New focus Date rape Unacceptable Ualbany says
New focus: Date rape
Unacceptable, Ualbany says
GUILDERLAND In the wake of an alleged gang rape at the University at Albany’s uptown campus, university officials have admitted they were at first slow in responding, but said this week that "unacceptable behavior" will not be tolerated on campus.
The three university football players charged rape Julius Harris, Lorenzo Ashbourne, and Charles Guadagno were all freshmen and subsequently suspended from both the university and the athletic program pending the cases outcome.
Harris, Ashbourne, and Guadagno, who were arraigned in Guilderland Town Court are now out of Albany Countys jail, each on $50,000 bail. Each has pleaded not guilty to a charge of non-forcible first-degree rape, a felony.
However, even if the men are found not guilty, they may not be allowed back in the university, according to Susan Herbst, who has been leading the campus since the August death of President Kermit Hall, and was given the title of officer-in-charge on Tuesday.
"We’d have to review that," Herbst said, adding that the three men will not automatically be allowed to come back if they are found not guilty. "The criminal charges are left to the district attorney," she said.
Herbst sat down with The Enterprise on Tuesday to talk about the alleged rape.
"It is completely unacceptable behavior," said Herbst. "Whenever it is reported, our university police do a full investigation." But, added Herbst, "Only the victims can press criminal charges if they wish, or they can choose to drop it."
Rape charges and other serious criminal activities can be investigated by the university police, or by other outside agencies such as local police, county sheriffs, or State Police.
There is also a university judicial system that can investigate students who have broken campus rules dictated by the students code of conduct which is signed by every student.
When it comes to rape though, Herbst said, the university investigation is "partly police and partly counseling." There are counselors as well as various programs available on-campus for both victims and perpetrators of sexual assault, she said.
"We try preventative measures," said Herbst. "Obviously, due to our recent incident, we need to do better."
What next"
On Monday the university, which has 17,000 students, announced the formation of a Task Force on Acquaintance Rape. The task force convened immediately, to target preventing rape by an acquaintance rather than by a stranger.
The task force will be led by the vice president for student success, James A. Anderson, and by the dean of the School of Social Welfare, Katharine Briar-Lawson, and will include students, faculty, and staff from throughout the university.
According to statistics distributed by the New York State Coalition Against Sexual Assault, 80 percent of all sexual assaults are committed by an acquaintance of the victim. Also, for every 1,000 college women, about 35 are raped each year, although few are reported to police, the coalition states.
The coalition is a non-profit organization working to provide support for assault victims, to raise public awareness, and to increase prevention programming.
The universitys task-force announcement came on the same day as a student protest that criticized the university for putting the responsibility of rape prevention on female victims and failing to properly address acquaintance rape. The university had earlier sent out a mass e-mail to students giving them tips such as never to walk alone and to only leave a bar or party with friends.
"The safety tips are important for stranger rape, but more needs to be done for acquaintance rape," said Hebst. "We hope to do better on this."
Other resources are available to students, said Herbst, including a peer-to-peer program to address sexual assault, and a program called Men for Relationship Education and Change, Men REACH, available only to men, where male students are taught to respect women and are educated on what sexual assault is.
Herbst said a campus-wide survey was conducted following the alleged Oct. 15 rape in an Indian Quad dorm room, and faculty are talking with students to try to get a better understanding of the student culture on campus. She added that a more open dialogue between students and faculty needs to facilitated.
"The administrators and faculty members live off-campus, but the students live here," said Herbst. "I think the administrators and faculty have a lot to learn."
The University at Albany held two "open microphone" meetings yesterday for students to speak out on issues surrounding the alleged rape, and a "voice of the student" panel will held today (Thursday) at the campus center.
When it comes to recruitment, Herbst said the recent media coverage of the alleged rape wouldnt affect the public schools recruitment of new students.
"When it comes to parents’ reactions, we’ll answer all of their questions. I will sit down with parents and answer each one," Herbst said. "I don’t think it will hurt recruitment."
Herbst added that during last weekends homecoming, which she said had a very large turnout, there was a special section in the football stadium as well as special events for parents. Herbst said parents are invited to get involved with the university and its events.
Awaiting indictment
Harris and Ashbourne were arrested by the University Police Department on Oct. 16, and Guadagno was arrested on Oct. 18. The alleged rape took place during the early morning hours of Oct. 15.
Herbst said these are the first arrests on "these types of charges" at the university.
In 2004, the body of a 20-year-old suspect in a campus rape was found hanging in a tree near the university; police said he killed himself.
And, attorney Paul DerOhannesian, told The Enterprise last week that in 1990, when he worked for the Albany County District Attorneys Office, he prosecuted and convicted a man from the university of non-forcible first-degree rape, the same charges that are pending in this case.
DerOhannesian said the man had walked into the dorm room of his victim at the university and raped her while she was asleep in her bed.
The crime carries a sentence of up to 25 years in prison.
As it stands now, Ashbourne, Harris, and Guadagno, all from the South, are out on bail and are allowed to return home.
District Attorney David Soaress spokeswoman, Rachel McEneny, said that the men are not required to stay in New York State while they are out on bail, but said she could not comment further on the case.
"It’s still ongoing," said McEneny. "We don’t comment on ongoing investigations." She did say that the three men are not allowed to go on campus and they are not allowed to contact the alleged victim.
Guilderland Town Court issued orders of protection against all three men last week. Town Judge Denise Randall explicitly told a scared-looking Harris during his bail hearing last Thursday night that the order means he cannot make any contact whatsoever with the alleged victim.
It is still unclear whether the men will be tried separately or together on the felony rape charges. McEneny said the district attorneys office will not make a decision until after an indictment is handed down.
Ashbourne is represented by John Casey and Guadagno is represented by Hank Bower both attorneys are in private practice. Harris is being represented by public defender James Millstein.
Millstein and Casey could not be reached for comment.
Bower said that he has no comment "at this stage."
"Guadagno was bailed out on Monday and a plea of not guilty was entered on his behalf," said Bower. He added that Guadagno would not be willing be talk to The Enterprise at this time.
No dates have been set for a trial.
