University of Montana law students: Deans discouraged reports of sexual misconduct; Elder investigated

Missoula Current write..

(Daily Montanan) Three women from the University of Montana Alexander Blewett III School of Law say the dean and associate dean of students deterred them from taking allegations of sexual harassment and assault to the Office of Equal Opportunity and Title IX, which handles sexual misconduct on campus.

A fourth female law student told the Daily Montanan she did not report a rape because she learned of the difficulties other students faced. However, when she told a professor she could not be in a group with one particular male student, she said she received a call from Associate Dean of Students Sally Weaver asking why.

“I know that you know there are problems with him,” the student said she told Weaver. “And you can just count on that for why I don’t want to be in a group with him. She kept saying, ‘You’re going to have to work with people you don’t like.’ I kept saying, ‘It’s not that I just don’t like him.’”

The Daily Montanan grants anonymity to survivors of sexual assault and is not naming women who have made sexual assault allegations or who otherwise fear retaliation in their legal careers. They are among 13 current or former law school students the Daily Montanan spoke with over the past four months who said law school leadership falls far short in its support of female students.

The students and lawyers don’t represent a majority of the law school enrollment of some 248, which is roughly half female, but each shared or confirmed troubling accounts about their time there.

Students said they waited months for problems they raised with Dean Paul Kirgis and Associate Dean of Students Weaver to be resolved, feared retaliation for raising concerns, and struggled academically from the accompanying stress despite being top performers in their academic careers. Some walked in the door joyful to pursue their dream careers but walked out disillusioned about being lawyers. Some left before earning degrees.

The students’ stories come at a time the university faces separate allegations of gender discrimination by four women, one current and three former high ranking employees, in a federal case filed last month. At least 18 additional women have raised similar discrimination allegations, according to an amended complaint requesting class action status for the female employees. UM has described the claims as “baseless and without merit.”

Weaver and Kirgis both declined in-person interviews with the Daily Montanan but responded in writing to questions about incidents students discussed. UM confirmed Kirgis and Weaver both are mandatory reporters by campus policy, required to report possible sexual misconduct involving students to the Title IX office within 24 hours “in order to enable UM to respond effectively.”

Title IX is a portion of a federal education law that prohibits discrimination or harassment based on sex by any institution that receives money from the federal government.

In emailed responses, Weaver said she has never dissuaded any student from filing a Title IX complaint, and she said trauma survivors often have difficulty accurately reporting their experiences.

Kirgis defended the law school: “The School of Law has and continues to accurately educate all employees and students about their rights and responsibilities under UM’s Title IX policy and procedures, including the mandatory reporting policy.”

Investigation completed, findings appealed

The students’ allegations are related to a series of complaints investigated by a private firm last school year. In July 2020, UM hired Grand River Solutions, which describes its specialty in part as providing Title IX support services to institutions of higher education, to investigate multiple allegations by women in the law school.

One law school student has been at the center of the women’s complaints: Jacob Elder of Helena.

The Daily Montanan previously reported Grand River Solutions investigated Elder, a Missoula mayoral candidate, on an allegation of sexual assault. Elder has not been charged with any related crimes, and UM investigations are not criminal proceedings.

Elder, a Grizzlies redshirt at UM in 2011, maintained his innocence in a May 5 call with the Daily Montanan. At the time, Elder said the university already had informed him that he had not violated the student conduct code, but then UM hired a private firm to investigate the same matter.

Read full article:  https://missoulacurrent.com/montana-today/2021/09/law-students-misconduct/