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Lam Chian Leong
He said that there are "two strong reasons" why the universities' disciplinary frameworks need to be reviewed to strengthen the penalties.
First, there is a need to "better balance" the objectives of deterrence and redress for the victims against rehabilitation of the offender.
"Balancing these objectives is important for an education institution, but it should not end up with penalties that are too lenient and have too soft a bite," Mr Ong said.
"'Two strikes and you're out' cannot be the standard application. But neither should expulsions be the default for all forms of misconduct," he added.
There has to be a "significant" adjustment at the most egregious end of the spectrum of misconducts when they are serious criminal offences that undermine the safety and security of university campuses, he said.
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Agree.
(1) "better balance" the objectives of deterrence and redress for the victims - must be the 1st consideration - to deter crime from happening and to ensure victim has adequate emotional care to recover.
(2) rehabilitation of the offender --- will be the 2nd consideration after taking into account the 1st consideration.
Remorseful and a very high chance of rehabilitation - will be an important criteria to be considered after taking into account the 1st consideration.
(3) "'Two strikes and you're out' cannot be the standard application. But neither should expulsions be the default for all forms of misconduct,". There has to be a "significant" adjustment at the most egregious end of the spectrum of misconducts when they are serious criminal offences that undermine the safety and security of university campuses ---- fully agreed as all individual cases should be considered according to its merit - the weight of the crime, any mitigating factors, the chances of rehabilitation etc among others --- before administering the appropriate punishment and sanctions.
First, there is a need to "better balance" the objectives of deterrence and redress for the victims against rehabilitation of the offender.
"Balancing these objectives is important for an education institution, but it should not end up with penalties that are too lenient and have too soft a bite," Mr Ong said.
"'Two strikes and you're out' cannot be the standard application. But neither should expulsions be the default for all forms of misconduct," he added.
There has to be a "significant" adjustment at the most egregious end of the spectrum of misconducts when they are serious criminal offences that undermine the safety and security of university campuses, he said.
--
Agree.
(1) "better balance" the objectives of deterrence and redress for the victims - must be the 1st consideration - to deter crime from happening and to ensure victim has adequate emotional care to recover.
(2) rehabilitation of the offender --- will be the 2nd consideration after taking into account the 1st consideration.
Remorseful and a very high chance of rehabilitation - will be an important criteria to be considered after taking into account the 1st consideration.
(3) "'Two strikes and you're out' cannot be the standard application. But neither should expulsions be the default for all forms of misconduct,". There has to be a "significant" adjustment at the most egregious end of the spectrum of misconducts when they are serious criminal offences that undermine the safety and security of university campuses ---- fully agreed as all individual cases should be considered according to its merit - the weight of the crime, any mitigating factors, the chances of rehabilitation etc among others --- before administering the appropriate punishment and sanctions.
56 cases of sexual misconduct by university students in past 3 years
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SINGAPORE: The six Autonomous Universities (AUs) in Singapore handled 56 disciplinary cases involving sexual misconduct by their students in the last three academic years, said Education Minister Ong Ye Kung in Parliament on Monday (May 6).
Of them, 14 cases were committed outside of campuses.
Seventeen cases happened in Academic Year 2015, 18 in Academic Year 2016 and 21 cases in Academic Year 2017.
Twenty five out of the 56 cases were from the National University of Singapore (NUS), two from Yale-NUS which has its own Board of Discipline separate from NUS, 20 were from Nanyang Technological University (NTU) and six were from Singapore Management University (SMU).
READ: 22-year-old NTU student under investigation over Peeping Tom incident
Singapore University of Technology and Design (SUTD), Singapore Institute of Technology (SIT) and Singapore University of Social Sciences (SUSS) each had one case.
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Among them, 37 cases were related to voyeurism such as peeping toms and filming of people in vulnerable positions, Mr Ong revealed.
The minister was responding to questions from Members of Parliament (MP) Lim Biow Chuan and Desmond Choo as well as and non-constituency MP Leon Perera on the number of sexual misconduct cases involving students of the AUs and the disciplinary frameworks in place at universities.
