Michigan State Discouraged Reporting of Rape Allegation Against Athletes, Woman Says

Apr 10, 2019 · 37 comments
A (NYC)
No police report, no case.
Steve (SW Mich)
As long as we continue to place a tremendous amount of importance to having an elite athletic program and pursuing national championships, justice will be kicked to the side of the road. We've got alumni money to think about, ticket sales, pro contracts, And sponsor contracts that enrich the coaches.
as (new york)
I believe her. I played sports and the players were inundated with women. No such luck with the STEM majors. Studies have shown that these men have high testosterone levels. You don't see lower testosterone players because they are too small and lack aggression and muscle. As soon as it became clear in grammar or high school that these men were genetically gifted they have had only one job...basketball and they have been entitled and given whatever they want. They have the choice of women. They have little understanding of consent because they never need it. I don't blame the victim but I do blame a culture that conflates basketball with academic achievement in a University setting.
Sean (Ft Lee. N.J.)
Every male Basketball/Football Star , STEM geek, business whiz wearing “Oleana” by David Mamet bullseye.
Shamrock (Westfield)
Ms Kowalski effectively said at her well publicized news conference today “the last thing I’m going to do at a press conference is answer a bunch of questions.”
John (CO)
She really needs to go to the police to get credibility. I hope her attorney recommended that.
AR (San Francisco)
I am a supporter of women's rights. I am for severe punishment of rape and sexual assault. I take this woman's allegations seriously. What I don't understand is why at this point she has not brought this accusation to the police. I am very aware of the horror endured by rape victims going to the police, the gathering of forensic evidence, and a trial. But by not doing this no actual punishment is meted out, if indeed it is warranted. Women's rights fighters must oppose the idea that this is a matter for universities to "handle." If a university student robs a bank they're not going to skip the criminal charges and let the university decide. It devalues women's integrity and the seriousness of rape to make it an "academic" issue. Neither the accusors nor the accused are served by leaving criminal matters in the hands of administrators whose primary concern is to just make it go away. Lastly, the fight against rape also means women taking up the banner of their own dignity. It's hard and it's not fair but each time a rape victim chooses not to pursue charges it makes it harder for other women to have the strength to do so, aside from telling a rapist he can do it again. This is not to blame rape victims for anything but to say that by fighting for their dignity and that of all women they cease to be victims. Ultimately violence against women is absolutely necessary to the patriarchy of capitalism, only by overthrowing it and establishing a 'fratriarchy' can it be ended.
Shamrock (Westfield)
Thank goodness we are able to judge this injustice since we don’t know the name of the counselor or their side of the story. We don’t even have an acknowledgement that the counselor choose not to speak or that the reporter ever tried to contact the counselor. What the counselor said is the entire case. That’s the only evidence that is relevant. We don’t even know if the counselor is a named defendant in the lawsuit or if the media is withholding their name is if the counselor is a rape survivor. We don’t know anything but the Plaintiff’s recollection of a conversation from 3 years ago. Her recollection is the entire case. If this goes to trial it should only take 30 minutes to present all of the evidence.
TL Mischler (Norton Shores, MI)
This country desperately needs to tone down its worship of athletes and the money they bring. That's what's really at the heart of this issue - handling the proverbial golden goose with kid gloves. As Ms. Kowalski says, once she identified her attackers, the whole situation drastically changed. If the three alleged rapists hadn't been on the basketball team, the matter would have long been settled. Of course there will always be the "false allegations" crowd, and the genuine fears of a ruined career on the basis of such accusations, not to mention the danger of blackmail over the potential for same. But this all centers around the celebrity status in the first place. We need to stop placing athletes in that coveted sphere of protection that is afforded them due to their success in bringing money and prestige to the university. Universities need a standard, consistent policy in regard to allegations of rape. Such policies can be designed to provide anonymity (at the public level) to the alleged victims and perpetrators until charges are filed, and must include strict penalties for false accusations. And most of all, we all need to back off from this insane worship of college sports stars. It's not good for them, and it's not good for society.
Sean (Ft Lee. N.J.)
“Victim” won’t name suspects but might file police report several years after supposed rape? Highly dubious.
Jj509 (Virginia)
Chauvinism is natural to competitive sports. Yet it goes unnoticed because sports has good reputation. Who would dare to question about it when it’s linked to so many positive things in our society? For one, virtue of power, dominance, and “brotherhood” in sports are certainly transferable to other areas of the lives of athletes. Its amazing how sports fans defend as norm (or tradition) the odd combination of scantily dressed cheerleaders, national anthem, and the idea of watching sports as family event. Sports culture is problematic and people are just naive.
