Columbia Journalism Review on Rolling Stone false campus rape story: "Confirmation bias...seems to have been a factor here."...Rolling Stone fact checking chief: "Decisions were made...because of the subject matter."

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4/5/15, "Rolling Stone's investigation: “A failure that was avoidable”," Columbia Journalism Review, article1. cjr.org, By Sheila Coronel, Steve Coll, and Derek Kravitz, 12,644 words 

"Rolling Stone published “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” on Nov. 19, 2014. It caused a great sensation....The online story ultimately attracted more than 2.7 million views, more than any other feature not about a celebrity that the magazine had ever published....

Failure and its consequences...

Rolling Stone’s repudiation of the main narrative in “A Rape on Campus” is a story of journalistic failure that was avoidable. The failure encompassed reporting, editing, editorial supervision and fact-checking. The magazine set aside or rationalized as unnecessary essential practices of reporting that, if pursued, would likely have led the magazine’s editors to reconsider publishing Jackie’s narrative so prominently, if at all....

In late March, after a four-month investigation, the Charlottesville, Va., police department said that it had “exhausted all investigative leads” and had concluded, “There is no substantive basis to support the account alleged in the Rolling Stone article.” [Footnote 2]...

There has been other collateral damage. “It’s completely tarnished our reputation,” said Stephen Scipione, the chapter president of Phi Kappa Psi, the fraternity Jackie named as the site of her alleged assault. “It’s completely destroyed a semester of our lives, specifically mine. It’s put us in the worst position possible in our community here, in front of our peers and in the classroom.”

The university has also suffered. Rolling Stone’s account linked UVA’s fraternity culture to a horrendous crime and portrayed the administration as neglectful. Some UVA administrators whose actions in and around Jackie’s case were described in the story were depicted unflatteringly and, they say, falsely. Allen W. Groves, the University dean of students, and Nicole Eramo, an assistant dean of students, separately wrote to the authors of this report that the story’s account of their actions was inaccurate. [Footnote 3]...

Yet the (Rolling Stone) editors and Erdely have concluded that their main fault was to be too accommodating of Jackie because she described herself as the survivor of a terrible sexual assault. Social scientists, psychologists and trauma specialists who support rape survivors have impressed upon journalists the need to respect the autonomy of victims, to avoid re-traumatizing them and to understand that rape survivors are as reliable in their testimony as other crime victims. These insights clearly influenced Erdely, Woods and Dana. “Ultimately, we were too deferential to our rape victim; we honored too many of her requests in our reporting,” Woods said. “We should have been much tougher, and in not doing that, we maybe did her a disservice.”...

Yet the explanation that Rolling Stone failed because it deferred to a victim cannot adequately account for what went wrong. Erdely’s reporting records and interviews with participants make clear that the magazine did not pursue important reporting paths even when Jackie had made no request that they refrain. The editors made judgments about attribution, fact-checking and verification that greatly increased their risks of error but had little or nothing to do with protecting Jackie’s position....
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"The mystery of Drew"...

In December, Jackie told The Washington Post in an interview that after several interviews with Erdely, she had asked to be removed from the story, but that Erdely had refused. Jackie told the Post she later agreed to participate on condition that she be allowed to fact-check parts of her story. Erdely said in an interview for this report that she was completely surprised by Jackie’s statements to the Post and that Jackie never told her she wanted to withdraw from the story. There is no evidence of such an exchange between Jackie and Erdely in the materials Erdely submitted to Rolling Stone.

There was, in fact, an aquatic center lifeguard who had worked at the pool at the same time as Jackie and had the first name she had used freely with Erdely. He was not a member of Phi Kappa Psi, however. The police interviewed him and examined his personal records. They found no evidence to link him to Jackie’s assault.

If Rolling Stone had located him and heard his response to Jackie’s allegations, including the verifiable fact that he did not belong to Phi Kappa Psi, this might have led Erdely to reconsider her focus on that case. In any event, Rolling Stone stopped looking for him....

'What are they hiding?'

“A Rape on Campus” had ambitions beyond recounting one woman’s assault. It was intended as an investigation of how colleges deal with sexual violence. The assignment was timely. The systems colleges have put in place to deal with sexual misconduct have come under intense scrutiny. These systems are works in progress, entangled in changing and sometimes contradictory federal rules that seek at once to keep students safe, hold perpetrators to account and protect every student’s privacy....

The Obama administration took up the cause. It pressured colleges to adopt more rigorous systems, and it required a lower threshold of guilt to convict a student before school tribunals. The new pressure caused confusion, however, and, in some cases, charges of injustice. Last October, a group of Harvard Law School professors wrote that its university’s revised sexual misconduct policy was “jettisoning balance and fairness in the rush to appease certain federal administrative officials.”

