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Colleges Contest Anonymity of Women Suing Over Sexual Assault Cases Colleges Challenge a Common Protection in Sexual Assault Lawsuits: Anonymity
(about 3 hours later)
When a former college student identified only as S.B. sued her university, accusing it of failing to properly investigate her rape allegations, the school fired back with a demand for the court: Reveal her full name or toss out the suit. The former college student said she had been raped three times as an undergraduate at Florida A&M University, twice by students and once by an acquaintance who was on campus regularly.
It is common for students to file sexual assault complaints under pseudonyms, which allows them to seek justice without shame, and universities on the other side of those complaints have for the most part allowed it. She withdrew from the university and filed suit, saying that campus officials did not do enough to investigate the claims and protect her from being attacked again and again. As a precaution, she identified herself in public court papers only as S.B.
But in two recent lawsuits — S.B.’s case against Florida A&M University and a suit by nine women against Dartmouth College — the schools have asked that the women publicly reveal their identities, going against years of prevailing legal practice intended to protect plaintiffs in sensitive disputes. Her school fired back three times with a demand for the court: Reveal her full name or toss out the case.
Experts on sexual assault cases said that these demands amount to a newly aggressive stance by universities facing potentially damaging lawsuits, and that they run counter to the spirit of federal policies. For years, students have filed sexual assault complaints under pseudonyms, which allow them to seek justice without shame or fear of being targeted. Universities have generally accepted the practice.
But in two recent lawsuits — S.B.’s case against Florida A&M University and a suit by nine women against Dartmouth College — the schools have demanded that students publicly reveal their identities, going against longstanding legal practice intended to protect plaintiffs in sensitive disputes.
Experts on sexual assault cases say that these demands amount to a newly aggressive stance by universities that face potentially damaging lawsuits, and that they run counter to the spirit of federal civil rights policies. The identities of the women in both cases are known to the university lawyers, but not to the public.
“What you’re seeing in this particular case is real hardball,” said Andrew Miltenberg, a lawyer who typically represents men accused of sexual assault. “And it’s still not the way most lawyers or schools handle it. They’re a little bit more gracious about protecting someone who was their student.”“What you’re seeing in this particular case is real hardball,” said Andrew Miltenberg, a lawyer who typically represents men accused of sexual assault. “And it’s still not the way most lawyers or schools handle it. They’re a little bit more gracious about protecting someone who was their student.”
On Wednesday, S.B.’s lawyer sent a letter to more than 40 state legislators objecting to the university’s tactics and asking them to investigate in their role of stewards of public education. On Wednesday, S.B.’s lawyer sent a letter to more than 40 state legislators objecting to the university’s tactics and asking them to investigate the matter.
Florida A&M said it was “merely asking for a fair and open trial,” and believed that doing that required “that her legal name be provided to jurors at trial.” It said that its demands were in line with those of many other colleges and universities, and that it took all allegations of sexual assault seriously. Florida A&M, a renowned historically black college in Tallahassee, Fla., said that it was “merely asking for a fair and open trial,” and that this required “that her legal name be provided to jurors at trial.” It said that its demands were in line with those of many other colleges and universities, and that it took all allegations of sexual assault seriously.
With the rise of the #MeToo movement, women have become bolder about using their names in retellings of traumatic sexual experiences and in sexual assault cases. But many still fear the stigma that may come with going public.With the rise of the #MeToo movement, women have become bolder about using their names in retellings of traumatic sexual experiences and in sexual assault cases. But many still fear the stigma that may come with going public.
S.B. has filed suit in federal court accusing Florida A&M, a renowned historically black college in Tallahassee, Fla., of mishandling her rape complaints. The legal efforts to unmask women in sexual assault cases come as the federal Education Department is in the final stages of reviewing some 120,000 comments about Secretary Betsy DeVos’s proposed new rules under Title IX, the federal law forbidding sex discrimination. The new rules were intended in part to address criticism that those accused of sexual assault were not given due process.
The university has tried three times to have S.B.’s lawsuit dismissed unless she puts her name on the record, twice through motions denied by the court and most recently in an appeal, which is pending. Florida A&M has tried through two motions to have S.B.’s lawsuit dismissed unless her name is disclosed, and again most recently in an appeal, which is pending.
The university “does not seem to acknowledge the severity, seriousness, sensitivity or personal nature of rape allegations,” Judge Mark E. Walker of the United States District Court for the Northern District of Florida said in denying the request to disclose her name. The university said that allowing S.B. to use her initials makes her appear to be a victim who needs protection, even though that has not been proved in court. It argued that it was only fair for S.B. to be publicly identified because she was publicly identifying the university officials who she said had mishandled her case, and the men who she said had raped her.
In a similar legal strategy, Dartmouth College has objected to allowing some of the women who are suing it in a sexual assault case to be identified as Jane Does. In that case, the plaintiffs are accusing three professors of turning a human behavior research department into what they call “a 21st-century Animal House,” where they were coerced into having sex. Dartmouth has said the lawsuit mischaracterizes its actions. The judge, Mark E. Walker of the Northern District of Florida, did not agree. “Outing an alleged rape victim simply because other parties or individuals involved in the lawsuit are not proceeding anonymously serves no legitimate public interest,” he said in his decision on one of Florida A&M’s motions.
The identities of the women in both cases are known to the university lawyers, but not to the public. S.B.’s lawyer, Michael Dolce, said there was no comparison between the stigma and shame a victim of sexual assault can face and the embarrassment endured by a university official accused of bureaucratic mistakes. The school’s efforts, he added, were intended to intimidate the woman into dropping her suit.
