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Screwed U.P.


University of Portland Students want change in the school’s sex-assault policy.

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BLAMING THE VICTIM: Amy Kerns say the University of Portland’s suggestion that she could have been disciplined after reporting an alleged sexual assault that involved underage drinking was a “scare tactic.”
IMAGE: LeahNash.com
BY BETH SLOVIC | bslovic at wweek dot com

[April 23rd, 2008]

Late at night two years ago, 19-year-old Amy Kerns was leaving an off-campus party near University of Portland when she asked a male student to escort her to her dormitory. The two friends had known each other since high school, and Kerns had once dated the young man’s best friend.

He says they then had consensual sex. She says he raped her.

The two-year-old conflict has fresh implications at the private Catholic university because some of UP’s 3,000 students are now struggling to make sure their school doesn’t go after victims of sexual assault if they were engaged in underage drinking when the alleged assault occurred.

The added twist? UP also frowns on extramarital sex, and some students want to ensure that stricture doesn’t make it harder for alleged victims of rape or assault to come forward and find support.

“The school owes it to the students to do everything they can to make sure rapes are reported,” says 20-year-old junior Devon Goss.

Kerns, who agreed to let WW publish her name and photograph, is among the vocal group of students who say there’s a problem.

On that late April night in 2006, Kerns says she said goodbye to the young man outside her residence hall. At 1:50 am, she showed her identification to the attendant at the front desk of her all-girls dorm. She went to check on her laundry downstairs, then returned to her private room. She says she then found the young man waiting for her in her room.

He says that’s not what happened. In a private Facebook message he later sent to Kerns, obtained by WW, the man, then a sophomore, says Kerns, then a freshman, actually helped him sneak into her dorm, violating the university’s prohibition on “inter-visitation” after 2 am on weekends.

Kerns says she had had one or two drinks. He says he was flat-out drunk, according to the Facebook messages.

She says the blood on her sheets, dress and the chair next to her bed—which she photographed and later showed to campus security—were evidence of a struggle. He says he was a virgin, that the blood was his, that he had torn his frenulum (a membrane on his penis) during intercourse, and that he continued to bleed the following day.

“I’m sorry I did this to you, I didn’t think it was that big of a deal and I cant [sic] change the past so all I can do is apologize,” the young man wrote in a private Facebook message to Kerns. “I’m sorry, I’m sorry, I’m sorry.”















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Immediately after the event, her friend made an anonymous call to campus police. It wasn’t until a year later that Kerns gave campus security the man’s name so it could issue a “no contact” order and investigate. That order meant the two were no longer able to talk, email, text message or call each other.

WW isn’t publishing the man’s name because no police or university charges have been brought. Nor was his name widely publicized as in a recent notorious case at Lewis & Clark College (“Trial by Facebook,” WW, Jan. 9, 2008).

The Beacon, UP’s student newspaper, reported April 10 on the case after Kerns came forward anonymously to criticize UP for not disciplining the man—and for other reasons. In making the university’s decision, UP judicial coordinator Natalie Shank suggested to Kerns that she could have been charged with violating university policies herself.

“Based upon my findings in my investigation, I am unable to determine if a sexual assault occurred,” Shank wrote May 3, 2007. “I have reason to believe that intercourse occurred, but both parties admit to drinking and therefore, consent—or lack of consent—is difficult to determine. Given these facts, there are possible violations for which you could be charged.”

In addition to prohibiting underage drinking, the university’s handbook finds that sexual intimacy outside of marriage is “considered antithetical to the community of the University of Portland.”

Lewis & Clark, Reed College and Portland State University do not discipline students for underage drinking when they come forward to report allegations of assault. Neither do Catholic schools such as Gonzaga University in Spokane, and Santa Clara University in California, or Notre Dame.

“Our policy is written to make the issue of the assault the most important,” says UP spokesman John Furey. But the school, he says, is not ready for an immunity clause.

“[Shank] decided since we were both drinking, rape couldn’t have occurred,” says Kerns, 21, who is taking time off from school and working as a waitress in North Portland. “It was like she was the one deciding consent—not me.”

