AMHERST - University of Massachusetts officials say they mishandled a case in which a student who confessed to sexually assaulting a woman on campus last fall was given a deferred suspension.

"The system did not work the way it should have worked," said Edward F. Blaguszewski, director of news and information at UMass. "The system didn't work well, so we've moved to address that."

Meanwhile, Deputy Police Chief Patrick T. Archbald said the incident remains under investigation, and that charges could still be brought in connection with the case.

It is unclear why charges have not been brought against the alleged attacker, but both Archbald and Blaguszewski said in most cases it is up to the victim to press charges.

"No charges have been filed, and I'm not hinting here, but just because no charges are pending, that could change because of the victim at any time," Archbald said.

Amherst Police Chief Scott P. Livingstone said the town's police department does not step in to investigate crimes on campus because of jurisdictional agreements.

Assistant Northwestern District Attorney Elizabeth Dunphy Farris said the incident was not referred to her office for review, but UMass police told her office the victim did not wish to prosecute the alleged crime.

Farris said there are instances in which the district attorney prosecutes a crime without the victim's support, but added that in the case of sexual crimes the victim's wishes on whether to proceed are carefully considered.

"In this type of case, our discussion with a victim is important to our decision on prosecution," she said.

Review of policies

In the wake of the incident, UMass revised its student sanction policy to ensure that serious crimes receive appropriate punishments, said Blaguszewski. The dean of students must now give final approval on all sanctions for serious student offenses. Prior to the revision, it was common practice for members of the dean's office to review sanctions with the dean. However, there was no written requirement that the dean be involved in these discussions. The dean was not consulted in the sanction tied to the sexual assault, Blaguszewski said.

This incident came to light through a recent Boston Globe article on underreporting and slack punishment of sexual assault on New England college and university campuses.

The American Association of University Women reports that about 20-25 percent of women will be raped or experience an attempted rape during their college career, but only 5 percent will report it to police.

UMass incident

According to the Globe story, which quoted the unnamed victim, a 2009 UMass Amherst graduate, she was raped by a UMass student in October while visiting friends on campus.

The woman reported the rape to UMass administrators. According to the Globe, the attacker admitted to the crime.

In an interview with the Gazette, Blaguszewski, who defined the incident as a sexual assault, declined to go into detail about the crime or discuss what punishment would have been appropriate. He also declined to name the alleged rapist, citing federal student privacy laws. Questions regarding the assault directed to the Everywomen's Center, which provides rape counseling, were referred to Blaguszewski.

Blaguszewski confirmed that a student was given a deferred suspension- which is similar to probation in the sense that the suspension would be imposed if he committed another violation of campus rules.

Archbald declined to provide a copy of what he called a rape report to the Gazette, citing the sensitive nature of the crime and the fact that the investigation is still open.

Asked if the alleged rapist, who is still enrolled at UMass, poses a danger to the campus, Archbald said he was unable to answer the question.

UMass has changed its sanction policy and held a community meeting Thursday night to address student concerns in response to the assault.

The sanction policy was updated in February following a review requested by Jean Kim, vice chancellor for student affairs and campus life. Blaguszewski said Kim called for an evaluation of the process immediately after receiving a complaint from the victim, who was dissatisfied with her attacker's punishment.

The deferred suspension, Blaguszewski said, was approved by someone in the dean of student's office, though he declined to name the person or give specific details about how the decision was reached. However, he said the dean was not consulted.

Meanwhile, the Globe identified the person who handed out the deferred suspension as Christina Willenbrock, an assistant to the dean of students. Willenbrock is on maternity leave, according to her out-of-office email notice, and was unavailable for comment.

Under the revised sanction protocol, the dean of students must approve all sanctions doled out for serious offenses such as sexual assault, weapon possession, and distribution of illicit substances. UMass' dean of students is Jo-Anne T. Vanin, who is also the associate vice chancellor for student affairs.

"The sanction of a deferred suspension was something of a concern to the vice chancellor. She was not pleased with the process and how the decision was arrived at," Blaguszewski said. "So we've made a change."

At UMass, sanctions are recommended by disciplinary hearing boards composed of at least three UMass staff and/or students. The board takes testimony from the victim as well as the accused and, in some cases, conducts its own investigation. The board can recommend sanctions that include expulsion, suspension, probation, removal from university housing, and fines.

When a sexual assault is reported to the dean's office, staff meet with the victim and provide access to available resources, which can include counseling from the Everywomen's Center, medical attention or other services. The victim is then advised about filing a criminal complaint against the attacker and pursuing university sanctions. The victim can also decide not to pursue any recourse, Blaguszewski said.

If a victim decides to ask the university to bring sanctions, a disciplinary conference is held, which can lead to a hearing. The board makes recommendations to the dean and sanctions are made.

"We've moved to address it and we're moving forward," Blaguszewski said.