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Friday, October 8, 2004

Miami U says 5 others
likely weren't notified


Sex-crime victims supposed to get letters

By Jennifer Edwards
Enquirer staff writer

OTHER SCHOOLS
PAID FINES

Two schools have been fined for violating the Campus Security Act: Mount St. Clare College in Clinton, Iowa, paid a fine for $15,000 and Salem International University in Salem, W.Va., is currently appealing a $250,000 fine, according to Security on Campus Inc. and the U.S. Department of Education.

OXFORD - A review of disciplinary files of sexual-assault cases has found that Miami University might not have given federally required notification to at least five other sex-crime victims about the final outcome of the cases, school officials said Thursday.

The university's attorney examined nine sexual-assault cases since 1998 and in six cases found no evidence of written notification, Miami officials said. The review begun this week continues, but Miami is writing the victims in those cases to apologize for the error and to provide correct notification.

Two of the victims still are enrolled; four have either graduated, transferred or left, a school spokesman said.

Thursday, Miami's attorney alerted the U.S. Department of Education. Jane Glickman, spokeswoman for the U.S. Department of Education in Washington, confirmed that Miami had contacted the agency. While she said it was too soon to comment, she stressed that schools are fined only in rare cases where they are found to be blatantly disregarding the law.

"This doesn't appear to be the case, but we've only begun to review it," she said of Miami's situation.

Miami has not been fined before for such a violation, school officials said.

Violations can result in penalties including fines and suspension from federal financial aid programs. The government could fine the institution $25,000 for each instance of violating that requirement, school officials said.

Miami also could risk eligibility to participate in federal student aid programs such as Pell grants and federally guaranteed student loans, according to Security on Campus Inc., a King of Prussia, Pa., non-profit victim assistance and watchdog organization.

An independent audit of notification procedures, record-keeping and paperwork flow will begin as soon as possible, likely next week, Miami University Vice President Dick Nault said Thursday.

Under Miami's disciplinary system, victims are present at disciplinary hearings. But in 1997, the Department of Education reviewed Miami's compliance with the Campus Security Act and said Miami should notify the sexual-assault victims in writing of the final sanctions against their assailants, after all appeals have been processed.

Miami had agreed to do so and tells sexual-assault victims that they are due a final written notification, Nault said, "but we did not follow through on our promise and deeply regret our lapses."

Thursday's development comes after university officials admitted earlier this week that they failed to follow federal law by not providing a 2003 sex-crime victim with a required written notice telling her that her attacker would be allowed to re-enroll at the school in August 2004. The woman says university officials had told her that the man would be barred until 2005.

But the man, Jason Landis, 25, was indicted Wednesday on 10 charges, including the alleged rape of a Miami University student who tried to help him with his studies. He will be arraigned today in Butler County Common Pleas Court.

Landis, of Troy, Ohio, is accused of raping a 22-year-old woman at his apartment Sept. 28. He also faces eight drug-related charges, three of them felonies.

Landis was convicted in 2003 of misdemeanor sexual imposition and aggravated trespass in an attack on a Miami student in her dorm room. The woman, now at another college, was not injured.

Landis served about a month in jail before he was released on an electronic monitoring program.

That victim's father said Thursday that he wasn't surprised to learn that Miami might not have properly notified other victims.

"It's just so sad," he said. "We feel like, had we known it was 2004 instead of 2005, we would have raised such a stink that perhaps they would not have allowed him back. (Miami) screwed up. They screwed up badly and, as a result, somebody got hurt."

But Nault said Thursday that there was confusion at Landis' original hearing. The hearing officer "misspoke" by saying Landis was suspended from campus until 2005; she really meant 2004, Nault said.

"This problem is not unique to Miami," said S. Daniel Carter, vice president of the Security on Campus group. "One of the problems that we see in schools across the country is they are either reluctant to properly share with victims the outcomes in these cases or they seek to restrict their ability to talk about it."

But Miami's situation is especially troubling, he said, because the university was found in violation by federal authorities of the notification requirement in 1997, put on notice and agreed to comply.

After the first victim wrote Security on Campus an e-mail Thursday to "express my deep concerns about errors made ... regarding my sexual assault case," his group called for the U.S. Department of Education to review all sexual-assault cases at Miami since 1997.

Security on Campus said Thursday night that it had filed an official complaint about Miami with the U.S. Department of Education's Chicago office Thursday afternoon.

Carter said Miami was previously found in violation of federal law and pledges in 1997 to provide - to accusers and accused - written final results of student disciplinary action in all sexual-assault cases.

"We've been through this with them before," Carter said, "and they still don't seem to get it after seven years."

The school's Associated Student Government was unaware that the administration was not notifying victims, said Steve Rayo, the group's vice president for student services.

"Obviously it's a problem, and obviously it's something we'd have to take a look at," he said. "We've taken a no-tolerance stance on the issue in general."

Kristen Muthig contributed to this report. E-mail jedwards@enquirer.com




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