We Demand

In establishing and sharing these demands, we expect a timely and thorough response from the College regarding each demand. We expect immediate action, and a plan to enact change written and submitted to the student body in the name of President Smith and the College within one week from the date these demands were delivered, March 19, 2018. For each of the demands outlined below, we expect the College and President Smith to release a written explanation of how they are responding (i.e. if they are meeting the demand, how so, and if they are not, why not).

We demand a restructuring of Title IX policy and procedures to create a system that protects survivors and facilitates justice. 

• Swarthmore must, by the start of the 2018-2019 school year, have fully transitioned to an investigative adjudication process for all formal complaints, rather than the current hearing-based, model.
• Swarthmore must cut ties with external adjudicators who have, in the course of their work with the college, violated students’ rights, and must cease the practice of hiring retired judges.
• Swarthmore must clarify and make public the training requirements for investigators, relevant staff, and external adjudicators and ensure that such training is trauma-informed and sensitive to the needs of queer and non-binary students. The college must prohibit inappropriate and victim-blaming questions at all points during the investigative process and hold staff members who engage in these lines of questioning accountable.
• Swarthmore must ensure that our right for Title IX proceedings to not exceed 60 days is protected. The college must increase staff accountability to students when delays occur by ensuring that the students involved are appropriately notified of the delay and why it occurred.
• Swarthmore must appropriately prepare and support all witnesses to be involved in the investigative process. Witnesses must be given the opportunity to meet with an advocate, and attain relevant academic and supportive accommodations.
• Swarthmore must limit the length of all in-person procedures, such as investigative interviews, not to exceed a few hours.
• Swarthmore must extend the appeal window to allow adequate time for survivors to acquire additional advice and support.
• Swarthmore must ensure that the conditions of sanctions are detailed, enforceable, and appropriately severe. Swarthmore must add a section to their sexual harassment and assault policy that defines the minimum and maximum disciplinary action possible for respondents found guilty of specific types of sexual violence.  The college must also clarify and make public the process of reapplication for students found responsible.
• Swarthmore must mandate specific, formal behavioral change and counseling programs for all perpetrators found responsible–including those previously found responsible who still attend or will return to Swarthmore College. Returning to school and remaining in school must be contingent on the respondent’s successful completion of such a program, and continued enrollment in such a program if deemed necessary by the program’s professionals at the time of re-enrollment.  
• Swarthmore must mandate that any student who is found responsible for violating a TIX policy and decides to transfer to another school disclose their standing with the College, and must list their standing to any copy of their official transcript.

We demand viable interim measures that meaningfully ensure survivors’ comfort and safety while limiting the ability of perpetrators to continue harm.

• Swarthmore must prohibit any student who is not in good standing with the college (currently on probation or suspension) or who has been identified as a respondent within the College’s sexual assault and sexual harassment adjudication process from serving  in a position of power at the College. Such individuals will be removed from any Residential Peer Leader (RA, DPA, GA, SHA) positions or TA positions they already hold, and prohibited from applying in the future.
• Swarthmore must add clear enforcement mechanisms and consequences for non-adherence to their policy on contact restrictions.
• Swarthmore must institute a policy that any student who is not in good standing with the college (currently on probation or suspension) or who has been identified as a respondent within the College’s sexual assault and sexual harassment adjudication process is placed on social probation as an interim measure, until the resolution of the complaint. Social probation must prohibit attendance in registered social events as well as prohibit involvement in fraternities, sororities, or other specific programs or groups.  Allow for interim suspension to be considered in cases where ongoing danger is present.
• Swarthmore must change its policy on contact restrictions and any disciplinary measures so that they do not require the agreement of the person who caused harm.

We demand that “good standing with the college” be a formal condition of involvement with the College through positions of power/leadership or interactions as alumni.

• Swarthmore must change the hiring process for Residential Peer Leaders as well as Teaching Assistants to include clearance through the Title IX office that there have been no complaints made against candidates.
• Swarthmore must stop extending invitations to return to campus, whether for Alumni Weekend, class reunions, or opportunities to speak on panels or give talks to any alumni who have had complaints made against them.

We demand education and supportive services for survivors and all students that ensure our wellbeing.

• Swarthmore must provide an external lawyer or legal advocate for survivors, whether through a College-hired advocate or through pro-bono resources. All Swarthmore staff must cease the practice of discouraging survivors from legal counsel as long as respondents are encouraged to utilize a lawyer through formal procedures.
• Swarthmore must hire a specific CAPS staff member to provide support for survivors who choose or do not choose to pursue further options. All CAPS therapists must be trained in trauma-informed survivor support as well as trained in Title IX policies.
• Swarthmore must update the CAPS website with a list of staff members and their specific training in this area so students can make informed decisions about support.
• Swarthmore must inform all students during Orientation of their complete Title IX rights, including thorough and clear information on the processes of making a report and filing a complaint. Our consent education must be in-depth, ongoing, trauma-informed, and sensitive to the needs of queer and non-binary students.

We demand an end to the dangerous structure of fraternity housing on campus.

