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Katherine Redmond

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An Alarming Trend at University of Montana

Posted: 01/17/2012 12:28 pm

After the Penn State scandal broke, I was asked if this was finally the tipping point. Would colleges now take sexual assault seriously? Specifically, those by athletes who, as campus and sometimes, national celebrities, seem to operate with relative impunity.

Doubtful. And a new case of a university run amok has emerged to serve as evidence.

This past December, a report that alleged that multiple football players at the University of Montana drugged and sexually assaulted two female students, rumored to be female athletes on campus. On January 7, running back Beau Donaldson was arrested for felony sexual intercourse without consent. He admitted it. The female allegedly blacked out and woke up to him raping her. Most recently, a female student came forward with her story of a Rohypnol rape on February 16 of last year. Her last recollection was a man mouthing "roofie" to her before she blacked out. A friend found her with her pants pulled down to her ankles, lying motionless on the cold, snowy ground outside the University of Montana's Jesse Hall. She reported her assault to the University Health Services and Rape Crisis Center. Nothing happened.

Another young woman came forward about being drugged and raped by members of the football team at an off-campus party in December of 2010 in which the school did not investigate. She filed a police report. No charges were filed and the university never even attempted to contact her.

UM Vice President Jim Foley claims that because the rape occurred off campus between UM students, the school will not investigate. To be clear, Title IX Federal Law still applies even if the sexual assault occurred off campus. While the university did not think it necessary to contact the victim -- a UM student, police have found the time and the impetus to reach out to the football coach. Evidently, the football coach is presumed to be the most affected.

In response to the initial rape allegation involving multiple football players against presumed female athletes, Foley brought in a former Supreme Court Justice, Diane Barz, to head an independent investigation. Barz was named a distinguished alumni of the University of Montana and who sat on the UM law school board of visitors. Though not finished with the "independent investigation," she reported that, "The University appears to have a gap in reporting sexual assaults."

While her appointment as investigator seems to be a conflict of interest, the "protect our team" mentality is evident. The Missoulian newspaper reports that VP Foley is seen personally walking charged athletes to the powerful law firm of Datsopoulos, MacDonald and Lind. Keep in mind, the NCAA specifically states that "an arrangement would not be precluded or a violation provided the firm or agency offers this type of service to other individuals (based upon non-athletics objective criteria) and the student-athlete initiates the contact with the firm or agency."

According to the firm, they frequently represent UM athletes. Milt Datsopoulos was quoted in the Missoulian during the arraignment for Donaldson, whom he represents, as saying, "There is no arrangement by which the firm represents athletes, and the university does not pay legal fees in cases where the firm does so."

If I am not mistaken, it appears he is saying that the firm takes the case pro-bono when the school won't pay the legal fees for the athletes. He continues, "It is true that our entire firm has been involved with the university over the years, with scholarships and donations that don't just have to do with athletics." Datsopoulos currently represents Donaldson and two UM football players who were charged with obstructing a peace officer, disorderly conduct and resisting arrest after an Oct. 23 party at Johnson's apartment.

Foley reasons away the blatant violation of NCAA rules: "When high-profile student issues, or university issues raise their head in the public domain, we regularly meet to figure out how best the university can respond."

The women say police haven't been much help either. It was reported in the Missoulian that Missoula Police Chief Mark Muir was alleged to have spoken to the women about the difficulties of prosecuting sexual assaults. According to the Missoulian, Muir "cited research that showed false reporting in rape cases sometimes nears 50 percent." Interesting he cited a controversial and highly debated statistic, when many other legitimate studies point to an "unfounded" reporting rate of 2-8%, no different than any other crime and certainly not meeting the standard for false reporting. Interesting that he wouldn't cite that one in four women in college would be victim of sexual assault or attempted sexual assault. Most alarmingly, he reportedly closed his discussion with the women by providing them with an article from The Forensic Examiner journal titled "False Rape Allegations: An Assault on Justice.

The school also claims their hands are tied when it comes to these pesky rape allegations. They are not allowed to report them to police. If the school had a similar wave of murders, would the reaction be the same? Of course not. The point being that the school can do something. They can have an independent investigator, one not connected to the university. They can do their own investigation. They can even -- gasp -- suspend or expel the athletes accused of the crime. Title IX mandates suspension and expulsion if the students are a threat to the student body. Using Rohypnol to rape female students is a threat.