Nancy (New York)
Bailey you are a courageous young woman for coming forward publicly. I salute you and hope that you recover your joy and optimism about your life. You have so much to offer the world. Don’t let those boys steal that from you.
Shamrock (Westfield)
While Ms Kowalski is in uncomfortable territory, her legal team is brilliant. Why name the players and go through and civil and criminal trials. A judgment against the players is almost meaningless because they have no money and could prove their innocence at either trial. Instead, don’t name anybody and sue Michigan State for not doing whatever it is she expected them to do. She will not have to a deposition about the alleged rape, but only about one conversation with someone at the counseling office. Argue the counselor caused her illnesses and pain and suffering. Case closed. Michigan State writes the check. Or should I say the taxpayers of the State of Michigan.
Shamrock (Westfield)
Even today Ms. Kowalski has a government paid experienced legal advocate that she refuses to hire. It’s called the county prosecutor. That’s her advocate. I hope the Title IX office is not her advocate. If so, who is the advocate for the accused? Is the Title IX office supposed to be the advocate and judge of Ms Kowalski's complaint? Lord I hope not.
Scott Franklin (Arizona State University)
I wish her the best in getting justice for these Michigan State creeps. There are predators everywhere, but it seems the higher ups at these schools love their salaries more than the students they serve. Ever see what a Dean is paid? How is this justified? College is a farce. It's a breeding ground for this behavior. Secretary Devoid is doing everything she can to keep it this way.
Shamrock (Westfield)
@Scott Franklin Since no one knows the names of the so called rapists, I suggest Michigan State select 3 male students at random and expelled them from attending classes at Michigan State. Surely this will please Ms Kowalski and her family since nothing more could be done by Michigan State since no one knows the names of her so called attackers.
Dormouse42 (Portland, OR)
@Shamrock You are all over the comments on this article stating an untruth. The victim has not made the names of the three men public. The University knows who they are.
Carol Parks (Austin TX)
Universities have a vested interest in suppressing reports of sexual assault.
bill (Madison)
A terrible situation. Someone, maybe universities themselves, should take it upon themselves to educate young women about young men. Some young men have strong sexual urges that are not tempered by thoughtfulness or consideration of others, and if alcohol is added to the mix, they can become very, very dangerous individuals. Dangerous to the point of 'stay away from this person.' They may be handsome, they may be friendly, they may be nice to you, they may be powerful in ways you enjoy, they may be celebrities or worshipped athletes, and they may also be -- simultaneously -- very, very dangerous persons. Stay away, that is how you can protect yourself. An aspect of setting might be included in the presentation: the large differences between public and private, the large differences between known and unknown. While of vcourse while they're at it, universities should educate young men. Educate them about themsleves, young men, and about young women.
Ian MacFarlane (Philadelphia)
The "boys will be boys line" is more than a little worn. I "chased skirts" well into my forties and only stopped when my new wife took umbrage and let me know she would leave if I didn't grow up. May be my behavior was vestigial, a brain little more developed than my cave dwelling ancestors, but at least I listened and with advancing age followed her advice. Nonetheless, no saint. I hit on my share of women, but always understood the word no to have an intractable meaning and never crossed that line. Guys who resort to drugs and engage in sexual activity of this sort are not right. Chauvanist that I was, the thought of anything more than my charm literally never crossed my mind. Guys who resort to drugs as well as those who engage in "trains" in the common parlance, are in need of professional help or perhaps some time away from polite company. Like some, if not most men, a few of my memories flood me with embarrassment, but no shame. Regardless I considered women to be objects rather than equal or even superior human beings, a problem women are now openly demanding all men solve. Nonetheless I don't know think anyone recovers from the damage wrought by an assault of this most personal sort.
uwteacher (colorado)
It seems the go-to for victim blaming and casting doubt on any rape claim is "Why didn't she file a police report". Let's suppose she gets a rape kit done for evidence. There is something known as the rape kit backlog. There are some 400,000 still unprocessed. Hmmm - clearly not a priority. This is actual evidence that is being ignored. Then there is the interaction with the police. Unlike other crimes being reported, rape claims are met with much more skepticism. This despite the fact that the incidence of false rape claims is the same as other false reports. So let's say the police actually do make an arrest and it goes to trial. Imagine the defense slut shaming, making claims it's all just buyer's remorse and since the rapist is usually known to the victim, there's just no reason he would rape, amirite? Finally, the victim is discouraged from the start. Gaslighting, moving goal posts, slut shaming all work to convince the victim to just keep quiet. Don't want to destroy someone's future after all.