In court papers, Florida A&M said that allowing S.B. to use her initials makes her appear to be a victim who needs protection, even though that has not been proved in court. The university argued that it was only fair for S.B. to be publicly identified because she was publicly identifying the university officials who she said mishandled her case and the men who she said raped her. S.B. declined a request to talk about the case on Wednesday, even without using her full name, saying she was “just too afraid,” according to her lawyer.
The judge did not agree. “Outing an alleged rape victim simply because other parties or individuals involved in the lawsuit are not proceeding anonymously serves no legitimate public interest,” he said in his decision. In what critics saw as a similar legal strategy, Dartmouth has objected to allowing some of the women who are suing it in a sexual assault case to be identified as Jane Does. In that case, the plaintiffs are accusing three professors of turning a human behavior research department into what they call “a 21st-century Animal House,” where they say they were “leered at, groped, sexted, intoxicated and even raped.” Dartmouth has said the lawsuit mischaracterizes its actions.
In her suit, S.B. said she was raped three separate times in 2012 and 2013, her first two years as an undergraduate, twice by students and once by someone who was on campus regularly but was not a student. She said that she had reported the rapes to campus officials, and that they had not done enough to investigate and protect her from further contact with her alleged attackers. She later transferred out of the school. The university argued in court papers that because some of the six named plaintiffs had sought publicity, granting interviews with news outlets including The New York Times, it did not make sense for the three other plaintiffs to be identified only as Jane Does.
S.B.’s lawyer, Michael Dolce, said there was no comparison between the stigma and shame a victim of sexual assault can face and the embarrassment endured by a university official accused of bureaucratic mistakes. Justin Anderson, a spokesman for Dartmouth, said on Wednesday that its case was different from the Florida A&M case because it involved a class-action lawsuit, where, he said, it was typical to challenge anonymity. He said that protecting the anonymity of the plaintiffs would hamper the university’s ability to determine whether they could represent a class.
“This is a public policy question,” he said in an interview. “Do we want an institution that welcomes thousands of young people in the state of Florida to have adopted a course of conduct that is contrary to the public policies of every single college and university in the state?” “To compare our approach to Florida A & M’s is apples to oranges,” he said, adding that Dartmouth supported the right of women to file anonymously if they filed as individuals.
He said the move was intended to intimidate the woman into dropping her suit.
In the Dartmouth case, the university argued in court papers that because some of the six named plaintiffs had sought publicity, granting interviews with news outlets including The New York Times, it did not make sense for the three other plaintiffs to be identified only as Jane Does. It also said that anonymous plaintiffs could not properly represent a class-action lawsuit.
Justin Anderson, a spokesman for Dartmouth, said on Wednesday that its case was different from the Florida A&M case because it involved a class-action lawsuit. He said that protecting the anonymity of the plaintiffs would hamper the ability of investigators to gather information from the rest of the class.
Dartmouth supports the right of women to file anonymously if they are filing as individuals, he said.
The plaintiffs said that at least two of the anonymous women had already suffered from “extreme emotional distress ranging from depression to suicidal thoughts,” and that outing them would only traumatize them more.The plaintiffs said that at least two of the anonymous women had already suffered from “extreme emotional distress ranging from depression to suicidal thoughts,” and that outing them would only traumatize them more.
“Dartmouth’s objection is a striking departure for a liberal, Ivy League institution that touts itself as being ‘at the forefront of public conversations on women, gender and sexuality issues,’” the plaintiffs said in court papers.“Dartmouth’s objection is a striking departure for a liberal, Ivy League institution that touts itself as being ‘at the forefront of public conversations on women, gender and sexuality issues,’” the plaintiffs said in court papers.
The judge has not ruled on whether real names should be required in the Dartmouth case, and in the meantime, both sides have agreed to mediation.The judge has not ruled on whether real names should be required in the Dartmouth case, and in the meantime, both sides have agreed to mediation.
Several lawyers said that universities had a special responsibility to protect the confidentiality of their students in Title IX cases like these. Title IX is the federal law that protects students against sex discrimination, including sexual assault. But the dispute has caused a furor among students and alumni. “The idea that you’re going to out people is so dangerous,” said Ruth Cserr, 53, who graduated in 1988. “I’m just disgusted.”
Mr. Dolce, S.B.’s lawyer, said that it was hypocritical for the university to allow confidentiality when a sexual assault was reported, but not when the university was being sued. Florida A&M “in no uncertain terms, told her, ‘we are going to protect your identity,’” he said. Diana Whitney, 45, of the Class of 1995, said alumni had been following the case closely and circulating a hashtag, #DartmouthDoBetter. “That’s how we feel every time we see a new legal filing,” Ms. Whitney said.
Irwin Zalkin, a lawyer who represents sexual assault victims, said universities were taking a page from the legal playbook used by other institutions in similar cases. Several lawyers said that universities had a special responsibility to protect the confidentiality of their students in Title IX cases like these.
“We had this happen in numerous Catholic Church cases in California and elsewhere at different times in litigation with us,” he said. “It’s a scare tactic. They know they’re going to be exposed, going to be ridiculed, going to be called liars, and these institutions want to capitalize on that fear.” Mr. Dolce, S.B.’s lawyer, said that it was hypocritical for the university to allow confidentiality when a sexual assault is reported, but not when the university is being sued. Florida A&M “in no uncertain terms told her, ‘We are going to protect your identity,’” he said.
Florida A&M students said on Wednesday that disclosing the identities of anonymous plaintiffs posed a safety issue.
“You are going to out her to the public, which includes people who are against survivors,” said Aiyana Ishmael, 20, a student who said she had interviewed students about sexual violence for an assignment last year. “It feels like she is being attacked after the fact.”
Maya Porter, 19, a junior who works with Planned Parenthood Generation Action, a national campus advocacy organization, said that people did not realize the psychological harm inflicted by outing victims. “Unless a victim volunteers their name,” she said, “it should not be used.”