FACT: University of Portland reported zero cases of sexual assault to federal authorities in 2006. Federal law requires that all reports of sex crimes, no matter the resolution, be counted among the statistics. UP says Kerns’ allegations will be reported in the upcoming 2007 statistics because that’s when Kerns gave school officials the name.

 

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Margaret  writes on Apr 23rd, 2008 9:59pm

When I was attending East Carolina University back in the 70's I was choked, beaten, anally raped-and then told by the dean of students that it was MY fault for being the guys dorm after hours. Sounds like things have not changed much in 30 years....

Emily  writes on Apr 24th, 2008 1:18am

Some things have changed at some schools, but those are the schools and communities that are actively creating safe, blame-free environments for all victims and enforcing specific, straight-forward policies about sexual assault. Unfortunately, UP is behind the times in that regard and behaves as if sexual assault only happens on other campuses. UP needs to decide that taking care of victims and seeing justice brought to perpetrators keeps a community strong, not dogmatic views on sexual purity that ignore the issues at hand.

Starvin Marvin  writes on Apr 24th, 2008 12:26pm

Did the victim ever report the crime to the Portland Police? If not, why not?

 
Amy Kerns  writes on Apr 24th, 2008 2:39pm

I never reported the crime to the police because I had medical problems at the time and was about two weeks away from getting a heart procedure done. My parents lived in Southeast Asia at the time, my brother was a Marine deployed in Iraq and school was out in a week. I was in shock, unprepared, and the University handled my case so carelessly, going to the police seemed like another avenue for great disappointment. Looking back, I wish I had gone to the police instead of UP. I was naive to think UP would act appropriately. It's easier said than done, I suppose. I wish I had been capable of taking the best possible course of action, but given the circumstances, I was a 19 year old sophomore in college with no family within 3,000 miles and minimal support from UP or peers.

ridiculous  writes on Apr 24th, 2008 1:04pm

Wow, another sensationalized story about an ACCUSATION (key word) of sexual assault from Willamette Week. Good work conducting responsible journalism!

Starvin Marvin  writes on Apr 24th, 2008 3:36pm

Amy,

I’m very sorry that this happened to you. I feel the author should have included your reasons for not going to the Portland Police in the story. You are very courageous for going public with your story and hopefully U of P will take another look at their policies.

 
Beth Slovic  writes on Apr 24th, 2008 4:28pm

I agree.

Black Brook  writes on Apr 24th, 2008 4:00pm

Carried to its logical end, the judicial coordinator's judgment that lack of consent cannot be determined because both parties were consuming alcohol means that no rape can occur when both parties have been drinking. That would appear to make U.P. a very risky place for a woman who takes a drink.

another UP student  writes on Apr 24th, 2008 7:48pm

I'm so proud of you for doing something.

I never had the courage to report mine... and now I feel its just too late. My freshman year I was taken by a graduation student from UP, at a halloween party. I knew a girl down the hall who had been raped, and nothing at been done about it.. So I just assumed it wouldn't matter if I didn't report mine either.

Stay strong.

Love you, girl.

A Mother  writes on Apr 24th, 2008 7:56pm

Amy, I am really sorry for all you have been through. My teen son is starting UP in the Fall, and we are worried that the school may be sorely out of touch on these issues.

Yay Amy!  writes on Apr 24th, 2008 8:21pm

Amy -

My only regret is that this story didn't make it to CNN. This school needs enough negative publicity to not only change the rules, but the change the officials who enforce them. Did I say enforce? I meant to say the officials who fail to protect their students because they want to appear statistically beautiful.

Its sad that the University of Portland, a school that prides itself on a Catholic lifestyle and lives by the rule "The Truth Shall Set You Free," (What a sick joke this is.) has more concern to protect its own public image.

Hopefully this well serve as a lesson and that enough negative publicity will forbid this to happen ever again.