• Swarthmore must remove students living in the fraternities immediately and relocate them to regular campus housing. By the start of the 2018-2019 school year, the college must terminate its leases with Phi Psi and Delta Upsilon and rename and democratize the buildings they currently lease so that any student or student group can host events there.
• Swarthmore must begin a thorough, formal, and transparent process of examining whether the existence of fraternity organizations on campus is aligned with Swarthmore’s professed values of inclusion and justice.

We demand individual staff changes and changes in institutional policy.

• We demand the resignation of Dean of Students Liz Braun, for her historic and ongoing unwillingness to meaningfully respond to student concerns about policy and practice, as well as her past inappropriate conduct as a participant in the adjudication of Title IX cases other failures to protect students.
• We demand the resignation of Associate Dean of Students Nathan Miller, for his historic and ongoing enabling of Title IX violations and policy mishandling during adjudication processes.
• We demand the resignation of Associate Director for Investigations Beth Pitts, for her historic and ongoing mistreating and disbelieving of survivors and ineffective overseeing of the office as a whole.
• Swarthmore must release the findings of the external review of the Dean’s Office to the student body.
• We demand that Michelle Ray, who previously served as Case Manager for accused students and currently serves as the Interim Title IX Coordinator, must no longer be involved in the Title IX Office.  Her ability to serve students in these roles has been compromised by the College’s mishandling of her transition between these roles.
• Swarthmore must conduct an external review of Public Safety as a whole, for the ways in which the office continues to mishandle Title IX concerns and disproportionately mistreat women, students of color, and queer and trans students.
• Students must be informed on the processes of reporting and holding accountable staff members, including Public Safety officers. Accountability mechanisms for Public Safety must not solely be internal, as in determined by Public Safety itself.
• We require timely and thorough written response from all parties involved in the Title IX processes.

We demand a formal apology by Swarthmore College to the many students it has harmed and retraumatized through its negligence, misconduct, and wrongdoings. 

• Swarthmore College, as an institution, must formally take responsibility and admit to its wrongdoing in the name of restorative justice and accountability. We call for a formal, public, and letter by President Smith and signed by all involved in the Title IX process, including but not limited to Dean Braun, Dean Miller, and Michelle Ray, acknowledging this harm and committing to immediate transformation of the structures that have created it.

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A Letter from President Smith

To the Swarthmore community:

Since my arrival at the College, I have been impressed by the passionate commitment members of our community demonstrate in their efforts to make our campus and the world beyond it more just, fair, and equitable. Let me begin by thanking the members of O4S for sharing their letter with me and with the broader College community. I am committed to working with them and their allies to bring about the changes necessary to meet the needs of our diverse community of students, faculty, and staff and to ensure that our campus is safe and violence-free for all.

In preparing my response, I have been governed fundamentally by a desire to respect and honor the experiences of survivors, to be fair to all parties involved, and to respect due process.

As you read through this update, please contact me, or any member of the Title IX team, if you have questions or suggestions.

The following actions are completed, underway, or will be undertaken by the College in the near term:  

Title IX process

Students, faculty, and staff may make Title IX reports to any member of the Title IX team, including the Deputy Title IX Coordinators, who will now hold weekly office hours.

We understand that lengthy investigations and adjudication processes increase anxiety and stress. The College therefore commits to ensuring processes that are fair, equitable, thorough, and free of unnecessary administrative delays and postponements. To that end, we will strive to complete the Title IX complaint process within sixty days from the point when a complainant formally files a complaint and requests a formal process.

Please be aware that on occasion other factors contribute to the length of time it takes to complete a case. For example, students and their witnesses receive every opportunity to provide information related to each case. We also give participants the opportunity to review the information they have provided and to make corrections and provide additional information as needed. Often, we must build in time to conduct additional interviews in order to further clarify information or facts that are in dispute. This level of thoroughness takes time and depends upon the availability and responsiveness of participants. To minimize uncertainty, we will provide regular updates to students during the Title IX complaint resolution process (including weekly updates for students who prefer them). We will also offer witnesses the name of a case manager who can respond to their questions about the process.

We cannot promise that interviews will be completed within a specific timeframe; however, if an interview lasts more than two hours, we will continue to offer participants the opportunity to resume the interview process either after a break or at a later date.

We will create a pool of external adjudicators for the student adjudication process who have both the experience and sensitivity to navigate these complex cases with skill and great care. We will not hire individuals, including retired judges, who lack this level of experience and sensitivity. I will participate in the screening process for candidates for this position.

The range of sanctions for sexual assault and harassment is included in the current student conduct policy. The general process for returning to campus can be found in Section 8.5.3 of the College Bulletin, but additional conditions or expectations may be outlined in a student’s conduct outcome letter. Consequences for violating contact restrictions can be found in the Sexual Assault and Harassment Policy under Section IV. Interim measures D. Failure to comply with interim restrictions. In certain instances, students might request or even mutually agree to a contact restriction on their own, but the College does not require the person who caused harm to agree to a contact restriction before the restriction is imposed.

