By Dan Kennedy • The press, politics, technology, culture and other passions

Tag: sexual assault

A reinterpretation of Title IX threatens student journalism about sexual assault

Photo (cc) 2016 via Wikimedia Commons

My Northeastern colleagues Laurel Leff and Meg Heckman report on a new, serious threat to freedom of the press on college campuses: a federal reinterpretation of Title IX that puts faculty members at risk if they advise students who are reporting on sexual assault. They write at The Conversation:

At issue are increasingly common policies that require virtually every university employee to alert school officials if they hear even the slightest rumor of sexual misconduct — on or off campus — involving students or employees.

On most campuses, clergy members, mental health counselors and health care providers are exempt from such mandatory reporting requirements. University-affiliated journalists are not despite the fact that they also often need confidentiality to do their jobs effectively.

Yet, journalism professors routinely learn of possible sexual misconduct in their roles as advisors to student newspapers, or in critiquing students’ classroom work. (It’s also increasingly common for journalism educators to serve as editors in charge of school-sponsored news organizations designed to fill gaps in the local media ecosystem.)

I heard about this for the first time last week. I immediately went through a mental checklist as I tried to remember whether any of my students was working on a story about sexual misconduct. They weren’t. But I’ve dealt with such stories in the past, and apparently I will not be dealing with them in the future.

This is an outrageous attack on the First Amendment. It even pertains to NPR affiliates associated with colleges and universities, which is to say most of them. What’s needed, as Leff and Heckman write, is a state law “exempting university-affiliated journalists and journalism educators from mandatory reporting requirements when they are advising student journalists.”

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Caitlin Flanagan on the harm caused by Rolling Stone

The single best analysis I’ve run across regarding the meltdown of Rolling Stone’s story about rape at the University of Virginia campus is by Caitlin Flanagan, the author of a long investigation into fraternities that was published by The Atlantic earlier this year.

Flanagan was interviewed by “On the Media” over the weekend. Give it a listen and you’ll understand why journalistic failures by Rolling Stone and journalist Sabrina Rubin Erdely have done so much damage to the campaign against sexual assault on campus.

The gold standard for reporting on this issue has been set by my friend and former colleague Kristen Lombardi of the Center for Public Integrity. Here is an archive of her work.

A harrowing case of sexual assault on campus

This is long but worth it: a deep dive into a case of sexual assault on campus by Walt Bogdanich of The New York Times. If you’ve ever thought that the college form of justice discriminates against men and subjects them to unfounded accusations, here is an example of just the opposite occurring.

For more, here is my friend Kristen Lombardi’s series “Sexual Assault on Campus: A Frustrating Search for Justice,” which she reported for the Center for Public Integrity.

Please feel free to get angry at George Will all over again.

Goldsmiths honor journalism in the public interest

b_kirtzBy Bill Kirtz

It started with one miner’s medical and legal nightmare and developed like a John Grisham novel. And finally it led to extensive reform of black lung diagnosis.

The Center for Public Integrity’s and ABC News’ yearlong work won it the $25,000 Goldsmith Prize for Investigative Reporting this week.

It took a medical database and exhaustive scrutiny of previously classified legal findings to produce the series. But Chris Hamby, the Center’s lead reporter, told a Harvard audience on Thursday that his research began with a plight “you just couldn’t ignore”: miner Gary Fox’s “outrageous” treatment by doctors and lawyers.

While Hamby circumvented privacy laws by getting miners’ consent to view their records, ABC News producer Matthew Mosk discovered a law firm that operated “like a John Grisham novel.”

As in past years, finalists for the Goldsmith awards, administered by the Kennedy School’s Shorenstein Center on Media, Politics and Public Policy, included much such collaboration between media and public service organizations. Goldsmith winners and finalists are traditionally seen as front-runners for Pulitzer Prizes, which will be announced next month.

• The International Consortium of Investigative Journalists, which bills itself as “the world’s best cross-border investigative team,” used Australian, Chinese and British reporters to reveal a universe of offshore money manipulation that has sparked international tax investigations.

ICIJ director Gerald Ryle said he was leaked 2.5 million files via hard drive and is proud that none of his operation’s anonymous informants has been caught. The 50-article series provides important context into powerful figures’ financial machinations. “We didn’t want to be Wikileaks and just dump documents,” he said.

While Ryle said his reporting was attacked in the Australian Senate and drew four libel suits, he noted that a Chinese colleague has faced even more danger. Kevin Lau, the former chief editor of the Hong Kong newspaper Ming Pao, was fired and then critically wounded in an attack last month. Ming Pao was one of ICIJ’s partners in the Offshore Leaks investigation.