Christine  writes on Apr 24th, 2008 9:50pm

Amy,

I'm proud to see you speaking out. Wether or not anything happens today or tomorrow, your courage will help students like you to come forward and confront their nightmare. Policy will always exist, but hopefully your admirable efforts will help improve the system. One day at a time...

proud  writes on Apr 24th, 2008 10:23pm

Amy I ams so proud of you for doing this. I t is about time something was said and hopefully this will bring on a change. I love You!

UP  writes on Apr 25th, 2008 12:52am

I support you Amy.

To anyone considering attending UP I advise you to consider other options. Most students will probably agree. The recent years classes do not have some of the highest drop out and transfer rates in years for no reason.

This is not the only unfortunate thing that has occurred at UP. I know this is not comparable to Amy's story but in light of academics the students are not treated with respect and are treated as though they are disposable. UP is not there to give the support that one would expect from a university...in any situation.

 
Say what?  writes on Apr 25th, 2008 9:17am

First off, let me point out that I think Amy is so incredibly brave for coming forward. I'm not going to speak for her, but to me the article wasn't saying "Don't go to UP, because you'll get assaulted or in trouble and they won't do anything about it." Because I know in other situations they have. I just disagree about your generalization of how UP students are treated. because I am a UP student, and well, I assume you are too-other wise you would be speaking with an uninformed opinion.

While I agree that policies need to change at UP (and soon), stop trying to give the ENTIRE university a bad rep. In your research of how many people drop out or transfer from UP, did you also look at the number of people trying to transfer to it-or the graduation rate? Well, campuscorner.com says that our grad rate is 72% and the retention rate is 85%. Reasons why people may leave UP: 1)yes, they don't like it so they leave, 2)its pretty damn expensive if you're not getting FinAid or scholarships. 3)Regardless of UP, some people just don't want to continue college, and 4)UP offers some variety in programs, but not much, so many people that have a specific interest they wish to pursue that isn't available, will usually end up transferring. I'm sure there are other reasons ... but for sake of time that's all I'm going to give.

As i said, i agree that policies should change at UP, and Amy's words will hopefully allow other people that have been sexually assaulted to come forward. As brutal as it is to say, the more experience UP has in dealing with these cases, the more aware they will become on how to deal with them, and more importantly how to aid in preventing them. Its important for people (and I want to include guys and girls in this) to come forward. If not for your own peace of mind, then for those students that come later on. UP, in my opinion, is a great school, and I've had my fair share of disrespect from professors ... to which point I'm sure I've doled it out too, but my experience with their judicial system has been fair. I don't speak for everyone, but for myself, I couldn't have chosen a greater undergrad experience.

My hope is that Amy's courage in coming forward inspires more students to help the University work towards better processes, Yes, they completely missed the proverbial boat on her case, so instead of sitting here waving our finger at them and saying shame on you UP, why not make sure it doesn't happen again? Knowing the students here, I'm sure there will be or already is a group pushing to change the policy, and that's why I go to UP, because I believe they'll listen.

Mrs. Moran  writes on Apr 25th, 2008 4:33am

Amy,

I am so sorry this happened to you. I am very proud of you for being brave enough to come forward and be named. I'm sure that wasn't an easy decision. You have ALWAYS been a strong girl. Even though we haven't seen you in a long time, we still love you!

Danielle  writes on Apr 25th, 2008 11:44am

Amy, I know that your situation is not unique, and that is what makes it so prudent that something is done. There are many young women at UP who have had to suffer through the indignity of not having their allegation of sexual assault taken seriously, or have been too afraid to report one becuase of fear of being punished for another offense related. The fact that this is even a POSSIBILITY is ignorant on the part of the administration at the university, and it is up to students, to change this policy. I hope that many other students read this article, and DO something about it. Contact you ASUP senator (a list is online) or even a regent (their email addresses are also on the UP website). Make it known that students will NOT tolerate this type of behavior.

 
UP Senator  writes on Apr 25th, 2008 7:38pm

I would just like to make it known that on April 7, 2008 the Associated Students of the University of Portland unanimously passed Resolution 08-03 strongly urging the administration to revise its sexual misconduct policy and to realize the need for protection for students who come forward with allegations of sexual assault. Thank you Amy for bringing this issue to the forefront. I am embarrassed of how our school and the administration have failed you and other victims. I hope you know that you have the support of many or your peers.

