David Toscano

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David Toscano
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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:

  1. One in five women is sexually assaulted while in college.
  2. Undergraduate women are most likely to be raped during the first six weeks of their first semester of college.
  3. 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.

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Filed Under: uva Tagged With: Education, Sexual Assault Policy, University of Virginia

An Open Letter to Helen E. Dragas, Rector, University of Virginia

June 23, 2012 by David Toscano

As graduates of the University of Virginia and current members of Virginia’s General Assembly, we have watched with dismay the events surrounding the forced resignation of President Teresa Sullivan from the University of Virginia.

The more information that has become available, the more troubling the action has become. The Board has yet to make clear the so-called “urgency” and “existential threats” to the University that have served as the justification for this action. Admittedly, the University has challenges, and they have clearly been identified by President Sullivan in her May 3, 2012 memo to the Rector and Vice Rector (a memo circulated by the Washington Post). But these challenges were known at the time of her appointment, and President Sullivan appeared to be making plans to address them.

The fallout of the action is being felt by faculty and alumni alike. First, there was the vote of “no confidence” in the Board of Visitors passed by the Faculty Senate. Second, there were the reports that major donors are withdrawing their support of the University. Third, there are the resignations of several faculty “stars” and prospects of more in the near future. Finally, Vice-Rector Mark Kington’s resignation raises further questions about the process.

Our conclusion is simple — the process by which President Sullivan was forced to resign was fundamentally flawed, dramatically at odds with our principles as the flagship University in the Commonwealth, and inconsistent with a transparent decision-making process required of a public University.

We call on you to reconsider the decision and reconvene the Board for the purpose of reversing the forced resignation.

We know you love this University and believe that the Board has simply misjudged the effect of this action. Now, you have the chance to limit this damage. We hope you will do so.

Sincerely,

The Honorable David J. Toscano
House of Delegates, 57th District
UVA Law ’86

The Honorable Joe Morrisey
House of Delegates, 74th District
UVA ’79

The Honorable Scott Surovell
House of Delegates, 44th District
UVA Law ’96

The Honorable Mark Herring
Senate of Virginia, 33rd District
UVA ’83, MA ’87

The Honorable Jennifer McClellan
House of Delegates, 71st District
UVA Law ’97

The Honorable Ken Plum
House of Delegates, 36th District
UVA M.Ed.

The Honorable John Edwards
Senate of Virginia, 21st District
UVA Law ’70

The Honorable Chap Petersen
Senate of Virginia, 34th District
UVA Law ’94

See PDF version

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Filed Under: uva

STATEMENT ON FORCED RESIGNATION OF PRESIDENT TERESA SULLIVAN

June 18, 2012 by David Toscano

I have spent significant time over the last week attempting to discover as many facts as I can involving the forced resignation of President Teresa Sullivan from the University of Virginia. My discussions have been with faculty members; members of the University community, including former administrators and Visitors; alumni; donors; students; members of the General Assembly; and current members of the Board of Visitors, including Rector Helen E. Dragas, who graciously agreed to meet with me and Senator Creigh Deeds, in my office last week. I have not spoken with Teresa Sullivan.

The more information I have gathered, the more troubling the action has become. Among my concerns are:

  • The forced resignation seems to have been engineered by a small number of people who arguably love the University, but who so misunderstand how change occurs within large complex institutions of higher education that their leadership is now questionable.
  • The so-called “urgency” and “existential threats” to the University that have served as justification by Rector Dragas and Vice Rector Mark J. Kington for their action is simply not borne out by the facts. Admittedly, the University has challenges, and they have clearly been identified by President Sullivan in her May 3, 2012 memo to the Rector and Vice Rector (a memo that was not shared with all Board members). But these challenges were known at the time of her appointment, and President Sullivan had been implementing changes to address them.
  • The expression of “no confidence” in the Board of Visitors passed by the Faculty Senate and statements expressing concern issued by numerous schools within the University.

My conclusion is simple and straight-forward — the process by which President Sullivan was forced to resign was fundamentally flawed, dramatically at odds with our history as the flagship University in the Commonwealth, and inconsistent with a transparent decision-making process required of a public University.

The action places the University at substantial peril, in the short and long term. It should be reversed; I call on the Board of Visitors to do so. If they will not, I encourage Governor McDonnell to do all in his power to assist the process.

If the decision is not reversed, the Governor should act appropriately to encourage the rejection of the forced resignation, and send a clear message of his displeasure by stating that he does not intend on reappointing Ms. Dragas and by calling on the Rector and Vice Rector to resign.

Jefferson once said that we should follow truth wherever it may lead and should not “tolerate any error so long as reason is left free to combat it.” The facts show that the forced resignation of President Sullivan is an error; it should be reversed.

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Filed Under: uva

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david@davidtoscano.com

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