The scenarios in this book present a myriad of legal, ethical, and social issues related to sexual assault. Situations in this book are extremely difficult for all parties involved.

Writing Style Guide
Written submissions must follow APA 7th Edition.
American Psychological Association. 7th Edition. (2019). Publication manual of the American Psychological Association. Washington, DC: APA.

The content in this book is difficult.  The scenarios in this book present a myriad of legal, ethical, and social issues related to sexual assault. Situations in this book are extremely difficult for all parties involved.  Good leaders in higher education are aware of the social and emotional issues as well as the student conduct and legal process.

Under current federal guidelines, campus adjudication of sexual assaults are decided based on a “preponderance of evidence”, in other words, that is “more likely than not” that the assault transpired.  The current administration is re-examining this guideline to require the case to have evidence in the decision process. 

  1. Why have colleges been assigned the burden of expectations that they will report; educate; and adjudicate sexual assaults?
  • Do you think colleges & universities can effectively fulfill these expectations?  Why or why not?
  • Is it double jeopardy for a university to process charges of student conduct code violations for conduct being prosecuted by law enforcement?
  • What was your reaction when you read that the local Assistant Prosecutor Kirsten Pabst testified for the accused student she was responsible to decide whether to prosecute?  Her justification was that the standards of proof were different.  How so?  Is that convincing?
  • Within pages 116 to 123 Krakauer reports on research related to levels of false reports of sexual assault allegations.  What does he conclude?  How did acceptance or rejection of this data influence the decisions of law enforcement and prosecutors?
  • Within pages 129 to 137 he describes research performed by David Lisak (beginning in the 1980’s) and Stephanie McWhorter in 2009 shedding light on serial rapists who did now think of themselves that way.  Do you see a connection between this data and the recent #metoo disclosures? 
  • Are you familiar with the Clery Act requirements that colleges and universities must warn of the risk of criminal conduct on campus? 
  1. How does this duty to warn impact the perception of safety that students have?  Can a school balance protecting students with warning them?
  • At page 145 the University of Montana’s General Counsel David Aronofsky is quoted as saying the victim got to decide whether or not alleged sexual assault would be reported to the police.  Does it make sense for the university to be expected to hold perpetrators responsible and to protect students and yet not be able to share allegations with police?  (what interests are involved in this decision?)  (also references written agreement w/ law enforcement required by OCR)
  • What advice would you give a colleague faced with a situation like the one Dean Charles Couture faced when a complaint was filed against the Grizzly Quarterback pp. 195-204.
  • What impact do you feel the accused being athletes had on the situation?
  1. The community had strong views on the cases, what impact does this have on the cases? How can/should a university community navigate and manage this nuance?
  1. There is a powerful quotation beginning on page 209 (unmarked as it begins a chapter) by Judith Lewis Herman regarding the reality that our system of justice relies on an adversarial approach to try to strike the balance required.  How do you see that tension in this book?  Can college and university conduct systems do a better job of satisfying victims and those accused?
  1. Is Missoula unusual in the incidence of rape and the response provided through law enforcement, the university and the courts?  See. P. 371.
  1. Identify some of the overall challenges between the University and the local law enforcement?
  1. What role does bias play in the topic of sexual assault?
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