Oct. 8, 2010
No Charges Filed in Marshall Investigation into Alleged Sexual Assault
No Evidence Student Safety Compromised
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Marshall University’s Public Safety Director James Terry will not file sexual assault charges in connection with a September 12 incident in or near a freshman dormitory. “There is insufficient evidence to pursue any charges relating to the alleged sexual assault or to substantiate that such an assault even occurred,” Terry said in a prepared statement.
Earlier, the Charleston Gazette had reported that university officials were investigating an alleged “gang rape.” However, the story cited a “crime log” as stating that a call was received at 1:12 a.m. September 12 that four males had assaulted a man and a woman at the South First Year Residence Hall.
Initial dispatch statements do not necessarily confirm or dispute the nature of the incident. At the time of a police dispatch, no investigation has occurred. However, institutions receiving federal funds are required to comply with the Clery Act, which has a broad definition of an offense.
A handbook on Clery Act reporting states: “You are required to report offenses, not the findings of a court, coroner, or jury, or the decision of a prosecutor. Classify and count crimes from the records of calls for service, complaints and investigations.” http://www.securityoncampus.org/pdf/handbook.pdf
Although the handbook calls for a timely warning, the decision to release information is “one a case by case basis in light of all facts concerning the crime.” Factors considered are whether there is an on going danger and whether the issuance of a warning would endanger the investigation. In addition, an institution may temporarily withhold the release of information which would jeopardize an ongoing investigation, jeopardize the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence.
(Editor’s Note: If investigation shows the alleged crime reported did not occur, then, the log should contain the description of the alleged crime followed by a statement of “unfounded.”)
The University’s Department of Communications had stressed there is not a predator on the loose and students are in no danger. Dave Wellman , a spokesman for MU, stated Thursday afternoon, Oct. 7, “We are conducting a careful and thorough investigation, including consultation with the prosecuting attorney.”
Wellman in a statement stressed "Marshall University is not in violation of the Clery Act and there is no evidence to suggest that student safety is compromised. Should such information arise, Marshall would certainly notify the campus community and take additional steps necessary to ensure student safety."
Terry in his release also explained, “"If there had been an ongoing threat to any members of our community, we would have notified them immediately.”
Information obtained by the Parthenon, the university’s student newspaper, from MUPD did not contain any reference to a sexual assault.
Still, the Cabell County Prosecuting Attorney’s Office had been contacted. Prosecutor Chris Chiles has declined to file criminal charges. He told the Herald Dispatch, “I can’t go on suspicion, conjecture, innuendo… there is no evidence.”
Terry told the HD that an investigation (of some sort) is still on-going and the identities of the victims must remain anonymous. He declined to specify what occurred that precipitated the crime log statement.
The Charleston Gazette has contacted the U.S. Department of Education. Jane Gluckman, a spokeswoman for the Department of Education, told the Gazette the department would determine if a review of Marshall’s Clery Act “early warning” procedures is necessary.
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No Charges Filed in Marshall Investigation into Alleged Sexual Assault
No Evidence Student Safety Compromised
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Marshall University’s Public Safety Director James Terry will not file sexual assault charges in connection with a September 12 incident in or near a freshman dormitory. “There is insufficient evidence to pursue any charges relating to the alleged sexual assault or to substantiate that such an assault even occurred,” Terry said in a prepared statement.
Earlier, the Charleston Gazette had reported that university officials were investigating an alleged “gang rape.” However, the story cited a “crime log” as stating that a call was received at 1:12 a.m. September 12 that four males had assaulted a man and a woman at the South First Year Residence Hall.
Initial dispatch statements do not necessarily confirm or dispute the nature of the incident. At the time of a police dispatch, no investigation has occurred. However, institutions receiving federal funds are required to comply with the Clery Act, which has a broad definition of an offense.
A handbook on Clery Act reporting states: “You are required to report offenses, not the findings of a court, coroner, or jury, or the decision of a prosecutor. Classify and count crimes from the records of calls for service, complaints and investigations.” http://www.securityoncampus.org/pdf/handbook.pdf
Although the handbook calls for a timely warning, the decision to release information is “one a case by case basis in light of all facts concerning the crime.” Factors considered are whether there is an on going danger and whether the issuance of a warning would endanger the investigation. In addition, an institution may temporarily withhold the release of information which would jeopardize an ongoing investigation, jeopardize the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence.
(Editor’s Note: If investigation shows the alleged crime reported did not occur, then, the log should contain the description of the alleged crime followed by a statement of “unfounded.”)
The University’s Department of Communications had stressed there is not a predator on the loose and students are in no danger. Dave Wellman , a spokesman for MU, stated Thursday afternoon, Oct. 7, “We are conducting a careful and thorough investigation, including consultation with the prosecuting attorney.”
Wellman in a statement stressed "Marshall University is not in violation of the Clery Act and there is no evidence to suggest that student safety is compromised. Should such information arise, Marshall would certainly notify the campus community and take additional steps necessary to ensure student safety."
Terry in his release also explained, “"If there had been an ongoing threat to any members of our community, we would have notified them immediately.”
Information obtained by the Parthenon, the university’s student newspaper, from MUPD did not contain any reference to a sexual assault.
Still, the Cabell County Prosecuting Attorney’s Office had been contacted. Prosecutor Chris Chiles has declined to file criminal charges. He told the Herald Dispatch, “I can’t go on suspicion, conjecture, innuendo… there is no evidence.”
Terry told the HD that an investigation (of some sort) is still on-going and the identities of the victims must remain anonymous. He declined to specify what occurred that precipitated the crime log statement.
The Charleston Gazette has contacted the U.S. Department of Education. Jane Gluckman, a spokeswoman for the Department of Education, told the Gazette the department would determine if a review of Marshall’s Clery Act “early warning” procedures is necessary.
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