• Another wide-ranging project was a bilingual multimedia revelation of widespread sexual assault against immigrant women by the Investigative Reporting Program at UC Berkeley’s School of Journalism, the Center for Investigative Reporting, “Frontline,” Univision and KQED.

Reporter Andres Cediel said it took 18 months after an anonymous tip to produce the series, which has sparked criminal charges and pending legislation. The problem: he was committed to telling their story in a human way, but the victims were afraid to talk on camera. His colleague Bernice Young said it took countless trips going door to door to gain their trust. “It was a long, slow process to build a relationship,” she said.

“Frontline” producer-correspondent Lowell Bergman, lead reporter on the project, noted that this was Univision’s first foray into investigative reporting and predicted more such efforts in foreign language media.

• Shorenstein director Alex Jones said the free weekly Miami New Times was “punching above its weight” when it tackled the steroid industry.

New Times managing editor Tim Elfrink, who noted his paper had previously done investigative reporting on a very local scale, said the series started when a whistleblower came to him irate over a $4,000 dispute. The informant gave him a bunch of confusing documents about a Biogenesis operation running out of a Coral Gables strip mall. Elfrink called thousands of clients’ phone numbers — getting rejected 90 percent of the time — but eventually scanned court records to uncover the shady records of some clinic operators.

The stories, which have won a prestigious Polk Award, led to the suspension of 13 baseball players and changed how baseball owners and players approach drug use.

• Seeking national impact and backed by supportive news executives, the Milwaukee Journal Sentinel scoured medical records throughout the country to expose potentially fatal flaws in newborn screening. Lead reporter Ellen Garber led a five-person team through a maze of withheld data and official denials.

When her data requests were denied, she had to negotiate state by state for records — finally penetrating the system by discovering that Arizona had kept detailed records of newborns babies from a small Native American tribe. She then confronted the head of that state’s health department, who finally released complete records.

Garber said the series, which has won the Taylor Award for fairness in journalism and the prestigious Selden Ring award for the year’s top investigative work, has had an “incredible impact,” revamping the system so blood samples arrive promptly.

• The Wall Street Journal’s Michael M. Phillips doesn’t consider himself an investigative reporter, but after covering the wars in Iraq and Afghanistan, he followed up his novelist brother’s discussions with a psychiatric researcher. This led to the discovery of secret lobotomies of servicemen after World War II.

His problem was to find out how widespread this pattern was. Freedom of Information requests denied, he turned to the National Archives, which he recommends as a fertile source of vintage information. He unearthed 18 boxes of surgical records filed under “L” — lobotomy. He picked the cases with unusual names, thinking their families would be easier to trace after more than 60 years. The multimedia presentation revealed that more than 2,000 servicemen were lobotomized, and he was able to portray some surviving victims.

• Putting a human face on a “numbers” story is a perennial challenge for investigative reporters.

Reuters staffers Scot Paltrow and Kelly Carr found egregious and widespread Defense Department accounting mistakes. Their editors shared the view of the subject’s importance but wrestled with how to make it interesting.

“Vast amounts of dollars resonates little,” said Paltrow. So they settled on a human-interest beginning to show how massive programs affect individuals:

EL PASO, Texas — As Christmas 2011 approached, U.S. Army medic Shawn Aiken was once again locked in desperate battle with a formidable foe…. This time, he was up against the U.S. Defense Department. Aiken, then 30 years old, was in his second month of physical and psychological reconstruction at Fort Bliss in El Paso, Texas, after two tours of combat duty had left him shattered…. But the problem that loomed largest that holiday season was different. Aiken had no money. The Defense Department was withholding big chunks of his pay.

Bill Kirtz is an associate professor of journalism at Northeastern University.

In Bridgewater, a dispute over free press and privacy

I had wanted to talk about this yesterday on “Beat the Press,” but was unable to verify the facts in time. Today, the Boston Globe’s Peter Schworm reports on a controversy that has enveloped The Comment, the student newspaper at Bridgewater State University, which is under fire for reporting the name of an alleged rape victim who spoke at a public rally.

University officials are insisting that [see below] pressuring The Comment to remove the woman’s name from the online version of its story. But on Friday, The Comment’s editor, Mary Polleys, told me that the woman had been identified by name in an announcement sent before the rally to about 400 people via Facebook. The outdoor rally was attended by about 200 people. And, Polleys said, the woman was introduced by name and then proceeded to address the crowd through a bullhorn. Indeed, the story, by Leah Astore, is accompanied by a photo of the woman holding the bullhorn and standing before a large crowd.

