The Michigan Daily - michigandaily.com j(J y i_;4. ! !!' f$:. Friday, November 14, 2014 - 5A (pinion Ar Friday, November14, 2014- The pendulum i th an epidemic of sexual assault sweep- ing college cam- puses across the nation, including the University of Michigan, there are count- less topics of uncertainty and controversy. In a four-part series, James Brennan seeks to explore JAMES them with inter- BRENNAN views and per- sonal research. This is part three. Trigger warning: The following article includes descriptions of sexual assault and may be triggering. For students who have attended the University in the past few years, the issue of sexual assault will forever be synonymous with the name of a former football player. The University's handling of rape allegations against former kicker Brendan Gibbons became a national news story last year, and for good reason. After The Michigan Daily broke the story, online editor Austen Hufford wrote a thorough piece detailing the University's new Student Sexual Misconduct Policy, accompanied by a helpful timeline of events. Here's a short version of (my interpretation of) what transpired: In 2009, the University had a terrible sexual assault poli- cy, which allowed Gibbons to be accused of assault without investigation. Two years later, the Department of Education issued a letter argu handling of sexual sations was a viola IX. Not wanting tc of university thatc on the basis of sex sity instituted inte sexual assault whil process of building After two years of: University finalizes Sexual Misconduc have today. Shortl the University expe Gibbons on Dec. 20 The total tir Gibbons' alleged as expulsion was mo years. This was a administration on scale, one the scl attempted to obfu not been for leake obtained by The Michigan Daily, it's entirely possible we would never know the extent of the University's murky inner workings. Here's something we do Gibbons case was dozens, maybe h sexual assault acc the University dea its former, irreverer As of August 201 and universities federal investigati handling of sexual Columbia Univers the school mostr ing that poor its failures, in large part due assault accu- to student and survivor Emma ation of Title Sulkowicz. Sulkowicz was o be the kind violently raped her sophomore discriminates year, but the university severely , the Univer- mishandled and then dismissed rim rules for the case. In a combination of e it began the performance art and protest, a new policy. Sulkowicz has been carrying her tinkering, the mattress around Columbia all d the Student year, representing the weight she t Policy we carries while her rapist remains ly thereafter, on campus. Her work has gained elled Brendan national attention, manifesting , 2013. itself through nationwide ae between demonstrations called "Carry sault and his That Weight Day of Action". re than four While Sulkowicz and Gibbons' names will forever be connected failure of to universities mishandling a massive sexual assault, one other name hool actively may end up having an equal scate. Had it influence: Drew Sterrett. d documents Sterrett was suspended in April of 2014 following The vast majority allegations of sexual of sexual assault misconduct. accusations are In May, Sterrett genuine - but filed suit against the some aren't. University, alleging violations of know: the his rights to due process in the only one of school's investigation. Since the undreds, of Department of Education issued usations that the letter encouraging colleges it with under to adopt new policies, more than nt policies. 20 lawsuits of this type have 4, 76 colleges been filed against universities. are under Criticism of how schools on for their investigate and punish accused assault cases. assaulters is not reserved to ity may be those facing the consequences. notorious for In October, 28 Harvard Law School professors signed on to an op-ed in the Boston Globe objecting to the school's sexual assault policies, which carry many similarities to The Uni- versity's policies. The statement, signed by liberal scholars like Charles Ogletree and Alan Der- showitz, argues that Harvard's procedures "lack the most basic elements of fairness and due pro- cess" and "are overwhelmingly stacked against the accused." In interviews with dozens of students, concerns about due process were barely an after- thought. Most students I asked were unaware of Sterrett's law- suit, and upon hearing my basic rundown of the case, gave mixed reactions. As we worked our way through the issues around the University's policy, moststudents developed a reluctant desire to see better respect for due pro- cess. However, some remained largely skeptical of accused rap- ists being mistreated. LSA senior and former SAPAC volunteer coordinator Kathryn Abercrombie asserted that the University affords the accused appropriate due process while maintaining their support for survivors. Abercrombie also defended the school's burden of proof, which