An F&M student is accused of sexually assaulting another F&M student in College Row last month.
According to “Former Franklin and Marshall College student accused of sex assault,” on LancasterOnline.com, the alleged assault occurred early in the morning of Friday, Sept. 14. The victim arrived at Lancaster General Hospital that afternoon, when the police became involved. She disclosed to police that she had been at a bar the night before with several friends, including Robert C. Mundy, 22, the alleged perpetrator. She had a few drinks, left one unattended, and later passed out. When she woke up in her apartment in College Row, Mundy was on top of her and fondling her.
According to the court docket, Mundy was arrested by City Police Detective Aaron Harnish and arraigned Thursday, Oct. 4. Bail was set at $150,000 and Sylvester Jones, a professional bondsman, posted it Oct. 5. Mundy is now awaiting a preliminary hearing, which is scheduled for Nov. 1. A preliminary hearing was scheduled for Nov. 27 but was cancelled.
According to the court docket, Mundy is charged with six counts of various aggravated and indecent assault, including two assaults-without consent of other and indecent assault person unconscious.
Julia Ferrante, director of media relations, confirmed that Mundy is no longer enrolled at the College. The administration could not comment further stating disciplnary procedures for individual students are confidential.
The College did not issue a notification regarding the alleged sexual assault.
The Jeanne Clery Act requires colleges and universities participating in federal Title IV student financial assistance programs to disclose information about certain crimes on and around their campuses. The Clery Act covers sex offenses, forcible or nonforcible, among other crimes. Under the act, educational institutions “shall make timely reports to the campus community on crimes [covered under the Clery act] considered to be a threat to other students and employees…that are reported to campus secuity or local law police agencies.” The U.S. Department of Education published “The Handbook for Campus Safety and Security Reporting” to assist universities in their compliance with the Clery Act. The handbook explains, “For example, if a rape is reported on campus and the alleged perpetrator has not been caught the risk [of students and employees becoming victims of a similar crime] is there. If the alleged perpetrator was apprehended, there is no continuing risk.” The handbook also explains institutions do not need all of the facts to issue a warning.
The College has adopted policies in accordance with the Clery Act.
According to Ferrante, the F&M policy is that when there is an incident, the College evaluates if there is a continuing threat to F&M students If there is a threat, the College will alert the students and if it is not determined to be a continuing threat, it will not alert the students.
The handbook further explains what properties fall under the law. Campus buildings and locations must meet the following criteria: controlled or owned by the institution, are reasonably contiguous of one another, and directly relate or support the institution’s educational purposes. Control means “that your institution rents, leases or has some other type of written agreement…for a building or property, or portion of a building or property.”
Furthermore, under the law, institutions must develop and distribute a sexual assault policy, outlining the institution’s procedures following a sex offense, possible sanctions after final determinations, procedures students can follow if an offense occurs, and procedures for on-campus disciplinary action.
F&M’s handbook on Sexual Assault outlines four possible courses of action for a complainant (victim): information, mediation, formal complaint, and Title IX complaint. In the latter two, the Sexual Misconduct Committee becomes involved and if it determines it is “more likely than not” that the incident occurred, the senior associate dean of the College issues sanctions.
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