I am not identifying the woman here only because I don’t wish to become a player in this controversy. But I see nothing wrong in what The Comment did, and I think Polleys has taken exactly the right stand in refusing to unpublish key details. Essentially The Comment is in trouble for committing journalism.

The one decision The Comment made that I might question is identifying the woman’s previous college on the basis of information that it found online. Under the ethical guidelines that are followed by virtually all news organizations, victims and alleged victims of sexual assault are not identified by name without their consent. It’s clear that the speaker at the rally had given her consent to be identified publicly, only to have second thoughts once she saw her name and photo in The Comment. But I’m uncomfortable with the paper’s decision to add details that the woman herself did not offer.

Another interesting aspect is the unintended consequences of what happens to news in the online era. If this story had appeared only in print, then it wouldn’t have circulated beyond campus, and it’s unlikely that it would have sparked much of an uproar. Certainly no one would be calling for the unpublishing of the woman’s name. (We recently talked about unpublishing on “Beat the Press.”) Indeed, this entire story strikes me as an example of the increasing confusion we’re all experiencing over what’s public and what’s private in the age of social media.

The Brockton Enterprise has been covering this story, and it appears to have a worthwhile follow-up today. I can’t get GateHouse stories to load today, but perhaps it will pop up later.

My friend Harvey Silverglate’s organization, the Foundation for Individual Rights in Education (FIRE), has gotten involved as well.

And the story has now gone national at JimRomenesko.com.

Note: Polleys informs me by email that though the administration is pressuring The Comment to remove the speaker’s name, it has not insisted on it. It’s a fine line, but it’s worth making the distinction. Needless to say, the administration is welcome to weigh in here as well.

The courage of Lara Logan

Lara Logan

Esquire’s Chris Jones has written a thoughtful post about the hazards of journalism following revelations that CBS News reporter Lara Logan was beaten and sexually assaulted during the celebration in Cairo’s Tahrir Square last Friday. I recommend it highly.

I think we tend to take the courage of celebrity television reporters for granted. Though we might understand that a newspaper reporter traveling outside the glare of the camera is running risks, TV reporters — with their crews, equipment and live feeds — can seem pretty much invulnerable. That is clearly not the case. As we know, CNN’s Anderson Cooper and ABC News’ Christiane Amanpour had some hair-raising moments in Cairo.

Let me join those who are praising Logan not just for her courage and dedication in reporting the story for the benefit of us viewers at home, but also for letting it be known that she was sexually assaulted.

It’s a detail she could have kept to herself, and I suspect a lot of women would have done just that. But it’s important to our understanding of what happened, and she should be saluted for sharing it with us. (Via Don Van Natta Jr.)

U.S. Army photo via Wikimedia Commons.

Herald taken to task on sexual-assault stories

John Carroll takes the Boston Herald to task for two stories about underage sexual-assault victims — one of whom is a 14-year-old girl described as allegedly having an “affair” with a 30-year-old school security officer (it’s called rape, people), the other depicted (but not named) in a photo in the print edition.

“Something’s out of whack at the feisty local tabloid,” writes Carroll.

Reporting sexual assaults on campus

My former Boston Phoenix colleague Kristen Lombardi is the lead reporter in a series on how college and university administrators respond to allegations of sexual assault. Published by the Center for Public Integrity, a non-profit investigative-reporting project, the series is the product of months of work and scores of interviews.

Lombardi reports that when law enforcement declines to step in because of insufficient evidence, conflicting stories and the like, colleges are mandated under federal law to investigate. Yet victims and alleged victims encounter a frustrating atmosphere of secrecy and of administrators who don’t always take them seriously. Lombardi writes:

College administrators bristle at the idea they’re shielding rapes. But they admit they’ve wrestled with confidentiality in campus assault proceedings because of FERPA and the Clery Act [federal laws that mandate privacy]. Confusion over the laws has reinforced what critics see as a culture of silence that casts doubt on the credibility of the process. “People will think we’re running star chambers,” says Don Gehring, founder of the Association for Student Conduct Administration, referring to secret, arbitrary courts in old England. “And that’s what’s happening now.”

The series, “Sexual Assault on Campus: A Frustrating Search for Justice,” is a vivid example of investigative journalism’s migration to online, non-profit organizations. And, as is more and more often the case with such projects, it comes complete with multimedia, additional resources and an extensive “Reporter’s Toolkit” to help news organizations follow up on the work produced by Lombardi and her fellow journalists.

Last week, Lombardi discussed her report on NPR’s “Talk of the Nation.”

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