She said he raped her. He said the sex was completely consensual. Who was telling the truth?
Well, no one, actually. Members of the Committee on Standards listened impassively as "Lisa Russell '99" and "Todd Stevens '97," two fictional Dartmouth students played by actors, related contradictory, fictional tales in a mock COS trial in 105 Dartmouth Hall last night.
The mock trial, held before a crowd of 40, was staged to educate students about the operation of the College's judicial system and address concerns about the system's treatment of sexual abuse cases.
COS trials are held privately in Parkhurst Hall. Undergraduate Judicial Affairs Officer Marcia Kelly said "there's an air of mystery or distrust about the judicial system," because most trials are closed at the request of the students involved.
Kelly said some students feel the College does not deal fairly with sexual abuse cases. Some of those students claim the system is biased against men, while others say it is biased against women, Kelly said.
Pelton opened the mock trial by asking Todd Stevens, played by Jason Fleming '98, and Lisa Russell, played by Camille Masini '97, if they understood their rights. He warned them they would be answering very sensitive questions.
Flanked by advisors of their choosing -- in this case, class deans -- Russell and Stevens told conflicting tales of how they ended up in bed together.
Witnesses testified at the trial, providing background and a third party opinion in an otherwise two-sided dispute.
The two knew each other from a government class and had gone on one date. Stevens later invited Russell to the "Slow Screw at Midnight" party at his fraternity.
When Russell arrived at the party, she had already had several drinks. Stevens offered her a "slow screw," the orange juice and vodka drink for which the party was named.
The two danced closely for a while, until Russell, by that time quite drunk, decided to call it a night and go home. Around 3 a.m., she awoke to see a man in her room. At this point, the story became a case of "he said/she said."
Stevens said Russell had invited him over, but Russell said she had not expected him to show up that same night.
In Russell's room, the two talked and made out for a while before having sex. Stevens claimed Russell gave him "non-verbal consent," but Russell said she told him twice to stop.
Although Russell could have taken the case to the Hanover Police, she decided to bring it to the COS.
The hearing was punctuated by questions from members of the COS committee. Director of the Academic Skills Center Carl Thum, history professor Pamela Crossley, engineering professor Stuart Trembly and Rique Feaster '97 all participated in the mock trial.
The tone of the hearing was very polite and much more informal than a courtroom trial. Students can request a pause at any time if they feel uncomfortable, and Pelton said the committee seeks to avoid "a prosecutorial defense atmosphere."
"This is not a trial. This is an administrative hearing," he said.
The trial's focus is "not on character, but primarily on what happened," Pelton said.
However, Thum said the committee takes into account "how genuine and sincere" the involved students are.
No lawyers are permitted at hearings. "I don't want to hear from some lawyer. I want to hear from students," Pelton said. Also, some students may not be able to afford a good lawyer.
Pelton adjourned the trial due to time constraints, but normally the questioning and deliberations would be much more specific and continue for a long period. The last case the COS considered lasted 10 hours.
A full COS committee consists of three faculty members, three students, two administrators, and the Dean of the College, who serves as the non-voting Chair.
The Chair's job is to create a comfortable atmosphere and to ensure there is "a full discussion," Pelton said.
After the testimony, the committee deliberates until it reaches a majority judgment.
The committee operates under a "presumption of innocence," Pelton said. "A preponderance of evidence" is required for a guilty verdict, he said.
Pelton said there has been a three to eight term range of punishment for sexual offenses, but no one has yet been separated from the College in recent history for sexual abuse.
