PSU news by
Penn State's student blog

Topics

About

Penn State Withdraws Suspensions In Sexual Misconduct Case, Implements New Procedure

Penn State is withdrawing the two-semester suspensions of two Alpha Chi Rho fraternity brothers in a sexual misconduct case and expunging their records. In light of the withdrawal, the university is implementing a new procedure for sexual misconduct cases.

The accused sued Penn State, President Eric Barron, and senior director of student conduct Danny Shaha for violation of due process rights to confront their accuser after the two were found guilty of violating Penn State’s Code of Conduct through the investigative procedure.

Penn State’s sexual misconduct investigative process the accused sued over works like this: An investigator interviews the accused, accuser, and others involved then puts together an information packet which a three-person panel uses to decide if the accused’s actions were a violation. Cross-examination is done only via questions to the investigator, but the accused are allowed an adviser and may object to any information from the panel. Shaha testified that since the panel isn’t given names of the accused or accuser, there is no bias in the process.

The new student body-wide procedure will allow the accused to defend themselves to a different decision panel. The process will allow them and sexual misconduct defendants from here on out to observe possible interaction between the complainant and the panel (either recorded and shown later or the accused will be in a different room watching a live video stream) and after add pertinent information to the investigative packet, and to stand before a Title IX decision panel and propose questions to ask of other parties.

The Code of Conduct violation (now expunged) was for engaging in non-consensual oral sex and sexual misconduct involving an incapacitated individual. They and two other fraternity brothers claim they were in the basement of the fraternity house on Dec. 5, 2014 when a woman suggested a “fivesome” and performed oral sex on them.

The accuser’s sister reported the incident to State College police, but no charges were filed. The woman claimed she was too drunk to consent to the sexual activity, but the accused claim she was acting normal. They also claim the woman made a complaint because she was upset when denied access to a fraternity formal later because her date was not a member of Alpha Chi Rho.

U.S. Middle District Judge Matthew W. Brann said the university “has adequately shown a willingness to not only depart from its policies in material ways but to do so in an expedient fashion” in his order to dismiss the injunction motions.

About the Author

Sara Civian

Sara Civian is one of Onward State's three ridiculously good looking managing editors, a hockey writer at heart, and an Oxford comma Stan. She's a senior majoring in journalism, minoring in history, and living at Bill Pickle's Tap Room. Her favorite pastimes are telling people she's from Boston, watching the Bruins, and meticulously dissecting the My Beautiful Dark Twisted Fantasy album. She's seen Third Eye Blind live 14 times. If you really hate yourself, you can follow her at @SaraCivian or email her at [email protected]

Comments

More by Sara

Penn State Hockey Defenseman Vince Pedrie Signs With New York Rangers

Penn State hockey sophomore defenseman Vince Pedrie will forgo his last two years of college eligibility to sign with the New York Rangers. Pedrie announced his decision via Instagram (what a time to be alive, right?) Monday night.

[Column] Penn State Hockey Became Elite This Season And It’s Just The Beginning

Penn State Ruined College Hockey And It Could Hardly Care

Athletics

Incoming Penn State Track & Field Athlete Kristian Marche Shot To Death In Philadelphia

The incident surrounding Marche’s death is “under investigation,” according to the Philadelphia police department.

Former Women’s Gymnastics Coach Files Lawsuit Against Penn State Over Handling Of Abuse Allegations

Men’s Soccer Trio, Reading United Win PDL Eastern Conference Title, Fall Short Of National Championship

Penn State Hockey’s Evan Barratt, Aarne Talvitie Participate In World Junior Summer Showcase

Ally McHugh Wins 400 Medley National Championship

Student Life

Penn State Parking Office Runs Into Student Permit Purchase Issues

Students were delayed hours on Tuesday afternoon while trying to purchase on-campus parking permits.

Girirajan Lab Seeks To Bridge The Gap Between Fly And Human Genomes

Join Onward State: Fall 2018 Application

Plans Submitted For New KFC In State College

Developers have submitted preliminary land development plans to build a new KFC restaurant at 1780 S. Atherton St. in State College.

Join Onward State: Fall 2018 Application

Onward State is hiring for the fall semester and we’d love to have you join us.

Incoming Penn State Track & Field Athlete Kristian Marche Shot To Death In Philadelphia

The incident surrounding Marche’s death is “under investigation,” according to the Philadelphia police department.

Be the first to know

  • Top posts and the best Penn State stories

Thank you for subscribing.

Something went wrong.

Madden NFL 19 Ratings For Nittany Lions

For the second consecutive year, Sean Lee is the highest-rated Nittany Lion in the Madden video game.

Send this to a friend