RUPD email language harmful to students

By Adelina Koleva     4/9/14 12:40pm

Trigger warning : This article discusses issues surrounding sexual assault.

Before I begin, I would like to emphasize that I know nothing about the specifics of the event which occurred recently, nor is it my business to investigate said incident outside of the information that the student body received from RUPD. I am focusing exclusively on the language of the emails, which many students and alumni other than myself have found to be problematic. In addition, I would like to also articulate that I am writing this with the explicit permission and guidance from a representative of the Lovett College community as well as other survivors to ensure that I am entering this discussion as sensitively as I possibly can.

With regard to the emails the student body received two weeks ago, I have managed to obtain clarification on the RUPD communications from both administrators and fellow students more familiar with these issues. Although this has already been publicly explained a couple of times, I would like to reiterate my findings for those of us who did not have prior knowledge with regard to the discrepancy between Rice policy and the Texas Penal Code, so that members of the community who are still unfamiliar with this distinction — particularly out-of-state and foreign students — can be better informed.

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My initial assumption was that the confusion resulted from a simple miscommunication; this was not the case. The confusion stemmed from the fact that I, as well as other students, wrongly assumed the Rice sexual-misconduct policy is consistent with Texas state law. The Student Code of Conduct includes non-consensual sexual contact in its definition of sexual assault, which is the case in many state laws — including New York, Pennsylvania, California, Utah, Kansas and Louisiana, just to name a few. However, this definition is not, in fact, shared by the Texas Penal Code (Sec. 22.011). Instead, the Texas Penal Code describes acts of non-consensual sexual contact as simple assault (Sec. 22.01). However, I was told intent of sexual assault — despite the implication of the name — is actually considered a more severe offense than simple assault. I was also told the reason the emails were worded in this way is because RUPD typically launches investigations by using the definitions provided by Texas law.

Despite all of this, the issue I am trying to bring up is not one that has to do with the nuances of Texas law. Instead, I would like to focus on the fact that the student body received communication from RUPD that directly contradicted Rice policy. Hopefully, I will be able to explain why I think this is a concern.

Every student at Rice University is bound by a set of core values outlined in the Code of Conduct, which includes the university’s policy on sexual assault. The wording of the emails, although expressed using language regarded acceptable by the Penal Code, came across as insensitive to these values. Although the incident involved an outside party, the notifications were ultimately sent from and received by members of the Rice community. That being said, I believe the RUPD communications had the unfortunate side effect of confusing a university policy which is already misunderstood by so many of us — including myself. Such confusion is a threat to student safety, because most perpetrators typically do not realize they are committing a crime (some victims may not immediately realize it either). I know that many students other than myself would feel much safer knowing there is no doubt in anyone’s mind as to what constitutes acceptable behavior at this university, which is one reason why we found the emails disconcerting.

Protecting students is not just about fighting misconceptions. More importantly, it’s about implementing a much-needed sensitivity toward a victimized community, whose aftermath is often colored by fear and distress. To integrate a broad definition of sexual assault is to communicate sensitively on such issues without opening discussion to the details of the event itself. The more unnecessary information the community is provided with, the higher the chances are that subsequent conversation will only promote further distress. In this respect, I believe the notifications included unnecessary details about the incident which failed to give the victims and the case space. The communication was thus unsuccessful in reinforcing one of Rice’s core values, which is to put the physical, emotional and mental welfare of the community above all else, including, on some occasions, our collective desire for information.

In light of this unhappy incident, I would like to make some productive suggestions. Since the university’s definition of sexual assault is often something students already find confusing, and since seeking clarification can have the undesired side effect of inciting additional trauma, I believe communications of this nature should seek to limit the narrative in such a way that it does not contradict Rice policy. In accordance with the Clery Act, the RUPD crime logs use the term “sex offense” in reference to such crimes. I believe this classification is broad enough to encompass both Texas law and Rice policy, and therefore sensitive enough for our community in that it does not necessitate any specific accounts of the event. This kind of language goes a long way in reassuring students who, like me, feel extremely protected by policies which embrace a broader definition of sexual assault.

There has been discontent amongst students with the fact that the notifications were sent so late in the timeline — a logistical issue which I certainly hope will be addressed in the near future through further productive dialogue. Despite all of this, I would like to mention that I personally am extraordinarily grateful to both the administration and to RUPD for working hard to keep us safe and for being surprisingly open to discussion. I hope they will continue to do so in the future. Finally, I would like to bring attention to the fact that April 7-10 is Sexual Assault Awareness Week at Rice; this is a good opportunity for all of us to further educate ourselves, revisit Rice’s policy and continue to support one another as we continue to navigate these issues.

Adelina Koleva is a Martel College senior

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