only requires a "preponderance of evidence" - this is the lowestburden of proof in American civil law. Abercrombie argued that the University's policies show how it tries to stand by survivors, which she feels is most important (also acknowledging that not all who've reported feel this commitment from the school). Moreover, Abercrombie acknowledged the possibility of Sterrett's case being mishandled at an individual level, while also pointing out that filing a lawsuit does not mean he is innocent. Anne Huhman, SAPAC's program manager for prevention and education, defended the University's use of preponderance of evidence, saying the school's sexual assault policy "follows the guidelines established .,by the U.Se Department of Education and its Office of Civil Rights." According to Huhman, the Student Sexual Misconduct Policy "strives to place the rights of both parties at the core of the process." Before I go on further, I'll pause to acknowledge the privileged position I come from; as a male, and as a 6-foot-2, 220-pound male, the possibility of being sexually assaulted has virtually never entered my head. I've never been sexually assaulted, and my ability to truly understand the trauma a survivor feels or the fear women have of being raped is minimal. With that being said, I also come from the privileged position of having never been accused of a crime I did not commit. Nor was I ever found guilty without strong evidence and harshly punished in a way that will follow me for the rest of my life. Like any rational student, I want my school to stand up for students that have been sexually assaulted and take swift action against guilty parties. But, like any rational student, I accept that the term "guilty" cannot be taken lightly. The vast majority of sexual assault accusations are genuine and accurate - but some aren't. The number of false accusations, whether fabrications orfrommis- taken identity, is not known. A widely cited statistic claims only 2 percent of reported rape accu- sations are false, but this number is largely without scholarly basis. Given the underreporting of rape and other difficulties in creating estimates, it's possible that false accusations are that low - or lower. No study has found a con- clusive, accepted number. Whatever this number is, we know one thing: it isn't zero. People have always been falsely accused of crimes, and sexual assault is no exception. The University and other schools have clearly failed in their duty to protect students from rape and sexual assault, but they cannot answer by flippantly branding students as rapists. The University must continue to aggressivelyinvestigate claims of sexual violence while respecting in full the due process rights of and serves the valuable purpose of relieving at least some trauma for survivors. Similar, less permanent measures should accompany reforms to improve due process. One suggestion is immediate reviews for 60-day restraining orders after all sexual assault allegations. This would put needed space between survivors and the accused, while also maintaining a commitment to fairly evaluate the situation before more drastic action. It's likely that instituting greater due process and stan- dards of evidence will result in guilty offenders getting away. That is a reality we have to accept, and one we accept with our current policies. It's a real- ity we have accepted in our jus- tice system forever, and one we will always have to accept. Sir William Blackstone, the intellec- tual godfather of American law, wrote in 1765 that "better that ten guilty persons escape than that one innocent party suffer." We demand this standard for the accused in all crimes, and sexual assault is no different. I am incredibly torn on this problem. While I'm deeply committed to respecting the rights of accused persons, I was shocked by the sheer number of women I met during the past month who have been assaulted, most of whom never saw justice served. This is an outrage. The night of the "Carry That Weight" protests, I walked back through the then nearly empty Diag. A list of demands remained papered over the 'M', but something else stuck out to me. Because of the mass of students the accused. walking Women through the "crying rape" Diag earlier, is not a regu- To any so-called men's I hadn't lar occur- noticed the rence, and to rights activists who spray painted any so-called messages men's rights think I'm on your surrounding activists who side I'm not. the M. In think I'm on ' yellow, your side, I'm all capital not. I con- letters,:one aider myself r.sdemanded a feminist and I cannot imagine "EXPEL RAPISTS." Another what would possess a person to read "ADMINS DEFEND make up rape accusations, espe- RAPISTS." I felt a deep conflict, cially after seeing the hell that remembering the way my blood female survivors in particular go boiled readingthe horrific details through seeking justice. As the of Emma Sulkowicz's rape and son