Women are slowly coming forward to talk about the systemic protection of athletes at the University of Montana by leaders at the university of Montana, as well as local law enforcement. Citizens have been calling the National Coalition Against Violent Athletes to ask what they can do to dismantle the pervasive environment in Missoula that protects athletes. The lack of institutional control of this university is alarming and, when it occurred at Penn State University, on the east coast, with a legendary coach and program in play, it shocked us all to ask, "How did this happen?" It's happening in Missoula, Montana, and no one outside of this isolated college town knows any better.

Today, the school will have a public meeting regarding the epidemic of rape drug use. Before thinking that this could only be a good thing, consider that the school has a wave of victims going to the media with information that, for once, university and city agents cannot control.

 

Follow Katherine Redmond on Twitter: www.twitter.com/NCAVAORG

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04:48 PM on 01/19/2012
While I absolutely do not condone any of the alleged actions Ms. Redmond writes about here, she unfairly tries to pass these incidents off as if they've been confirmed, which, as someone else pointed out, they have not. All you have to do to realize this is read through the linked stories, and I'm sure you'll also notice she made several other factual errors in her article.

Good journalism doesn't mean picking and choosing which facts and rumors to include or omit to advance your own agenda. Ms. Redmond is not a trained journalist, so I would not expect her to comply to that simple standard. I just hope readers are aware they should take articles like this and others on HuffPo with a grain of salt.
11:32 PM on 01/18/2012
These types of things happen at schools and universities of all shapes and sizes. You have thousands of teens and early 20somethings running around, being on their own for the first time. Not condoning it by any means but to single out this school or any other is wrong. Every school needs to deal with it an UM is being proactive.

http://missoulian.com/news/local/university-of-montana-has-problem-with-sex-assaults-president-says/article_8422fea6-4185-11e1-bda5-0019bb2963f4.html

Also, I do believe the author of this piece has said in the past that all male athletes should not be given the benefit of the doubt. That is wrong. The vast majority nationwide are good, decent people. Remond should actually visit Montana and Missoula before talking about a culture she knows about an passing judgement on an entire university, city and state.
11:25 PM on 01/18/2012
Investigating sexual assaults should be a police duty, not an academic one.
09:22 AM on 01/19/2012
Then the police better start doing their job!
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HUFFPOST SUPER USER
FiredUpRTG
Don't start no stuff; won't be no stuff…
01:43 PM on 01/22/2012
penn state
11:57 PM on 01/23/2012
A perfect example of a witness, who should have gone to the police instead of the school.
10:04 PM on 01/18/2012
It's a Montana problem when you get down to it. Everyone here has the "what happens at home stays at home" mentality that puts enormous pressure on girls to not report rapes.
02:05 AM on 01/19/2012
A Montana problem huh? Please, this an American problem
08:30 PM on 01/18/2012
It is very important when writing articles about these issues to make clear the various roles of the professionals involved. Advocates have a very specific role here, and it is not to force someone to report. Advocacy agencies work from an empowerment model, which increases the likelihood of victims utilizing their services, and prohibits them from filing a report without the victim's involvement. Going to a rape crisis center will never mean that someone has made a report. Advocates will let you know what your reporting options are though.
08:22 PM on 01/18/2012
National coalition against violent athletes?!? You mean there are more than one of you?
05:37 PM on 01/18/2012
This is simply appalling.
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HUFFPOST SUPER USER
Meerkatx
01:29 PM on 01/18/2012
I love football, both pro and college. I am also at the point where I think we as a nation would be better off if football went away. From the college and pro levels too many stories wrong doing, left right and center, people covering up crimes and of course as per normal the police turning a blind eye to actual wrongs. These kings we call football coaches need to be overthrown, their fiefdoms torn down and the people of this country liberated from the evils they have brought us.
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HUFFPOST SUPER USER
dropthedh
Skeptic
12:47 PM on 01/18/2012
Take away their helmets for the next season.
06:17 PM on 01/18/2012
Apparently they don't need helmets.
12:35 PM on 01/18/2012
As a woman, UM graduate, and friend of one of the victims discussed in this piece, I agree with most of what you're saying. The problem is, many of these women reported the assaults long after the fact. They didn't get rape kits, there were no witnesses, etc. You can talk about a culture that doesn't allow rape victims to come forward, but in these cases there was absolutely nothing the police could do. All of the alleged scenarios involved drinking and partying. That doesn't make anything okay, but it does mitigate some of the circumstances you describe above. I've heard many girls say they got drugged, when they were simply really drunk and not wanting to take responsibility for their actions. Think of the consequences that would come about from allowing a person to be convicted of rape with no evidence, just she-said-he-said. For example, some guy turns a girl down; she's upset and wants to get back at him; she reports a rape. The Donaldson case was different, and as you pointed out, he was the only one arrested and he will go to trial.
10:56 PM on 01/17/2012
The Griz athletes at UM "suffer" a sense of entitlement afforded them by the rabid sports enthusiasts in this area. The town worships these big baby boys. This situation doesn't surprise me in the least.
09:25 PM on 01/17/2012
What part of: "According to court records filed in Justice Court, Missoula police monitored a call between the woman and Donaldson the Friday before Christmas. During that call, "Donaldson admitted that he took sexual advantage of (the woman) and had sexual intercourse with her while she was sleeping," an affidavit states.