The number of cases for each AU is closely related to their student numbers, said Mr Ong. He added that the number of sexual misconduct cases involving student perpetrators per 1,000 students hovered at 0.21, 0.21 and 0.2 over the last three years showing "no discernible trend".
PENALTIES
Of the 56 cases, the victims in 37 cases reported the crime to the police. Four cases are still under investigation and there was insufficient evidence to make out offences in two of them, he said.
Of the remaining 31, 10 cases were "serious offences" and resulted in jail terms of between 10 days and eight months, Mr Ong said. These include cases of outrage of modesty or multiple instances of voyeurism.
READ: More secure shower cubicles, guards as NUS steps up security on campus
In addition to police investigations, the universities also carry out their own disciplinary processes and mete out a combination of penalties within its power. These range from official reprimand which will be reflected in a student's formal educational record, to suspensions and expulsions, Mr Ong said.
Five out of the 56 cases are still awaiting disciplinary hearings, while four students have withdrawn from the university before sanctions were imposed.
Out of the remaining 47 cases, 34 resulted in an official reprimand, 26 resulted in suspension of up to two academic terms and 20 were banned from entering students' dormitories.
"They do not add up to 47 because cases typically receive a combination of penalties," Mr Ong said.
In determining appropriate sanctions in each case, Mr Ong said the university's disciplinary body takes into account the severity of the misconduct and any mitigating factors, such as how remorseful and forthcoming the offender was during investigations, the potential for rehabilitation, and the presence of any mental health issues.
For offenders with psychiatric conditions, mandatory counselling and psychological treatment will be required.
"But if we look at the 10 police cases involving serious offences which led to jail sentences, there was only one expulsion, which was subsequently reduced to an 18-month suspension after appeal and taking into account of the offender's psychiatric condition," Mr Ong said.
AUs WILL NEED TO REVIEW THEIR DISCIPLINARY FRAMEWORK
He said that there are "two strong reasons" why the universities' disciplinary frameworks need to be reviewed to strengthen the penalties.
First, there is a need to "better balance" the objectives of deterrence and redress for the victims against rehabilitation of the offender.
"Balancing these objectives is important for an education institution, but it should not end up with penalties that are too lenient and have too soft a bite," Mr Ong said.
"'Two strikes and you're out' cannot be the standard application. But neither should expulsions be the default for all forms of misconduct," he added.
There has to be a "significant" adjustment at the most egregious end of the spectrum of misconducts when they are serious criminal offences that undermine the safety and security of university campuses, he said.
READ: Campus security to be tightened, more support for victims of sexual misconduct cases
READ: The Big Read: Singapore’s voyeurism problem – what’s wrong with men, or the world?
Mr Ong added that if the offender is remorseful and has accepted and been served punishment, he deserves a chance to make good.
Second, Singapore must recognise that voyeurism is a growing concern. With growing exposure to the Internet at an early age and technological advances that have made video recording easier and more undetectable, this has led some to think that voyeurism is not a serious offence.
"The young today grow up with the Internet. They are exposed to pornography websites. They know of miniature photography and recording devices and sometimes they get it through their WhatsApp. Over time, they may have the idea that this is no big deal. This is what we are worried about. It doesn't manifest in terms of higher incidence rates, at least over the last three years ... but we do worry about this underlying trend," Mr Ong said.
"As our circumstances change, the AUs must likewise keep up with the times and ensure that their policies and processes remain relevant in establishing a safe and supportive environment for all students," the minister said.
Across AUs, polytechnics and Institutes of Technical Educations (ITEs), disciplinary frameworks will be reviewed, he added.
MP Foo Mee Har asked if MOE would consider prescribing minimum standards to the disciplinary actions that will be meted out for as the universities are reviewing its disciplinary frameworks.
In response, Mr Ong said that the ministry needs to respect the autonomy of AUs in having their own board and governing themselves, separate from MOE.
"For us to issue standards, codes or rules to the universities, I think it would not be appropriate. We can do that for polytechnics because they are statutory boards and for ITEs," Mr Ong explained.
OPPORTUNITY TO REFLECT ON CHARACTER OF SOCIETY
Mr Ong said the strong reaction to Ms Monica Baey's situation showed that people in Singapore have a strong sense of justice, who see the importance of differentiating between right and wrong.
