Ex Comm finds assault case inconclusive

By Emily Bell and David Oppenheim

LIZ OLINER/YH The alleged victim reported that Ex Comm heard testimony on the fourth floor of SSS on Wed., Feb. 11 from both sides in the sexual assault case involving three juniors.

The two accused juniors and their accuser had testified separately before Ex Comm on the afternoon of Wed., Feb. 11. The alleged victim claimed that Ex Comm reached the decision that "there was not a preponderance of evidence that sexual assault took place."

The investigation stemmed from an incident which allegedly occurred on Sun., Nov.16, 1997. According to a report filed by the alleged victim with the Yale Police Department on Thurs., Nov. 20, the accuser had gone to the apartment of the two accused juniors to watch a televised Sunday night football game. Less than an hour after her arrival, the two men allegedly took off the woman's shirt while holding her down, forcibly removed her bra, and fondled her breasts. The victim also alleged that one of the men attempted to force her to perform oral sex.

The two male juniors declined to comment on both the alleged incident and the decision reached by Ex Comm.

According to the alleged victim, in addition to reporting the case to the Yale Police Department, she filed a complaint with the Yale College Dean's Office, which then referred her to Ex Comm. Ex Comm's function is to review disciplinary cases involving members of the Yale community and to determine the appropriate University response.

"Ex Comm views any complaints as potential offenses against the community, and thus, the individual [bringing the complaint] doesn't have control of the scope of the investigation," Alice Carter, psychology professor and Ex Comm faculty representative, said.

The committee's three undergraduates and 12 faculty and administration members maintain a strict code of confidentiality surrounding their actions. As committee chairman, Robert Zinn, director of graduate studies in astronomy, explained, "It is a firm rule that everything is kept confidential in order to be fair to all the students who are involved." However, one Ex Comm member did confirm that the group heard a sexual assault case concerning three Yale students on Wed., Feb. 11.

The alleged victim expressed mixed feelings about Ex Comm's investigation. "I understand why they reached the conclusion that they did although it does send an unfortunate message to victims that saying `no' and actively struggling are not enough to show that behavior is not consensual," she said. "But walking out of the building [where she testified], I just felt a tremendous sense of relief in knowing that I had done all that I could do."

In addition to bringing the matter before Ex Comm, the alleged victim has participated in the ongoing criminal investigation of the incident.

Yale Assistant Police Chief James Perrotti pointed out that while the case involved Yale students, it occurred at an off-campus address. In such a situation, Perrotti said that the normal procedure is to talk to the New Haven Police Department (NHPD) "to see if we want to [investigate] jointly, especially in important cases such as this one." The NHPD became the lead investigative agency almost immediately after the report was filed with Yale Police.

NHPD Spokeswoman Judith Mongillo confirmed that New Haven police were "investigating a complaint of sexual assault made by a Yale student involving two other Yale students." Mongillo reported that the NHPD recently completed its own investigation and passed on its findings to the State's Attorney's office. Mongillo explained that in general, with sexual assault cases, the police must present a request for an arrest warrant to the State's Attorney and show probable cause. Mongillo could not disclose the details of the NHPD investigation, however.

Rafael Segarra, a detective in the NHPD's sex crimes unit, said that in such sexual assualt cases, if the victim's allegations are true, the accused could be charged with second-degree sexual assault and first-degree criminal attempt to commit sexual assault.

The alleged victim has not yet decided on whether she will proceed with the criminal investigation. "It's so mired in bureaucracy that its tolls on my emotional well-being are far greater than its potential benefits," she said.

In addition to Ex Comm and the NHPD, the victim said she contacted Yale Athletic Director Thomas Beckett on Tues., Nov. 18, since one of the accused is a member of the Yale football team. With the Yale-Harvard Game approaching, the alleged victim said that she met with Beckett and recounted the incident. "I was under the impression [after we talked] that punitive measures would be taken," she said.

However, the player who was allegedly involved in the incident suited up and played in "a significant portion of the game," according to the accuser.

The alleged victim said she was upset after finding out that the accused actually participated in The Game. She then called Beckett, who told her that he could not be "judge and jury."

Beckett said he would neither "confirm nor deny" any Athletic Department involvement in any aspect of the case, including whether he was contacted by the alleged victim. "All individuals are entitled to due process," he said. "The process at Yale that everyone is entitled to--due process--is the issue that the University must always keep as its first and foremost responsibility." He insisted that the entire case "demands confidentiality" and said that University policy restricted him from elaborating further.

The process of bringing the incident to Ex Comm, the police, and the Athletic Department has had serious emotional ramifications on the alleged victim. "The effects of assault are emotionally devastating; I'm probably not fully aware of the toll it's taken on me. My life has changed unalterably and considerably since the event," she said.

LIZ OLINER/YH The Women's Center convened its second meeting on sexual assault in as many weeks in the Silliman Common Room on Wed., Feb. 11.

According to the accuser, her emotional trauma led her to seek help from Yale Mental Hygiene, which ironically led to further stress. After being put on a waiting list for more than a month, the accuser stated that she felt that "Yale was valuing due process over human emotion, which was a very isolating feeling."

Even though neither the Athletic Department nor Ex Comm decided to take punitive action, she believes that bringing the case forward was the right decision. "I would certainly hope that potential victims or assaulters would be more cognizant of their actions to prevent assault," she said.

David Altschuler and Jennifer Supernaw contributed to this story.

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