of an attorney, and a strong dismissal. I also shuddered at the advocate for criminal justice thought of an innocent person reform, I also, however, under- being labeled a sex offender, stand the hell that comes from consequences that last a lifetime. criminal convictions. Between classes earlier that Preventative measures - day, I stood somberly reading primarily education and campus the demands, trying to listen in activism - will play a much on other students' conversations stronger role in limiting sexual about the protest. assault on campus than threats "I mean, this is what we've all of punishment. But rape will been waiting for, right?" continuetohappen,andsurvivors deserve justice. Expulsion is a James Brennan can be reached punishment worthy of its crime, at mbthree@umich.edu. COURTESY OF DEPTFORD GOTH "Look at this amazing article they wrote about me." A Deptford Goth recommendation By CARLY SNIDER For TheDaily Taking music recommen- dations from friends can be a risky business - especially when that friend has wronged you in the past. Previous rec- ommendations from said companion include nonde- script singer-songwriters and aggressively bubbly British pop music. So when she suggest- ed that I check out Deptford Goth's debut Life After Defo, I was skeptical. Would I again be stuck listening to an album entirely opposite my musical agenda, only to later face the awkward question of how I liked it? My friend's descrip- tion of simply "chill electro music" did not do much to pique my interest. Eventually my curiosity got the best of me and I let the album play, only haphazardly listening. The first time through, I quickly dismissed it as some- thing to be played solely in the background - an ambient lis- tening perfect only for filling empty space. I didn't find any- thing wrong with it, but I also didn't find anything special. This sentiment was reinforced by the slurred vocals, mumbled to the point of melting into the instrumentals. The overall lack of pungent downbeats or crisp notes gave me the impres- sion of a simplicity that didn't require a closer listen. It was only on the second and third listens, when I actu- ally began to pay attention, that I realized how very wrong I had been. The flow of each song, and of the album as a whole, started to become clear to me - and it was awesome. Dept- ford's vocal delivery no longer came off as half-hearted, but as honest and soulful. The sparse instrumentals suddenly made sense with the lyrics. Oh, how naive I'd been. The seemingly simple album transformed into something entirely new and dynamic, and I could not stop listening. While the background instrumentals initially seemed to be comprised solely of syn- thesizers and intermittent per- cussion, a closer listen revealed a much higher level of com- plexity. Using harps, organs and various forms of percus- sion in combination with the synth base, the overall tone of the album is one of contempla- tion and uncertainty. The rise and fall of each song backs up these feelings, especially when the lyrical content of love and death is taken into consider- ation. Goth's vocal style could be likened to a sleepy Sam Smith - a touch of R&B without try- ing too hard. His intentional mumbling is, at times, frustrat- ing but also very impactful. I found that it allowed him to highlight the most impor- tant lyrics of each song, even if these lyrics were unclear in f and of themselves. Lines such as "Something's coming and I can't see what it is..." are common throughout, leaving listeners such as myself to con- template their meanings and - implications. The album seems to peak with "Objects Objects," a track strengthened by heavy bass tones and standout lyr- ics such as "As if you're telling me there is no such thing as heartache / As if you're tell- ing me we'll come alive." Its sound is both sad and hopeful - themes that run through the entire record, both lyrically and musically. There is something raw and real about this album that is relatable on the most basic human level. Its ambient qual- ity conveys emotion, even without being able to decipher the majority of the essentially inaudible vocals. Aside from these more serious aspects, the record is also just a really cool example of electro-pop. As I now think so fondly of this album, I regret my initial skepticism. Some of the most interesting art isn't necessarily easy to dissect or understand on the surface level. I have learned my lesson and will try to keep this in mind next time a friend suggests new music, even if the extent of their rec- ommendation is as simple as "chill electro music." CONTRIBUTE TO THE CONVERSATION Readers are encouraged to submit letters to the editor and viewpoints. Letters should be fewer than 300 words while viewpoints should be 550-850 words. Send the writer's full name and University affiliation to tothedaily@michigandaily.com. SHEJ MA"4ZIN]"IMACS NoQ 18th Rackha m Amphitheatre Speakers begin promptly at 5:15