Addressing and Combating the Issue of Sexual Assault

November 21, 2014 by David Toscano

Comments on the Rolling Stone article and sexual assault

The events described in the recent article in Rolling Stone magazine are deeply disturbing and should prompt us to redouble our efforts to combat sexual assault. I have conveyed my serious concerns to University administrators and believe it is proper that they have turned this case over to the Charlottesville Police Department.

While sexual assault is not a problem unique to UVa, that fact should not obscure our responsibility to confront this problem directly. Our great University should not and cannot become a poster child for inaction. UVa and the Commonwealth should be leaders in addressing a problem that is increasing in severity. The 2014 report from the White House Task Force to Protect Students from Sexual Assault study reported that:

One in five women is sexually assaulted while in college.
Undergraduate women are most likely to be raped during the first six weeks of their first semester of college.
Campus assailants are often serial offenders. This is perhaps the most shocking fact of all.

President Teresa Sullivan and Rector George Martin have both issued statements decrying the epidemic of sexual assault on college campuses. But, as they acknowledge, words alone will not suffice. UVa is one of twelve schools in the country under a U.S. Department of Education Compliance Review; it will immediately need to increase its efforts to combat this very serious problem within the community. This includes both continuing to challenge its students on the need to report sexual assault and requiring university officials to report offenses when made aware.[1] It means encouraging these allegations to be handled as criminal misconduct rather than treating them as “honor offenses”. It means continuing to confront and eliminate a culture of alcohol and drug abuse. It means taking swift and firm action against individuals who engage in these activities, as well as the organizations such as fraternities and sororities who condone such behavior. If the facts of this case are supported, there should be serious criminal and civil sanctions directed at the fraternity and the members who were involved.

As a city and region, we should increase our police presence in the Rugby Road area. The University should also increase its own security measures. And as a Commonwealth, we should seek changes in law that will encourage victims and universities to report this behavior and expel students guilty of this egregious activity. The Governor recently established a Task Force on Combating Campus Sexual Violence, and they will begin reporting recommendations very soon. We should enact legislation that requires universities to develop vigorous reporting policies involving sexual misconduct and requirements that universities mark the transcripts of students convicted of sexual misconduct so that if they seek to transfer, the next institution would have the benefit of this information. Another option involves legislation or regulation designed to crack down on fraternities which are operating as “de facto” clubs without liquor licenses.

The Charlottesville Police Department is now involved investigating these allegations; we should let them do their work expeditiously and unencumbered. But while they do, we need to examine new policies. And I will continue to encourage the University to do much more to address this problem.

As always, I am honored to represent this community and encourage individuals to contact me at david@davidtoscano.com.

[1] UVa’s policy on Student Sexual Misconduct provides information for victims and encourages reporting. It is designed to encourage a culture of reporting. It only tangentially mentions the obligations of others at the University to report. Many do not realize that as of August, 2014, many UVa employees became mandatory reporters of sexual misconduct. This would include most members of the faculty and administration, and the reporting would be to UVa’s Title IX Coordinator through a secure website. Ironically, the University published a new Student Sexual Misconduct Policy on November 19, which is now open for comment. Comment period ends December 5, 2014.

Medicaid – A Full and Fair Debate?

September 26, 2014 by David Toscano

As early as January 2014, House Republicans promised a plan to address the 400,000 Virginians who fall into the health insurance coverage gap because they make too little money to qualify for subsidies under the Affordable Care Act, but make too much money to qualify for Medicaid. The Governor and Democrats have offered, over the last eight months, three separate proposals by which we could access several billion dollars in federal monies to provide coverage. As you may recall, present Medicaid spending is matched, dollar-for-dollar, with federal monies. With the proposed Medicaid expansion, however, the federal government would pay 100 percent of the cost for the first several years, eventually dropping to 90 percent. I believe that this is a good deal for the Commonwealth. We could take monies that we save in the first years and apply it to the later years in the event that the federal government does not live up to its responsibility, a fear cited by House Republicans as a reason not to expand Medicaid, but an unlikely event.

Democratic proposals since January 2014 have included a two-year pilot plan advanced by Gov. McAuliffe; straight Medicaid expansion; and “Marketplace Virginia,” a proposal offered by Senate Democrats and Republicans to use federal monies to buy private health insurance through private companies. All of these plans have been summarily rejected by the House Republicans.

During the budget dispute in the spring, the Republicans promised a “full and fair debate” over Medicaid so long as it was separated from the budget. That occurred, and the Republicans scheduled this so-called full and fair debate for last Thursday, September 18, 2014. The “full and fair debate” consisted of a 15-minute discussion in the Rules Committee about another compromise proposal on Medicaid expansion, and a short debate on the House floor with the result predetermined. The Republican answer was another “No.” If you want to see some of the debate on this issue, click here; for my floor speech on the issue, click here.

Our meeting last Thursday also brought a compromise on addressing our budget shortfall. If you want to see my comments on how we should try to close some tax preferences to make up our budget shortfall, you can click here.

Finally, three new judges were appointed for our district, and they will take their seats on December 1, 2014. Although I continue to believe that the selection of judges is overly-partisan, I offer my congratulations to the three that were appointed, Judge Richard Moore, Deborah Tinsley, and David Barredo. I am confident that they will be very effective judges and will serve this community admirably.

Please feel free to contact me with your concerns. It is an honor to represent you in the General Assembly.

Sincerely,

P.S.: I want to express my thanks and gratitude to the citizens of this community, the local and state police, City Police Chief Tim Longo, and Secretary of Public Safety Brian Moran for all the work being done to bring Hannah Graham home. I was at JPJ Command Central last Saturday and Sunday and watched the volunteers stream in from around the Commonwealth and nation. I saw the line up of City School buses, UVA buses, and Jaunt buses at 7:30am on Sundayready to take the teams of volunteers out into the field to search for Hannah. The generosity and caring of this community is remarkable.