Erdely’s choice of the University of Virginia as a case study was well timed. The week she visited campus, an 18-year-old UVA sophomore went missing and was later found to have been abducted and killed. The university had by then endured a number of highly visible sexual assault cases. The Department of Education’s Office of Civil Rights had placed the school, along with 54 others, under a broad compliance review.

“The overarching point of the article,” Erdely wrote in response to questions from The Washington Post last December, was not Jackie, but “the culture that greeted her and so many other UVA women I interviewed, who came forward with allegations, only to be met with indifference.”...

'A Chilling Effect'...

Over the years, the Department of Education has issued guidelines that stress victim confidentiality and autonomy. This means survivors decide whether to report and what assistance they would like. “If she did not identify any individual or Greek organization by name, the university was very, very limited in what it can do,” said S. Daniel Carter, a campus safety advocate and director of the nonprofit 32 National Campus Safety Initiative....

As Rolling Stone reported, at their May 2013 meeting, Eramo presented Jackie her options: reporting the assault to the police or to the university’s Sexual Misconduct Board. The dean also offered counseling and other services. She checked with Jackie in succeeding weeks to see whether she wanted to take action. She introduced Jackie to One Less, a student group made up of sexual assault survivors and their advocates.

The university did not issue a warning at this point because Jackie did not file a formal complaint and her account did not include the names of assailants or a specific fraternity, according to the UVA sources. It also made no mention of hazing.

Between that time and April 2014, the university received no further information about Jackie’s case, according to the police and UVA sources.

On April 21, 2014, Jackie again met with Eramo, according to the police. She told the dean that she was now coming under pressure for her visible activism on campus with assault prevention groups such as Take Back the Night, according to the UVA sources. Three weeks earlier, she said, she had been hit in the face by a bottle thrown by hecklers outside a Charlottesville bar. She also added a new piece of information to her earlier account of the gang rape she had endured. She named Phi Kappa Psi as the fraternity where the assault had taken place, the police said later. Moreover, she mentioned to Eramo two other students who she said had been raped at that fraternity. But she did not reveal the names of these women or any details about their assaults....

The day after her meeting with the dean, Jackie met with Charlottesville and UVA police in a meeting arranged by Eramo. Jackie reported both the bottle-throwing incident and her assault at the Phi Kappa Psi house. The police later said that she declined to provide details about the gang rape because “[s]he feared retaliation from the fraternity if she followed through with a criminal investigation.” The police also said they found significant discrepancies in Jackie’s account of the day she said she was struck by the bottle....

As it turned out, however, all of the information that the reporter, Renda and UVA possessed about the two other reported victims, in addition to Jackie, came only from Jackie. One of the women filed an anonymous report through the UVA online system - Jackie told Erdely she was there when the student pressed the “send” button - but neither of the women has been heard from since.

‘I’m afraid it may look like we’re trying to hide something’  

In early September, Erdely asked to interview Eramo. The request created a dilemma for UVA. Universities must comply with a scaffold of federal laws that limit what they can make public about their students. The most important of these is the Family Educational Rights and Privacy Act, or FERPA, which protects student privacy and can make it difficult for university staff members to release records or answer questions about any enrollee....

The communications office endorsed the interview, but Vice President for Student Life Patricia Lampkin vetoed the idea. “This is not reflective of Nicole,” she wrote in an email, “but of the issue and how reporters turn the issue.” Asked to clarify that statement for this review, Lampkin said she felt that given FERPA restrictions, there was nothing Eramo could say in an interview that would give Erdely “a full and balanced view of the situation.”...

On Oct. 2, Erdely interviewed UVA President Teresa Sullivan. The reporter asked probing questions that revealed the gap between the number of assault cases that the university reported publicly and the cases that had been brought to the university’s attention internally. Erdely described the light sanctions imposed on students found guilty of sexual misconduct. She asked about allegations of gang rapes at Phi Kappa Psi. Sullivan said that a fraternity was under investigation but declined to comment further about specific cases.

Following the recent announcement by the Charlottesville police that they could find no basis for Rolling Stone’s account of Jackie’s assault, Sullivan issued a statement. “The investigation confirms what federal privacy law prohibited the university from sharing last fall: That the university provided support and care to a student in need, including assistance in reporting potential criminal conduct to law enforcement,” she said.

Erdely concluded that UVA had not done enough. “Having presumably judged there to be no threat,” she wrote in her published story, UVA “took no action to warn the campus that an allegation of gang rape had been made against an active fraternity.” Overall, she wrote, “rapes are kept quiet” at UVA in part because of “an administration that critics say is less concerned with protecting students than it is with protecting its own reputation from scandal.”

During the six months she worked on the story, Erdely concentrated her reporting on the perspectives of victims of sexual violence at the University of Virginia and other campuses. She was moved by their experiences and their diverse frustrations....

