On November 30th, 2016, I received an emotional email from a mentor of mine, Pat Ell. Pat and his family are some of the most respectful, generous and all around most caring people I have ever met. He has given me permission to write this article with hopes to create change in the broken Title IX system we are experiencing here at the University of Portland. The emotions I experienced after reading the following email were not limited to fury, disgust in the system, and hurt for the people affected that I care about. After reading the following story I felt sick to my stomach that a university who has a major mission to prevent interpersonal violence took so little action in regards to a students sexual assault.

*WARNING* the following may be a trigger for individuals who are victims of or who have been affected by sexual assault.

November 30th, 2016

From: Pat Ell

Following my email is a statement from our daughter Clara Ell. Clara describes being sexually assaulted at the University of Portland. She is sending it to all of the people in our family, and to all of our friends. She will also send it to her friends here at the University, and to faculty and staff who have shown her kindness and respect.

On behalf of our family, and specifically with Clara’s permission and encouragement, we want people to know about this. If they care about Clara, we want them to know. If they care about anyone who has suffered sexual assault, we want them to know. And most especially, if they care about students at the University of Portland, we want them to know.

Respectfully, I ask you to read through this email. Reading through it may be emotionally difficult (it has been very difficult for me to write).

We do not want to slander anyone, and we definitely do not want to have anyone do anything violent or destructive. Wedo want the good people to stand up for what is right. In Clara's case, she not only suffered a sexual assault, but she also went through a formal hearing process here that found the perpetrator not responsible. The hearing process concluded that Clara was not intoxicated to the point of incapacitation. In other words, their decision is that Clara was capable of giving consent.

Without violating anyone's privacy, I can state several facts about the incident:

• On the evening of September 30th, Clara Ell made one big mistake -- she got extremely drunk
• Clara remembered drinking several beers, 3 shots of tequila, chugging several times from a wine bag, and drinking more beer
• One of her friends/witnesses also reported that Clara chugged from a whiskey bottle a few times, and the witness had to take the bottle away from Clara
• Clara weighs about 150 pounds, was 18-years-old on that date, and drank from 9:30 PM until about 1:30 AM. You can use a source such as this to calculate her approximate blood alcohol content, http://bloodalcoholcalculator.org/
• Clara self-described her condition as "very drunk," and described that her friends had to help her walk, had to help her find her way back to her room, had to help her eat some food, and had to help her get into bed. Clara also described having trouble walking, described slurring her words, and described not being able to remember different periods of the evening. Clara reported still experiencing intoxication when she woke up the next morning
• Clara included most of this information in her original Title IX report, with Public Safety also taking her statement, and the statements of two witnesses who were with her throughout the party, who walked her home, who put her to bed, and who witnessed part of the sexual assault.

Some other very important information about the incident:

• The perpetrator found out that Clara was drunk and alone in her room
• He texted Clara, saying he wanted to talk with her
• She said that she was drunk, and that would not be the best idea
• He went to her room anyway

Clara reported the sexual assault anonymously through UP's Title IX website. Clara was contacted by our Title IX coordinator, who offered to talk with her, offering support and resources. Clara met with the Title IX coordinator on October 5. Clara talked with Kristen and I on that Friday, October 7. Clara decided to move ahead with a request for a formal disciplinary hearing. She submitted her request on October 9, including transcripts of texts between herself and the perpetrator, her statement, and the names of two witnesses. Public Safety responded by interviewing the Clara and her witnesses, and the accused perpetrator during the week of October 9th.

After submitting her request for a formal hearing, Clara heard absolutely nothing from the interim Student Conduct Coordinator -- no confirmation that her request had been received, no follow up questions, no suggestions for how to review the conduct process, and no information about a possible hearing. Again, she submitted her request on Sunday evening, October 9th. By October 24th, when she still had heard nothing, Clara wrote and asked for help from the Title IX Coordinator. On October 25th, Clara finally received an email from Chris Haug, the interim Student Conduct Coordinator. She was informed that the formal hearing would take place on November 1st, one month after the original incident and twenty-two days after requesting a hearing.

One week after the hearing, on November 8th, Chris Haug presented Clara Ell with the final decision of the disciplinary hearing panel. They found the respondent "not responsible" for sexual assault.

Clara submitted a formal appeal to Fr. John Donato, Vice President for Student Affairs, on Friday, November 11.

On Wednesday afternoon, November 23rd, the day before Thanksgiving, Fr. Donato emailed Clara Ell with his response to her appeal. He denied her appeal, stating that the hearing panel followed the procedures of Life on the Bluff, though Fr. Donato did not specifically address any of the 10 procedural errors that Clara had articulated. His letter also did not address the primary reason for her appeal -- that the decision of the hearing panel was wrong.

That is the formal end of any options for Clara in regard to this incident at the University of Portland. The decision of the hearing panel stands, confirmed by Fr. Donato.

You will understand how painful this has been for Clara and our family. We are asking people to pray for us, but we are also asking people to carefully consider what each of us can do to address the issue of sexual assault. Also, we think that the hearing process was flawed. Fundamentally, a person who is drunk cannot give sexual consent. Was Clara Ell intoxicated to the point of incapacitation on the night of the incident? Her witnesses say so. Clara's statements and responses indicate so. Her texts state that she was drunk, and she told the perpetrator not to come to her room. Clara submitted 10 points of procedural error in her appeal, but her appeal has been denied.

My work at the University of Portland has been entirely focused on engaging students in service and social justice, reinforcing our idea that true leadership consists of serving others and building up our community. This sexual assault incident, and the follow-up in the hearing process, goes completely contrary to who I believe we truly are here at the University.

We would appreciate any thoughtful, peaceful help in fighting against a culture that allows sexual assault.

Pat Ell

I am committed to a community free of violence.

No one has to do everything, but everyone has to do something. What is your green dot?

----

From: Ell, Clara

Sent: Wednesday, November 30, 2016 10:22 AM
To: Ell, Pat
Subject: Message to family and friends

Dear Friends and Family,

I would deeply appreciate both your prayers and support at this time, as I and the rest of my family go through something difficult and unjust. About halfway through my first semester here at the University of Portland, I was sexually assaulted. I reported this to the University with faith and hope that I'd receive help and some peace of mind. The outcome has been just the opposite. For the past month and a half, despite my evidence, witnesses, and appeal, I have been told twice in the disciplinary conduct process that I wasNOT sexually assaulted -- for reasons that did not line up with my statements or evidence. I am trying to fight this, but it is hard. My attacker is still on campus, and the place that I have always considered home and a huge part of my life is no longer safe to me. I wish none of this would have happened, but most hurtful is that my university has not supported me or followed their own claims and mission to be a safe environment where violence is not tolerated. I will not stand for other UP members to be treated as I have, and I hope there is justice to be served and safe practices established in our community. We are continuing to fight against this!

Thank you for being a part of my life, I hope that everything is well in yours.

With love,

Clara Ell

Something must be done to fix the system, bring change and bring awareness to this issue. Not only in support of Clara, but all individuals who have ever been affected by sexual assault. As the growing national campaign started by President Obama states in it's message, It's On Us to keep those around us safe. Supporters of this movement can take the pledge "to help keep women and men safe from sexual assault. It is a promise not to be a bystander to the problem, but to be a part of the solution." If you chose to stand by Clara and all others who have been affected by sexual assault, please join me in taking the pledge to keep our loved ones safe at itsonus.org . Please remember, not everyone has to do everything, but everyone has to do something.