I am disappointed and grieved to say that this is not what survivors and advocates actually called for and not what LU needs. I hope that this is the result of a lack of understanding on the part of LU and that it will be rectified quickly.
While a Title IX review is not a bad step, most of the allegations and concerns do not relate to technical Title IX policy violations (some do, but not most).
The actual concerns and allegations primarily center around allegations of:
1. A culture that silences survivors and minimizes abuse.
2. Poor responses by faculty and leadership.
3. Resistance to reform by leadership.
4. Lack of good communication on abuse related issues.
5.Lack of awareness and priorization of these issues by leadership.
6. A culture that punishes whistle-blowers or those who buck existing authority.
7. Lack of achievable channels for students to form student groups, rally, or otherwise make their voices heard, further complicating abuse advocacy and reform.
8. A Board which utterly failed to stop and then hold accountable the former president and his wife for sexually inappropriate (and at least in the case of his wife, clearly predatory) behavior, including WITH LU students.
Multiple faculty raised concerns...
About Instagram photos and behavior of the President related to students, to no avail.
The question is how all these things could happen w/o Board and leadership knowledge, especially since at least on be Board member attended questionable parties and events with the former pres
What has been requested clearly and in explicit detail was a process that is frequently used in these situations : A culture, structure and policy audit, with historical accounting. Leadership was explicitly asked NOT to confine the review to Title IX.
Here's what that means:
A culture audit assesses the culture of the institution in areas related to dynamics that foster an abusive culture, including power and authority dynamics. This should include significant community engagement pieces with students to identify the best means for this assessment.
A policy audit that examines Title IX and HR policies with FULL access to all information, but ALSO examines any policies that relate to abuse dynamics (consent and record keeping in any medical clinic, coaching policies, etc).
A structural audit that examines the corporate dynamics for areas of weakness that contribute to failing to see, or mishandling, warning signs or reports of abuse. This should include evaluating communication silos, Board power imbalances, communication structures and channels...
Checks and balances within leadership, etc.
Historical accounting should look to answer questions about what has happened on ALL these fronts, related to mishandling abuse, enabling inappropriate behavior in leadership (especially the former president) or resisting reform.
All of this should culminate in a public report, without limiting what information may be published, with recommendations for reform and ideally a period of external reviews.
This is a common model, easily pursuable. This is what was urged.
Students explicitly urged against a review that was confined to Title IX policy.
And for what was commissioned, no clarity has been given on whether the firm will have full access to all information and authority to report comprehensively and publicly on all information.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
This article inadvertently plays a part in one of the major reasons, when it notes that sexual contact between Dr and patient is an ethical violation. As if what is described here is consensual contact that just breaches some ethics rules.
Yes, the ethics rules are important and yes there is always a power dynamic, that's why the rule is there.
But when predatory abusive and criminal behavior is flagged as wrong because of an ethics violation, it severely mischaracterizes the abuse and downplays needed response.
Dear EC member who answered the asked question "how much is a little girl worth?" By saying "worth having insurance proceeds to pay her", please hear my heart -
If you are going to speak those words, first ask those little girls and boys what they care about the most:
Ask them if they value money, or the truth, more.
Ask them which one they would rather have.
They will tell you they want the truth. They will tell you the incredible cost they have already paid fighting for it.
Ask the little girls and boys which they would rather accomplish: getting insurance money, or getting to the root problems and fixing them so another child doesn't live through their hell.
They will pick saving a child every single time. They've dedicated their lives to it.
The importance of waiving privilege is a question I get all the time from institutions in crisis - it's an issue in every case I work on.
Here's the bottom-line with waiver - risks and benefits:
The benefit of waiving is huge - because attorneys are usually involved in crafting the policies both for prevention and response, you simply cannot accurately diagnose problems without waiving privilege. You won't have access to all the information.
Not being able to accurately diagnose the problem increases your liability over the long-run because you will keep making mistakes, causing damage, and having responsibility for it. If you want to be a good fiduciary, stop thinking myopically.
This letter below is patently and blatantly false in it's legal statements, and any attorney who is making these claims, cannot be doing so unintentionally.
Attorneys were intentionally brought into every conversation about abuse and abuse reform. The same attorneys survivors have said for decades, were at the root of every coverup and mishandling.
This is widely known. That's not an accident.
If one truly desires the best counsel on abuse prevention and response, you bring in experts who specialize in the law and abuse policy. You do not bring in the very attorneys at the root of the issues, literally for decades - The very attorneys you were begged not to bring in.
And so are the 9 women and girls who allowed their cases to be charged and went through the hell of testifying. Remember them. Because of these women and girls and the only detective and prosecutor who fought for us, we got where we are today.
Remember the over 100 survivors who called the MSU PD to file reports, and the dozen or so who showed up over and over to MSU Board meetings and press interviews for two years.
Remember there are nine of us still acting as court appointed fiduciaries in the bankruptcy process.
July 2015 (FBI report) to Sept 2016 (my report): 15 months.
Over 100 girls and women abused.
Sept 2016 (my report) to Jan 2018 (Larry's sentencing): 16 months.
Put it side by side.
In the time it took the FBI to do nothing except wine and dine with Steve Penny and procure help with a job offer, MSU detectives Andrea Munford and Assistant AG @AngiePovilaitis managed to do the following:
Interview Larry within 24 hours of my coming forward and for the first time find the discrepancies in his story.
Start and follow up an incredibly in-depth Title IX process that immediately removed him from the exam room - something the FBI didn't manage in 15 months...