Shamrock (Westfield)
She refuses to talk to the police therefore covering up a crime and then blames Michigan State? How did society get to the point that rape is reported to a school and not police? Who is responsible for this mind set? Rapists need to be behind bars to protect the public. Heck schools can’t even give a fine to a rapist. Please tell me this obsession with reporting Title IX committees is a joke and coming to an end.
cheryl (yorktown)
Ms Kowalski deserves respect for her courage incoming forward. I hope that the truth comes out. It is such a conflict of interest for a university - or any entity - to investigate itself when a criminal act is alleged, when that act may impact college reputation or revenues, that all such investigations have to go to the police. Not campus security. And it should be clear to a student what the duties of a college counselor include, because it seems as if this young woman expected she was reaching out to an advocate, but was met with the University's first line of defense against student complaints. This kind of an assault requires an investigation by trained people and evaluation of the evidence to determine if charges can be prosecuted. It requires immediate evidence gathering. None of that happened. it the allegations had been about inappropriate behavior that is not criminal, then the entity itself may weigh in, to enforce ethical standards of conduct. For violations of federal regulations related to Title XIX, perhaps there should be a two tier system . One at the college level; the other under federal hearing officers.
Phong (Le)
She should file a police report.
Clint (Des Moines, Iowa)
The state should just replace the entire board of trustees. What is wrong with this school?
Draymond (Oakland, CA)
Why was an 18yo old in a bar? The City of East Lansing has some explaining to do.
Aps (Pittsburgh)
@Draymond is that really the point?
Midwest Josh (Four Days From Saginaw)
It takes until the 12th paragraph to learn that Ms. Kowalski still hasn't filed a police report. The alleged rape took place off campus, yet Michigan State is burdened with the investigation and now a lawsuit?
Thomas Penn in Seattle (Seattle)
Old news rehashed from specious ESPN reporting. This was previously reported. Why didn't she simply go to the police? Why does this woman (and other girls) believe she doesn't have any agency in her life? I do find it interesting that even though this was her freshman year she decided to stay 3 1/2 more years and graduate from Michigan State. I feel terrible every time I read one of these stories but it's 'always that this horrible, horrible thing happened that caused PTSD but I kept going to school there and never called the police.' And the family was so disgusted with Michigan State that they, wait for it, decided her brother should attend the school, too!??! Again, old news but since Michigan State is in the news it is a good time to go all in. She is having a presser at Michigan State today? Will her and 200 gymnasts be picking the next Michigan State president because they seemingly know all because of this horrible experience and suddenly know how to run a major American university? Rant over.
uwteacher (colorado)
@Thomas Penn in Seattle "After taking much of a semester off and receiving outpatient psychiatric treatment, Ms. Kowalski elected to return to Michigan State, believing that transferring to an unknown campus where she did not know anyone would have been worse." Perhaps this, from the article will help.
cheryl (yorktown)
@Thomas Penn in Seattle Why doesn't she feel she has agency? Actually she has acquired it now. But before she was reacting like thousands of other women who are STILL brought up to fear that they will be subject to ostracism, bullying, false accusations and worse if they advertise how "they" did something shameful. She was, at the time - 18 years old. Do you know a lot of 18 year olds who could take on an institution like Michigan State? When they had even been warned that they would pay a price? Those fears of being attacked for "telling" - but not doing it " the right way" - they are usually borne out, aren't they? I always want to know from folks who apparently are certain that they would have had the resilience and self assurance to confront such attacks boldly -- have you been raped? Attacked and humiliated? Do you think you would want to share this with the world?
Jolie M (Brooklyn, NY)
Sir, I beg you to do some research on trauma. As you’ll see, the effects of it are not always so rational, as you’d like to believe.
William Case (United States)
If Baileyi Kowalski is still declining to name the men she says raped her," how can the university be expected to take action against them?
Jolie M (Brooklyn, NY)
Publicly...that doesn’t mean she didn’t share it in her university report.
Shamrock (Westfield)
@William Case Lord help us if she names who she calls rapists but refuses to cooperate with law enforcement.
Jan (New Jersey)
Ms. Kowalski deserves an enormous amount of credit and encouragement. Hopefully, she is helping herself, and assuming the allegations are true, many other women, since those who commit such crimes tend to be repeat offenders. Yesterday, I completed the harassment certification for my employer, a college. It was simple and very informative. I hope that Title IX guidelines are decimated everywhere.
Shamrock (Westfield)
@Jan The only Title IX guideline should be to tell the survivor to call law enforcement. Kicking a rapist out of school as punishment is a sick joke. Just like her lawsuit.