State officials share insight into MMSD’s limits when dealing with rape allegations

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October 14, 2021 8:10 PM

Posted: Oct 14, 2021 8:10 PM

Update: October 14, 2021 at 8:12 p.m.

MADISON, Wisconsin – Representatives from the State Student Safety Bureau have said the MMSD has legal limits when it comes to allegations of sexual assault involving students, especially during an investigation active criminal.

Madison East students left school on Wednesday to support a young woman they said was raped by an Eastern student at a house party, demanding that the school take action to have him expelled.

The Madison Metropolitan School District Behavioral Education Plan makes it clear that students who engage in non-consensual sex are automatically recommended for expulsion, but the director of the State Department of Justice’s Office of School Safety, Kristen Devitt, said that reaching this conclusion can be complicated.

RELATED Madison East Students Hold Walkout to Support Young Woman Reportedly Raped by Student

“If there is a law enforcement investigation, we don’t want the school to kind of get into the mix and start trying to interview people because that could really affect the evidence and the testimonials, Devitt said. If there were confusing statements from a variety of different people and everyone asking different questions, it could end up being a barrier to prosecution.

The Madison Police Department was able to confirm on Wednesday that this was an active and ongoing investigation, but would not reveal any further details at this time.

Madison East students want to know what their school is doing to respond to these allegations, however, but Devitt said some of the information is protected by FERPA, the Family Educational Rights and Privacy Act.

“It’s important for students to understand that the school district is not intentionally trying to prevent them from knowing what could potentially happen under these circumstances,” she said. It’s just that they’re literally prohibited by federal law from actually sharing that information. “

The school is, however, allowed to talk to students about general politics.

The MMSD’s policy on expulsion suggests that an investigation is usually conducted by a school principal and may include cases that occur outside of school if the accused “has engaged in behavior that has endangered property, health or safety of others at school.

Thus, while the police conduct the criminal investigation, the school can investigate privately to find out if the accused student is a threat to his or her peers.

School officials can follow the Wisconsin School Threat Assessment Protocol to examine the behavior of these students and determine if there is anything they can do to lessen the likelihood of violence occurring.

Devitt also said the state recommends beyond taking students’ concerns seriously, school officials should connect them with the right support resources.

“It’s always important that when someone comes to report this information to you to understand how sensitive this information is, that it’s a life-changing experience,” she said.

Following Tuesday’s protest, district officials said in a statement that they will partner with the Rape Crisis Center to bring best practices to students and staff.

Madison East students are planning another walkout Friday at 10 a.m. to share their requests for consent education, staff training on sexual assault and perpetrator accountability with school officials.

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