In light of the Oct. 22 safety alert from the Tufts University Police Department (TUPD) about a sexual assault near campus, a follow-up email and the reaction on campus, the Daily took a closer look at definitions, laws and campus policies governing safety and information release at Tufts, and how these factors affect the language of safety alerts.
Under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, universities are required to make available information about crime and security policies on campus in a timely manner and through annual reports. The Clery Act, part of the Higher Education Act of 1965, is a federal law that applies to all postsecondary institutions that take part in federal student aid programs.
The passage of the Clery Act prompted the safety alert notification system currently in place at Tufts, according to TUPD Captain Linda O'Brien.
A follow-up email sent later on Oct. 22, which was not a safety alert, placed the incident near campus in context of other sexual assaults in the Somerville area. The language and wording of this email, however, sparked discussion about victim blaming and sensitivity.
In response, the Department of Public and Environmental Safety, the Dean of Student Affairs Office, the Women's Center and the Department of Health Education held an informational meeting on Oct. 28 to discuss campus safety and sexual assaults.
Definitions
Tufts' sexual assault policy defines sexual assault as "the act of committing an unwanted physical contact of a sexual nature, whether by an acquaintance or by a stranger, that occurs without indication of consent of both individuals, or that occurs under threat or coercion."
This definition specifies, but is not limited to, various acts including rape, sexual assault with an object and threat of sexual assault.
The definition of sexual assault outlined in Tufts' sexual assault policy differs in wording from that of Massachusetts state law.
According to Massachusetts state law, sexual assault is defined alongside rape. "Sexual assault and rape are crimes of violence and control, using sex acts as a weapon. Rape and sexual assault are not sexually motivated acts; rather, they stem from aggression, rage, sexism, and the determination to exercise power over someone else."
Massachusetts law further states that, "sexual assault is often more broadly defined as any sexual activity that is forced or coerced or unwanted."
The Tufts policy was worded in a manner to make it easier for students to understand the university definition, according to Tufts Violence Prevention Education Coordinator Elaine Theodore.
"Looking at our state definition, we wanted to make it more user-friendly," Theodore said. "It's an extrapolation ... more clearly explained for students."
The university sexual assault policy does not currently define indecent assault and battery, which is a term sometimes used in safety alerts released by TUPD.
At Tufts, sexual assault is used as an "umbrella term" that encompasses indecent assault and battery, according to Director of Public and Environmental Safety Kevin Maguire. Indecent assault and battery, Maguire said, is a legal term that is defined as the use of force to grope that does not include penetration.
Clery Act at Tufts
In compliance with the Clery Act's stipulation for timely information, TUPD releases safety alerts following reported crimes on and around campus.
"We initiated our alerts based on the Clery Act. Clery requires us to give a timely warning ... letting you guys know when certain crimes happen within specific locations relative to campus," O'Brien said.
There is currently no consistent method in place to write the safety alerts, according to Maguire, and the author of each alert, a TUPD officer, varies from incident to incident.
The lack of a consistent method has lead to irregularities in the language used. A Sept. 12 safety alert with a female victim first used the term "assaulted" and later described her as being "indecently assaulted," while the Oct. 22 safety alert described a similar situation but used the term "sexual assault."
"The author generally decides when to use the terms," Maguire said. "We try to tailor each message to each incident and sometimes terms get used interchangeably and that shouldn't happen."
He added, however, that the main goal is always to inform the community as quickly as possible.
"We're kind of in our own little world trying to push out information to a broad community," Maguire said. "We try to balance that with the context of the message. Our main point is to get the info out so that people can stay safe."
Maguire said that there will be an emphasis on precise language in safety alerts going forward. Theodore similarly called for a balance between timely information and language.
"The last thing anyone needs is confusion about such a sensitive topic," she said.
Follow-up email and controversy
The Clery Act also applies to areas immediately adjacent to campus, according to Maguire. "Sometimes we'll put out alerts in the general area," he said. "We have to evaluate them ... figure out if they will lend more safety as opposed to more panic to our community."
The Oct. 22 follow-up email, titled "Important Information from Tufts Police," referred to the sexual assault near campus and mentioned similar incidents in Somerville, with information from the Somerville Police Department.
The email was a generalization, according to Maguire, in order to raise awareness levels on campus. "Our intent was to raise the general level of perception about this ... [and the] general defensive strategies of people," Maguire said.
The email did not specify the number of other incidents that have occurred or give details about the locations of these incidents.
"In these incidents, women have reported being grabbed from behind by a man and indecently assaulted before scaring off the attacker. The target is typically a lone female, usually wearing a skirt or dress, who is walking late at night or early in the morning from the Porter Square or Davis Square MBTA Stations. Descriptions of the suspects in these incidents varies," the email said.
Some students who attended the Oct. 28 meeting about campus safety voiced concerns about the language in the follow-up email, referring to the description of women in the incidents as usually wearing a skirt or dress. This type of description can be construed as placing blame on the victim, many students said.
Senior Emma Shakarshy, who was present at the meeting and is a member of Students Acting for Gender Equality (SAGE), said she did not understand the intention of the follow-up email. She said it vaguely alluded to incidents in the area, which made the descriptions of the victims sound like generalizations.
Shakarshy took issue with the follow-up email, not with the initial safety alert, which she said was more sensitively worded. "I think that the actual safety alert ... was fine," she said. "When I got that information that was enough information for me to go on. It was the follow-up message that was problematic," Shakarshy said.
Because TUPD did not draw a clear connection between the other incidents in the follow-up email and the Oct. 22 sexual assault near campus, Shakarshy said the added mention in the follow-up email of the victims' clothing seemed like victim blaming.
"I just thought they gave unnecessary information about this very vague trend that they allude to but don't specify," she said.
Maguire said that the link was made between the different incidents because the suspect description and modus operandi were similar across the different cases. While the Somerville Police Department has not officially said that the incidents are connected, Maguire said, there are notable similarities.
"The descriptions are similar. All the victims have a close description," Somerville Police Department Deputy Chief Paul Upton told New England Cable News on Oct. 23. "But there are also a number of differences. So we're not locking ourselves onto one suspect."