READ: 'Change has finally come': Monica Baey on NUS handling of sexual misconduct cases
"But we should always refrain from trial by media, doxxing and resorting to mob justice. No matter how wrong an offender is, we need to respect the due process," Mr Ong said.
"During this episode, the harshest punishment for Nicholas Lim came from social media. I hope that as a society, we will give him and his family the time and space they need, to reflect on his actions, to turn over a new leaf and move forward," he added.
Source: CNA/fs(ms)
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'No free passes' for university students when it comes to sexual misconduct: Shanmugam
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SINGAPORE: There are no "free passes" to university students or anyone else when it comes to sexual misconduct cases, Law and Home Affairs Minister K Shanmugam said in Parliament on Monday (May 5).
Mr Shanmugam was responding to queries from Non-Constituency Member of Parliament (NCMP) Leon Perera and Member of Parliament (MP) Lee Bee Wah on sexual offences at Singapore's universities, as well as the general approach taken by the police and Attorney-General’s Chambers (AGC) regarding such cases.
CASES IN UNIVERSITIES
The Ministry of Education (MOE) had informed Parliament that between the academic years of 2015/2016 and 2017/2018, 56 sexual misconduct cases were reported to the autonomous universities. Of the 56 cases, 37 were forwarded to the police, Mr Shanmugam said.
The minister added that there was insufficient evidence to make out offences in two cases, and investigations in another four are ongoing.
Of the remaining 31 cases, 16 were prosecuted in court, with a jail sentence for 10 of them. Supervised probation was imposed by the courts in four cases, and a discharge not amounting to an acquittal was handed out in one case. The sentencing for one case is still pending.
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Of the remaining 15 cases, 13 perpetrators were given a conditional warning, while two were given stern warnings.
One re-offender, an NUS student, had been given a conditional warning for a voyeurism offence in 2015. When he re-offended in 2017, police prosecuted him for both the 2015 and 2017 offences. He was sentenced to eight months imprisonment and fined S$2,000.
Mr Shanmugam also said that beyond the 56 cases, there were an additional eight cases reported directly to the police. Six of these were dropped due to insufficient evidence to make up offences, while investigations into the two remaining cases are ongoing.
READ: 56 cases of sexual misconduct by university students in past 3 years
NICHOLAS LIM "ON THIN ICE"
The minister said there were no "free passes" for anyone.
"So these numbers show that some have been prosecuted, depending on the facts. Others have been given a second chance, and there are no "free passes" to university students, or anyone else," said Mr Shanmugam.
"All of this - being tough, taking a no nonsense approach - does not mean that every offender must be or will be automatically charged in court. Police and (the) AGC must look at the facts of each case and exercise discretion," the minister added.
On the case involving NUS undergraduate Monica Baey, who was filmed by fellow student Nicholas Lim in the hostel shower, Mr Shanmugam said the perpetrator is "on thin ice" after he was handed a conditional warning by the police.
The minister said there were factors which could have justified charging Mr Lim - the primary one being that he had done something "very wrong".
"These factors were weighed against other factors, which were justified giving him another chance. Police weighed both sets of factors and decided that a conditional warning was appropriate," Mr Shanmugam explained.
"It was one of those cases, quite usual, normal, for the police, where the decision was based on judgement. Police accessed him to be remorseful and likely to reform.
"He confessed voluntarily, within minutes of the offence being committed, and well before any police report was made.
"He was cooperative with the police. He had not circulated the video - that had been deleted. Other factors have also been mentioned in the police statement."
Should Mr Lim re-offend within a 12-month period, he will be charged for the offence related to Ms Baey, as well as the new offence, added the minister.
READ: 'Change has finally come': Monica Baey on NUS handling of sexual misconduct cases
READ: More secure shower cubicles, guards as NUS steps up security on campus
DEALING WITH SEXUAL MISCONDUCT OFFENCES
Mr Shanmugam said the assessment of future conduct and the possibility of rehabilitation were important considerations when it came to such cases.
"This is so even when the offender had done similar acts previously, which will of course weigh against him," the minister added.