Statement by Delegate David J. Toscano on the McDonnell Verdicts

September 4, 2014 by David Toscano

Whatever one thinks about the actions of the former Governor and First Lady, you cannot help but be saddened by what has happened to them and to our Commonwealth. The decision today closes a depressing chapter in Virginia history. The jury carefully considered the evidence and has now spoken. With its verdict, it sends a clear message that public officials are not above the law and that those of us who have the honor to serve have a special responsibility to keep the public trust.

I hope this verdict will improve the prospects of enacting further ethics and campaign finance reform in the Commonwealth.

Judges Matter

July 25, 2014 by David Toscano

Updated Sept. 4, 2014
Whether you are a “strict constructionist” who believes the primary role of a judge is to serve as an umpire who calls “balls and strikes”, take the view that the Constitution is more a “living document” that should be interpreted within the context of the social and political forces of the time, or believe that a judge should simply serve the community by dispensing justice and helping resolve large and small problems in a thoughtful way, judges matter.

We have been fortunate that our community has been served by a series of very capable and committed judges. We have now been waiting for almost seven months for action from the General Assembly to appoint a successor to Judge Ted Hogshire. It now appears that we will wait longer still.

The waiting is a function of a number of factors. First, the budget fight distracted attention from a serious discussion of judges. We were told that judges could not be appointed until after the budget was approved, which did not occur until late June. At that time, Delegates and Senators simply did not have the energy to do any more than pass a budget. Second, since we have not technically adjourned, the Governor’s ability to make temporary appointments has been short-circuited. A cynic might think this is part of a plan by Republicans in the legislature to prevent a Democratic Governor from making appointments that they will not like; I will let you draw your own conclusions. It appears now that we will not reconvene until mid-September, so the vacancy here and those existing in other parts of the state will continue to remain unfilled. This is a tragedy, and is yet another example of the increasing partisanship in Richmond.

Whatever you may think is the reason for the failure to act on judges this year, one thing has become abundantly clear during my time in office – the selection process has become increasingly partisan, as a number of Republicans, primarily in the House but also in the Senate, are seeking to fill the judiciary with judges who tend to be more socially and politically conservative, especially in the area of criminal justice. For some, this is part of a conscious effort to impose their political will on the judiciary, and reshape the Commonwealth in their image. The long term implications, particularly as some of these judges move up to the appellate bench, are far from clear.

As I view it, we need greater diversity of thought and background in our judiciary, and should appoint people based on a variety of criteria, including their knowledge of, and experience with, different areas of the law. This is one reason why I give great deference to the recommendations of bar associations in the selection process, deference that is increasingly ignored in Richmond. Who knows the candidates better than their colleagues and while we should not set up our local bars as “mini star chambers” to select judges, we should accord them a greater role than we do at present in a selection process, which appears increasingly subject to the will of a small number of legislators.

Another part of this issue involves appointments to the bench when the legislature is in recess. Under normal circumstances, the Governor and the circuit courts are empowered to make temporary appointments to the appellate and trial benches (Governor) and the district courts (circuit court judges) during those months the Assembly is not in session. Our Constitution allows for orderly and expeditious transitions within the judicial branch. The Governor’s ability to make recess appointments is contained in the Virginia Constitution in Article VI, Section 7, which reads in part:

“During any vacancy which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until thirty days after the commencement of the next session of the General Assembly. Upon election by the General Assembly, a new justice or judge shall begin service of a full term.” [Emphasis added.]

During the budget process, language was inserted into the bill that would prevent judges appointed during a recess from being paid. The Governor vetoed this language, but the House, in a procedural move, ruled the Governor’s veto “out of order”. Clearly, House Republicans are attempting to prevent the Governor from making recess appointments by making it difficult for a lawyer to take a judgeship for which they might not be paid.

We return in mid-September, at which time I hope we can resolve this impasse. The Governor has proposed a solution in the form of a bill I filed (HB5005) that protects legislative prerogatives while allowing the Governor his Constitutional right to appoint during recesses. I hope my House colleagues will embrace it. So, we will be waiting until at least mid-September for a new judge.

Sincerely,
David Toscano

Update

Sept. 4, 2014

I am trying to keep you informed about the judicial selection process for the 16th Judicial Circuit. There is a good chance that a judge for our court will be chosen when we return to Richmond on September 18. A list of candidates has been prepared for interviews by the Courts of Justice Committees in the House and Senate. This list was advanced by Republicans in the House. Just so you are aware, neither Senator Deeds nor I have been involved in any discussions about who should be on this list; it is simply a list prepared by Republicans, primarily Delegate Bell.

As you know, David Franzen was the only person recommended by the Bar Association. For whatever reason, he was not included on the list. Judge Richard Moore is the only local person included on the list.

I think most of you now understand how political a process this is. Although I like and respect Judge Moore, and believe he has done a nice job as Juvenile and Domestic Relations Court judge, I favor a much less partisan selection process which respects the views of our colleagues and is conducted in a transparent fashion that involves our citizens.

If any of you wish to express your views about this decision-making process, I would encourage you to call the Republican members of our delegation and make them known.

P.S. As an update, some of you have asked for a list of the names of the potential candidates for our district. They are Judge Moore for Circuit Court, Deborah Tinsley for Judge Moore’s seat, and David Barredo for a new JDR seat.

Resignations and investigations: Senator Puckett and the Virginia Tobacco Commission

July 10, 2014 by David Toscano

The month has been a wild one with far reaching implications for Virginia politics.

Read the full article in the Roanoke Times