[I]n February of last year, University of Vermont freshman Syd Ovitt reported a sexual assault to the university’s Office of Affirmative Action and Equal Opportunity, which began a non-criminal investigation.
Five months later, after what she described as a drawn-out and frustrating process, Ovitt was informed that the male student had been found to be not responsible for what had occurred. She received word of the decision while home for the summer in Pittsfield, Massachusetts.
“My experience [with the investigation process] fueled my anger,” said Ovitt, now a sophomore. “This was a really bad situation and I wanted to turn it into something better.”
In researching the issue of campus sexual assault and how institutions address it, Ovitt came across what she felt was a loophole in the system. She discovered that the only way a school could know if a student who was transferring in had been dismissed from a previous institution would be for the student to self-report that information on an application.
Although this circumstance did not apply directly to the other individual involved in her case, Ovitt found it disturbing that a finding of fault would not have been noted if the student were to transfer to another school.
Ovitt said that unless the incoming student were to report the incident, the only indication of any wrongdoing is represented by a small asterisk at the bottom of the transcript. That symbol can indicate anything from academic misconduct to a low grade-point average to a sexual offense.
It was this star-like figure — and what it did not disclose — that inspired Ovitt’s now nationally recognized campaign: Explain the Asterisk.
Ovitt started a change.org petition last year that currently has more than 46,000 signatures. She said in an interview that her goal is 50,000 names.
The petition says:, “We are proposing a bill that would require colleges and universities to explicitly indicate that this person was dismissed for sexual assault and is therefore a danger to students, faculty, and staff not just at the college or university s/he is dismissed from but to any institution to which s/he applies. This bill would transform the admissions process allowing colleges and universities to manage risk before it even steps foot on their campus and would serve as a preventative measure to combat sexual assault on college campuses.”
After she created the petition, Ovitt contacted every state senator and representative in Vermont. The response to her email, she said, was overwhelming.
“Since Vermont is so small, they all answered really fast. Everyone was so supportive, there was only one person who wasn’t 100% on board,” Ovitt said.
Among those expressing support for Ovitt’s effort was Rep. Barbara Rachelson, D-Burlington, a member of the House Judiciary Committee.
“So much of what happens in the Statehouse depends on if you get a chairman of a committee to agree to take your bill up,” Rachelson said. “It’s going to be really important that we find a committee in the Senate or House that is committed to having this bill get hearings.”
Vermont would not be first state to pass legislation requiring that sexual assault be listed on college transcripts. New York and Virginia have already enacted such laws.
In May 2015, Virginia became the first state in the nation to pass a bill requiring sexual assault offenses to be listed on transcripts. New York passed a similar measure, known as the “Enough is Enough” bill, in June of that same year. Supporters had hoped to create a domino effect, with other states following in a way that might lead to the introduction of federal legislation.
In December 2016, a congressional equivalent called the “Safe Transfer Act” was introduced by Rep. Jackie Speier. D-Calif. That same day, the congresswoman posted a tweet saying, “Today I introduced the Safe Transfer Act so that schools will treat #sexualviolence as seriously as cheating.”
Her bill would prohibit the use of federal funds for any postsecondary educational institution that fails to disclose a campus sexual assault to other institutions. It would apply to students who violated the school’s rules or policies in regard to sexual misconduct and students who are in a pending disciplinary proceeding over a possible offense.
The measure also required that students be given the opportunity to provide a statement to accompany the disclosure on their application. Despite that provision, concerns were raised that notations of an offense could still be made without the accused student receiving due process. The bill did not gain congressional approval.
Undeterred, Ovitt is now using Speier’s bill — along with those passed at the state level in Virginia and New York — as a framework for her own legislative effort in Vermont. She has been working with the Vermont Network Against Assault and Domestic Violence on the proposed measure.
Ovitt also met with George Twigg, the state director for Rep. Peter Welch, D-Vt., to see if Vermont’s lone House member might get involved in trying to advance the effort in Washington. She said that although his office says it is supportive, there has been little movement thus far.
“Obviously it would be good to have in Vermont, but there’s not many schools [here],” Ovitt said. “I mean, no one is going to get kicked out of UVM and then go to St. Mike’s.”
UVM transcripts, while not actually using an asterisk, include information about a student’s suspension or dismissal for academic performance or dishonesty. However, expulsion for reasons such as a sexual offense would not be noted.
A university spokesperson told the student newspaper, the Vermont Cynic, that UVM’s policy is based on “established national best practices” and that the school has no plans to change its policy at this time.
Although a Vermont bill would not directly affect many students in the state, Ovitt says she hopes it would also inspire other states to pass similar legislation.
“I feel like it will help spread awareness so people can do it other places,” she said. “It’s obviously going to take so much longer. It needs to be a federal thing so it blankets the whole country.”
In addition to working alongside Vermont representatives, Ovitt is focused on getting fellow UVM students involved in the process as well. Last week about 45 students and several community members gathered on campus to discuss strategy for moving forward with Explain the Asterisk.
House member Rachelson had some advice for the group.
“The important thing is to be out of the gate with getting the bill introduced early in January,” she said. “Hundreds of bills get introduced, so the earlier ones have a much better chance.”