"The police will look at all the factors, including the level of remorse, whether he owned up voluntarily, and the likelihood of reform, the likelihood of re-offending.
"They will also, of course, consider the circumstances of the victim, the impact of the offence on the victim, and the need for deterrence."
Mr Shanmugam said in general, there would be "no reason" for police to show leniency if there are aggravating factors.
This includes if a person had any previous convictions or had been warned for similar offences.
Another factor is when the offender if premeditation or deception was used when committing the offence, such as using hidden pinhole cameras, masking his face, covering CCTV cameras, or other means to evade detection.
Police will also consider if the video was shared or circulated, and if the offender was not remorseful or had been uncooperative in the investigation.
"So we take a very stern view of sexual misconduct. Several perpetrators have been prosecuted and put behind bars. But the rigid meting out of uniform penalties will not serve the wider public interest," added Mr Shanmugam.
Read more at https://www.channelnewsasia.com/news/singapore/no-free-passes-university-students-sexual-misconduct-monica-baey-11506908
Mr Shanmugam also said that beyond the 56 cases, there were an additional eight cases reported directly to the police. Six of these were dropped due to insufficient evidence to make up offences, while investigations into the two remaining cases are ongoing.
READ: 56 cases of sexual misconduct by university students in past 3 years
NICHOLAS LIM "ON THIN ICE"
The minister said there were no "free passes" for anyone.
"So these numbers show that some have been prosecuted, depending on the facts. Others have been given a second chance, and there are no "free passes" to university students, or anyone else," said Mr Shanmugam.
"All of this - being tough, taking a no nonsense approach - does not mean that every offender must be or will be automatically charged in court. Police and (the) AGC must look at the facts of each case and exercise discretion," the minister added.
On the case involving NUS undergraduate Monica Baey, who was filmed by fellow student Nicholas Lim in the hostel shower, Mr Shanmugam said the perpetrator is "on thin ice" after he was handed a conditional warning by the police.
The minister said there were factors which could have justified charging Mr Lim - the primary one being that he had done something "very wrong".
"These factors were weighed against other factors, which were justified giving him another chance. Police weighed both sets of factors and decided that a conditional warning was appropriate," Mr Shanmugam explained.
"It was one of those cases, quite usual, normal, for the police, where the decision was based on judgement. Police accessed him to be remorseful and likely to reform.
"He confessed voluntarily, within minutes of the offence being committed, and well before any police report was made.
"He was cooperative with the police. He had not circulated the video - that had been deleted. Other factors have also been mentioned in the police statement."
Should Mr Lim re-offend within a 12-month period, he will be charged for the offence related to Ms Baey, as well as the new offence, added the minister.
READ: 'Change has finally come': Monica Baey on NUS handling of sexual misconduct cases
READ: More secure shower cubicles, guards as NUS steps up security on campus
DEALING WITH SEXUAL MISCONDUCT OFFENCES
Mr Shanmugam said the assessment of future conduct and the possibility of rehabilitation were important considerations when it came to such cases.
"This is so even when the offender had done similar acts previously, which will of course weigh against him," the minister added.
"The police will look at all the factors, including the level of remorse, whether he owned up voluntarily, and the likelihood of reform, the likelihood of re-offending.
"They will also, of course, consider the circumstances of the victim, the impact of the offence on the victim, and the need for deterrence."
Mr Shanmugam said in general, there would be "no reason" for police to show leniency if there are aggravating factors.
This includes if a person had any previous convictions or had been warned for similar offences.
Another factor is when the offender if premeditation or deception was used when committing the offence, such as using hidden pinhole cameras, masking his face, covering CCTV cameras, or other means to evade detection.
Police will also consider if the video was shared or circulated, and if the offender was not remorseful or had been uncooperative in the investigation.
"So we take a very stern view of sexual misconduct. Several perpetrators have been prosecuted and put behind bars. But the rigid meting out of uniform penalties will not serve the wider public interest," added Mr Shanmugam.
Read more at https://www.channelnewsasia.com/news/singapore/no-free-passes-university-students-sexual-misconduct-monica-baey-11506908
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