Devon  writes on Apr 25th, 2008 1:10pm

Join the Facebook group "UP needs to change the sexual assault policies" to receive updates on information and join the fight for an amnesty clause!!!

UP Senior  writes on Apr 25th, 2008 1:25pm

This is one area that I believe an overall good school is truly failing. In the four years I have been here, I have seen both extremes happen. In Amy's case, nothing was done. However, freshmen year, I saw the administration go WAY overboard and expel a boy who had been accused of sexual assault (not rape). As a female and knowing the boy accused and many of the events that occurred that night, I testified on his behalf. But he still got expelled. Even though there was no physical evidence and many of the females details changed throughout the proceedings.

How is it that a boy accused of sexual assault gets expelled when, in my opinion, there is no case to do so, and a boy accused of rape, when there is a case, gets to remain in school? It is apparent to me, that if U of P wants to continue its reputation of excellence it needs to come up with a new policy quickly and look into hiring new staff to implement it.

Klaatu  writes on Apr 25th, 2008 7:16pm

Shocking! A Catholic institution isnt dealing with brutality occuring on its watch....wow...that is unbelievable...

Lisa  writes on Apr 27th, 2008 9:21am

I know that sexual assaults are underreported everywhere, but the policies at UP sound absurd! There are already many reasons why women hesitate before raising sexual assault charges against their assailants, and the last thing they should need to fear is that they themselves will get in trouble for underage drinking.

And the fact that *no* cases of sexual assault at UP were reported to the authories in 2006 should be clear evidence that UP's policies are preventing sexual assault victims from speaking up. (No, it is not possible that the statistic actually means that no sexual assaults ocurred--statistically, that cannot be the case.)

jeff taylor  writes on Apr 27th, 2008 4:36pm

Sexual assault is a crime. Covering up a crime and blaming the victim is a crime first and an abomination second. But all institutions of higher learning fight change of any kind. If they must be dragged into the 21st Century screaming and clawing the dirt, perhaps kicking them in the head really hard will help them to make up their minds and evolve.

A new policy needed? Ask Amy if she will consent to be on the board that shapes it.

Best to you, Amy. Sorry doesn't cover it.

worried  writes on Apr 27th, 2008 4:57pm

I know this is not what most people want to think about in this situation.... but what about the male in question? what if this negatively affects him (assuming what Amy says was not entirely true)? I was falsely accused in a similar situation and it had serious psychological repercussions. Why didn't she keep the sheets if she was so sure the blood was hers? and how did he get into the dorm if you have to check in? i know at my college all other doors were locked at night...

s  writes on Apr 27th, 2008 9:12pm

University of Portland needs to understand and take action for what is apparently the truth.

kriz  writes on Apr 28th, 2008 2:45pm

Amy, I'm sorry for what you had to go through and I wish you the best. It takes a lot of courage for you to speak about what happened. I don't like the message that UP judicial coordinator Natalie Shank is sending by basically saying no rape occurred because they were drinking, and then says that Kerns could have been charged with violating university policies herself. This is dumb. No wonder victims don't come forward! What messasge does this send to potential offenders and rapists? It basically says as long as the woman is drinking then she's given up her right to consent, and you can have your way. U of P should take a little more responsibility and get in touch with the real world.

Screwed by UP too  writes on Apr 28th, 2008 3:21pm

Amy I'm very sorry for what happened to you, I wish everyone was willing to come forward the way you did.

I would like to comment as another member of the UP student body who has felt first hand the injustice of the crock that is the UP judicial system.

A year ago I was one of several students involved in an incident that was sensationalized, blown out of proportion, and ultimately just plane ridiculous. I wont go into details or mention names because I know the irrational responses that this school take against people and I want to protect myself.

Ultimately the school disregarded facts, refused to listen to experts, and harshly punished students for no reason. Humorlessly enough the person who first pressed charges against the students involved later left the university under very shady circumstances, the information available points to criminal activity.

