in the fraternity house. She awoke as an unknown man was raping her, her complaint said. | Ms. Farmer, of Overland Park, Kan., told a similar story. After drinking too much at a fraternity party, she said in her complaint, she blacked out on a bed in the fraternity house. She awoke as an unknown man was raping her, her complaint said. |
The women are seeking both monetary damages and orders that the university investigate their accusations. | The women are seeking both monetary damages and orders that the university investigate their accusations. |
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