Education, Training, and Feedback Mechanisms

First-year orientation includes both in-person activities and an online component focused on information and discussions about healthy relationships, relationship violence, alcohol and other drug awareness, building a campus community, consent, campus support resources and sex positivity programming, as well as additional conversations led by RAs, among others, about Title IX. Once hired, the permanent Violence Prevention Educator and Advocate will enrich this programming and supplement it with ongoing efforts that are sensitive to the needs of all students.

We will increase training for faculty and staff to heighten awareness of Title IX issues. The trainings will clarify how they should respond if they learn of a Title IX complaint or if they are themselves subject to sexual violence or harassment. We will make visible the training details for all relevant staff and ensure that such trainings are trauma-informed and sensitive to the needs of all students.

All CAPS therapists are currently trained in trauma-informed survivor support as well as Title IX policies, processes, and identification of key resources. The CAPS website is undergoing revision and will include information on the counselors’ clinical training by the beginning of Fall semester.

We will work with students to create a communication mechanism that will allow them to provide feedback on their experiences with the Title IX process on a voluntary basis. This may take the form of conversations with the Title IX Coordinator or another member of the Title IX team, and/or completion of an anonymous online form.

Earlier this academic year I initiated an external review of the Dean’s Division. I expect to receive the external review committee’s report later this spring. Once I have received the report, I will share an overview of the recommendations and my preliminary response to them.  

Last year, the Department of Public Safety (DPS) initiated a formal accreditation process through the International Association of Law Enforcement Administrators. This process includes an external review of all DPS policies and procedures, as well as an analysis of whether DPS is following best practices. An executive summary of this report and its recommendations will also be made public.

Requirements for Residential Peer Leaders

We have clarified the requirements for student residential peer leaders. Residential Peer Leaders must be able to fulfill their responsibilities and serve as positive role models for residents, which also means they must meet the expectations of their position and abide by the Student Code of Conduct. Effective immediately, to be considered for employment and to serve in any type of residential peer leader role, including RAs, DPAs, SAMs, and GAs, students must be in good standing. A student is not in good standing when the student has been found responsible for a student conduct policy violation and as a result is serving a sanction of  probation, suspension, or expulsion as defined by the Student Handbook.

The College is unable to take the following actions:

The College cannot provide an attorney to complainants or respondents. The decision to obtain and select legal counsel is a personal one and should be made independently of the College. Title IX team members inform students that they are entitled to have an advisor of their choice, including an attorney if the student wishes to have legal representation. We provide a list of off-campus legal resources (including pro bono resources) within the Resources section of the Sexual Assault and Harassment Policy.

The O4S letter mentions imposing certain restrictions on alumni or respondents in the midst of a student conduct process, in the absence of or before an outcome has been determined. As a general matter the College cannot prevent individuals who have been “identified as a respondent” from pursuing leadership opportunities before their complaints have been resolved. Nor can we deny invitations to all alumni “who have had complaints made against them” if those alumni were not found responsible for violating College policy. We must continue to preserve our commitment to due process and constitutional norms.  

Personnel matters are confidential both by law and by practice. I remain committed to finding the best staff to support our students and have established high expectations and performance standards.

The following actions will require additional consultation and/or research by the College:

Title IX Staffing

Searches are currently underway for the Title IX Coordinator and the Violence Prevention Educator and Advocate. We expect to complete both searches by the end of the academic year.  The Title IX Coordinator Search Committee (which includes three students) will host a community conversation on Wednesday, March 28 from 4-5 p.m. in the Scheuer Room; survivors and allies may share their views more privately if they prefer to do so. The Violence Prevention Educator and Advocate Search Committee includes five students; this committee will also invite input from the broader community.  

Additional Policy Changes

Once hired, the Title IX Coordinator will immediately conduct a review of a number of the policy changes called for in the O4S letter and recommend necessary changes, such as shifting to a different resolution model or returning to a longer appeal time frame. A process already exists for student re-enrollment, but the new Title IX Coordinator will evaluate whether we are properly addressing the underlying behavioral issues when assessing a student’s return.

Greek Life

I agree that the College must undertake a more in-depth, focused discussion of the role of the fraternity houses and of Greek Life culture on campus. The Ad Hoc Committee on Well-being, Belonging, and Social Life considered this issue, among others, this year, but I am asking them to focus on it primarily and specifically during the 2018-19 academic year. As O4S observes, this important question requires additional community input and consultation and warrants a “thorough, formal, and transparent” process; I will invite the entire College community to participate in the conversation around this issue.

For Faculty Consideration

I will refer to the Provost the recommendations related to TAs and to notations on official transcripts or student records. Once the faculty has reached a decision on these matters we will update members of the community.  

A final word

I remain deeply committed to continuing to improve Swarthmore’s programming, processes, and policies related to sexual assault and sexual harassment. Further, we must enhance programming focused on building healthy relationships. Together we will continue to strive towards our goal of a violence-free campus where all community members can thrive. I look forward to working with all members of the community to build the type of inclusive, healthy environment that embodies our highest shared ideals.  

Sincerely,

Valerie Smith

President