To the students the university treated like criminals, called terrorists and threated jail time, the university did NOTHING. Did they care that the information they used against the students was all a fraud? Did they care that their so called expert was a liar? NO.

I echo one of the above sentiments. DO NOT come to this school. You may think that it is worth it, but its not.

observer from afar  writes on Apr 29th, 2008 1:47pm

I hope everyone who commented or is thinking about commenting here out or anger, sympathy, and so on is or will be actively protesting UP's sexual assault policies as well as petitioning for change. Posting here won't bring change. On the other hand, putting the University in a particularly reprehensible light within the public gaze may.

(Also, in response to "Say What?" Saying "While the University poorly handled this atrocity through its policies in need of reform, it's not all that bad a place because it has good graduation and retention rates" really disregards Kerns's rape in a way worse than the University itself. You're putting rape on par with graduation, among other relatively unimportant, rates and saying that the University isn't that bad a place? That sort of claim commends the University in one area while openly disavowing its dark underside and all its suffering which, of course, is not compensated by having a lot of students graduate. Shame on you.)

UP helped me  writes on Apr 30th, 2008 11:44pm

My freshmen year at UP I was sexually assaulted off campus by a fellow student. A week after it happened, I finally told Public Safety, who in turn informed the Judicial Coordinator. My case was "she says" vs "he says" with no physical evidence and no witnesses. The Judicial Coordinator was unbelievably supportive and helpful. She took my story, got his, and then went over his side of the story with me to clear up any conflicts (and from what I was told, she went over my story with him to clear any conflicts he might see).

In my personal experience as a victim who went through UP's process, the Judicial Coordinator was an extremely good judge of character, handled things efficiently and effectively, and even though I had been drinking that fateful night, she never made it seem that I could be at fault nor did she tell me I would have to suffer those consequences of drinking…because obviously I had suffered enough.

I would appreciate it if the Willamette Week wouldn't slander the name of the Judicial Coordinator who helped me so much in my time of need. And I would also appreciate it if the Willamette Week would practice some better journalism and try and get the "alleged" assaulter's side of the story...maybe we are only getting one view of things.

It's not always the guy's fault you know...some girls cry "assault" as a way to justify their indiscretions.

...just something to think about...

AgainstBlamingAmy  writes on May 1st, 2008 8:06pm

It's not always the guy's fault you know...some girls cry "assault" as a way to justify their indiscretions.

unnecessary.

its not a matter of what happend that night. the school didn't report the number to the fed, which is required regardless of the outcome. the school also claimed that drinking made it so consent or non-consent could not be determined, which is against the legal definition of both rape and sexual assault.

im glad UP helped you. however, it just takes one instance like this to show the the policies need to be changed.

also, its not slander if its her words. she wrote those words, she needs to live up to the consquences.

anonymous  writes on May 2nd, 2008 6:31pm

I understand that the young man went to the doctor the next day and has medical proof that it was he who bled. Interesting accusations here.

a UP student  writes on May 13th, 2008 2:04am

First of all, I admire the courage that people like Amy have when they decide to speak out and use their personal story to prevent others from having to suffer the same way in the future. It is stories like this that get people interested, involved and motivated to make change. I also strongly agree that we need to see this policy change in the near future and that more students need to become aware of this. I am glad that ASUP is doing something about it, that it was covered in The Beacon and now it is being spotlighted here.

I am also sorry to hear that these things happened to people in our own community and that our school handles it in such an inappropriate and outdated manner. I do feel that they have some unrealistic beliefs about policies and students and that they can harm some students.

However, I feel that it is uncalled for people use the policies as an excuse to tell others "DO NOT come to this school. You may think that it is worth it, but its not." That is in no way relevant to the matter at hand: the fact that we need to make this change now to better others in the future. I have had a great experience this far at UP and I am looking forward to the rest of it. UP does have its flaws, as does every other school, but I believe that for me, the positives have outweighed the negatives and I am happy where I am now and eager to see change happen soon.

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