"He apologized repeatedly and attributed the act to a ‘drinking problem,' as well as pain medication," according to the affidavit written by Donovan."

Is not clear to the people bringing down the author? The supplementary links are included for everyone to read.

Real men do not,for any reason, seek to secure an illegal drug to dose anyone with. It doesn't matter if he had sex with her after as she may have been to afraid to say no to him. She obviously knew he was capable of violence.

The fact that the posters are arguing as to whether or not rape is an epidemic is ridiculous. Rape is a CRIME even if it is done one time.

This is why rape flourishes-the apologists are trying to protect themselves or their "friends".
Who befriends rapists anyway? Much less apologizes for their actions?

So basically it's okay that the one student gets raped right? Just so long as it isn't YOUR sister, niece, or daughter.

This country is a toilet.
09:51 PM on 01/17/2012
I don't think anyone here is trying to defend rapists. Some of us simply think the criticism of the UM community as a whole is a bit unwarranted, as these cases are still in progress. I don't think UM is any more dangerous than any other large campus in this country.

But yeah, no excuses for Beau Donaldson.
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HUFFPOST SUPER USER
morgansher
just disgusted in general
05:46 PM on 01/24/2012
When the community is silent, when it says nothing or when it reacts with denial, then the men who *will* commit those crimes take that silence as tacit permission to go right ahead.
HUFFPOST SUPER USER
emily tripp
Names have been changed to protect the innocent
03:52 PM on 01/19/2012
There would seem to be a critical shortage of "real men."
09:01 PM on 01/17/2012
I graduated from UM. While I was there, there was at least one high-profile case of a fabricated rape story, in which a girl claimed to have been dragged to a van. Down the road in Helena, another alleged rape case ended with the suicide of the accused, who believed he would not have a fair case because he was black. It makes me embarrassed as a man to know that sexual assaults happen, but I do know that it is important to consider only facts in criminal proceedings. I understand the difficulties the university and law enforcement have in investigating these cases, especially when they are not brought forward immediately. Donaldson admitted what he did, and that is a fact. As for the other cases, they are still under investigation.

Please do not judge my alma mater, its athletes, the people of Missoula, or the people of Montana based upon cases that are still under investigation. Rape is awful, and we expect our officials to do their best to do a thorough investigation. They can only do that if victims come forward and present reliable information.
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HUFFPOST SUPER USER
squirrely girl
Assistant Professor ~ Developmental Psychology
10:54 PM on 01/17/2012
From the article it sounds like the university and local law enforcement have issues even when victims do come forward with reliable information. :/
10:48 PM on 01/18/2012
Purplemonkeydishwasher, as someone who taught domestic and sexual violence prevention in the Boston Public Schools, it is rare that survivors of sexual assault fabricate rape allegations. Rarer than that are those who make false allegations and stick with them. Does it happen? Yes. But honestly, it's rare.

I don't think Katherine Redmond is judging UM, its atheltes, and the people of Missoula. I think Redmond is criticizing for how it's being handled and why the process needs to be much more fair for alleged rape survivors. We have a justice system where the odds are stacked against rape survivors from seeking justice against their attackers, defendants, etc. That has to change.

Calling them out for their poor decision making in handling the situation is not the same as judging them. I just want to make that clear.
08:12 PM on 01/17/2012
This won't be solved for some time in Missoula. The police department will be of no help as several police officers have taken part in slipping roofies into women's drinks at private parties. My good friend was roofied last summer and refuses to press charges as she feels it would negatively impact her career. I wish she would come forward, but I respect her decision. When the "law" is unlawful, people in public positions are put in a bad place. Missoula has gone to the dogs...