Denise Maybank: Stop standing in the way of justice for sexual assault survivors
Denise Maybank, Vice President of Student Affairs and Services; cc: Michigan State University Board of Trustees
We know that there is a crisis of sexual assault on campus, here and throughout the United States, and that to make our campus and society safe for women, LBGT people, and all of us that we need to challenge rape culture, hold abusers accountable, and support survivors. Sadly, Michigan State University has failed in preventing sexual assault on campus and in supporting survivors. Indeed, the Federal Office of Civil Rights found in its investigation of Michigan State University in the past year that the university had critically and systemically failed in its investigatory and disciplinary practices and in doing so had created a hostile and discriminatory environment.
In response to this investigation and finding of critical failure, the university has established a new protocol for investigating violations of the Relationship Violence and Sexual Misconduct policy, which included the creation of an independent Office of Institutional Equity to determine if the RVSM policy was violated and the creation of a new board to administer penalties for violations of the policy. The OIE and disciplinary board both have processes to ensure an unbiased investigation and provide an appeals process.
However, this policy has been systemically undermined by the actions of Denise Maybank, the Vice President for Student Affairs and Services. The RVSM policy empowers the Vice President to adjudicate final appeals of the OIE finding of fact or the disciplinary board's decisions, beyond the appeals that those organizations have also instituted. If we are to have confidence in the infrastructure for investigations and punishments put into place to address the university's civil rights violations, Maybank should rarely have to change any decision.
But this has not been the case. In one recent case, a person found guilty of sexual assault and whose conviction was upheld in the internal appeals process made a final appeal to Denise Maybank, she not only reviewed the information provided by the investigatory body, but -incredibly- hired her own legal team to re-investigate the entire case, ending with her overturning the conviction. In a recent case, after a student had been found to have sexually harassed two women and after he had been found guilty in a court of law, the disciplinary board recommended expulsion. Yet, in his final appeal Denise Maybank chose to reduce his suspension from an expulsion to a two year suspension because it was his first offense. It is incredible that Maybank not trust the institutions put into place to protect students under federal supervision.
Indeed, Denise Maybank's pattern of overturning the decisions of the Office of Institutional Equity (and its predecessors) and otherwise interfering in the university's established systems destroys the work done to try and make our campus a safer place. It enables rape culture and it serves to make our campus a worse environment for all of us. The Vice President of Student Affairs and Services is not an investigatory position, and as such they should stay in their lane. We ask you to join us in demanding that this power of final appeal be removed from the Vice President and in demanding that Denise Maybank voluntarily relinquish this power.
To:
Denise Maybank, Vice President of Student Affairs and Services; cc: Michigan State University Board of Trustees
From:
[Your Name]
In the past year, a federal investigation found the university in violation of Title IX in its critical and systematic failure to support survivors of sexual assault and to protect students from rapists. In response to this, the university revised its sexual assault policies and created the Office of Institutional Equity. The Office of Institutional Equity is solely charged with conducting impartial investigations and finding of fact in violations of the the Anti-Discrimination Policy and the Relationship Violence and Sexual Misconduct Policy. This new system was intended to address the critical failures in offices previously assigned to these investigations, including the Office of Student Affairs and Services and the Office of Inclusion and Intercultural Initiatives by providing a fair and supportive system for survivors and assuring impartiality in investigating.
In your role as Vice President of Student Affairs and Services, you are given the final authority in appeals of decisions of the Office of Institutional Equity and the decisions of the ADP/RVSM Review Panel in determining punishment. By the time any case has reached you, it has gone through a full round of decisions and appeals, and in many cases the appeals have resulted in no change to the finding of fact or the appropriate punishment. Therefore, if we are to trust in the Office of Institutional Equity, and the university's policies, it would seem that it should be rare that your review as Vice President of Student Affairs and Services would result in any change in the outcome.
Yet this is not the case. You have previously hired a full investigation team, unbound by the normal review policy, to overturn a finding that a student violated the university's Relationship Violence and Sexual Misconduct policy. Likewise, in a recent case where a decision had been made by the OIE and Review Panel and upheld in full during the disciplinary hearing and initial appeals, you chose to reduce the punishment from expulsion to a two year suspension. Though you admit there was no issue in the finding of fact that the student in question had harassed two women and despite his admission of guilt in a criminal sexual harassment case, you claimed that as this was his first violation of university policy, he did not deserve to be expelled. Worse, as your decision cannot be appealed, there is no way to challenge your judgement of the case, or even to learn what methodology you use in making these determinations.
We, the undersigned, can only conclude from your systemic behavior of overturning decisions from the Review Panel and the OIE that you do not intend for the new policy to meaningfully take effect. We believe that you are meant to be in charge of student services, and that you are not a professional investigator, and as such should stay in your lane. To that end, we demand that the RVSM be modified to strip you of the power to overturn decisions of the OIE and Review Panel and that you step aside from all future investigations. Let the systems that were set up under federal supervision do their job.
In solidarity with survivors,
The undersigned