In the view of some of Erdely’s sources, the portrait she created was unfair and mistaken. “The university’s response is not, ‘We don’t care,’” said Pinkleton, Jackie’s confidante and a member of One Less. “When I reported my own assault, they immediately started giving me resources.”

For her part, Eramo rejects the article’s suggestion that UVA places its own reputation above protecting students. In an email provided by her lawyers, the dean wrote that the article falsely attributes to her statements she never made (to Jackie or otherwise) and that it “trivializes the complexities of providing trauma-informed support to survivors and the real difficulties inherent in balancing respect for the wishes of survivors while also providing for the safety of our communities.”...

The Editing: ‘I Wish Somebody Had Pushed Me Harder’...

Sean Woods, Erdely’s primary editor, might have prevented the effective retraction of Jackie’s account by pressing his writer to close the gaps in her reporting. He started his career in music journalism but had been editing complex reported features at Rolling Stone for years. Investigative reporters working on difficult, emotive or contentious stories often have blind spots. It is up to their editors to insist on more phone calls, more travel, more time, until the reporting is complete. Woods did not do enough.

Rolling Stone publisher Jann Wenner said he typically reads about half of the stories in each issue before publication. He read a draft of Erdely’s narrative and found Jackie’s case “extremely strong, powerful, provocative. … I thought we had something really good there.” But Wenner leaves the detailed editorial supervision to managing editor Will Dana, who has been at the magazine for almost two decades. Dana might have looked more deeply into the story drafts he read, spotted the reporting gaps and insisted that they be fixed. He did not. “It’s on me,” Dana said. “I’m responsible.”

In hindsight, the most consequential decision Rolling Stone made was to accept that Erdely had not contacted the three friends who spoke with Jackie on the night she said she was raped. That was the reporting path, if taken, that would have almost certainly led the magazine’s editors to change plans....

'I had a faith'...

The editors invested Rolling Stone’s reputation in a single source. “Sabrina’s a writer I’ve worked with for so long, have so much faith in, that I really trusted her judgment in finding Jackie credible,” Woods said. “I asked her a lot about that, and she always said she found her completely credible.” 

Woods and Erdely knew Jackie had spoken about her assault with other activists on campus, with at least one suitemate and to UVA. They could not imagine that Jackie would invent such a story. Woods said he and Erdely “both came to the decision that this person was telling the truth.” They saw her as a “whistle blower” who was fighting indifference and inertia at the university. 

The problem of confirmation bias - the tendency of people to be trapped by pre-existing assumptions and to select facts that support their own views while overlooking contradictory ones - is a well-established finding of social science. It seems to have been a factor here. Erdely believed the university was obstructing justice. She felt she had been blocked. Like many other universities, UVA had a flawed record of managing sexual assault cases. Jackie’s experience seemed to confirm this larger pattern. Her story seemed well established on campus, repeated and accepted.

“If I had been informed ahead of time of one problem or discrepancy with her overall story, we would have acted upon that very aggressively,” Dana said. “There were plenty of other stories we could have told in this piece.” If anyone had raised doubts about how verifiable Jackie’s narrative was, her case could have been summarized “in a paragraph deep in the story.”

No such doubts came to his attention, he said. As to the apparent gaps in reporting, attribution and verification that had accumulated in the story’s drafts, Dana said, “I had a faith that as it went through the fact-checking that all this was going to be straightened out.”

Fact-checking: 'Above my pay grade'...

At Rolling Stone, every story is assigned to a fact-checker....

Magazine fact-checking departments typically employ younger reporters or college graduates....

To be effective, checkers must be empowered to challenge the decisions of writers and editors who may be much more senior and experienced.

In this case, the fact-checker assigned to “A Rape on Campus” had been checking stories as a freelancer for about three years, and had been on staff for one and a half years. She relied heavily on Jackie, as Erdely had done. She said she was “also aware of the fact that UVA believed this story to be true.” That was a misunderstanding. What Rolling Stone knew at the time of publication was that Jackie had given a version of her account to UVA and other student activists. A university employee, Renda, had made reference to that account in congressional testimony. UVA had placed Phi Kappa Psi under scrutiny. None of this meant that the university had reached a conclusion about Jackie’s narrative. The checker did not provide the school with the details of Jackie’s account to Erdely of her assault at Phi Kappa Psi....

She did not raise her concerns with her boss, Coco McPherson, who heads the checking department. “I have instructed members of my staff to come to me when they have problems or are concerned or feel that they need some muscle,” McPherson said. “That did not happen.” Asked if there was anything she should have been notified about, McPherson answered: “The obvious answers are the three friends. These decisions not to reach out to these people were made by editors above my pay grade.”

McPherson read the final draft. This was a provocative, complex story heavily reliant on a single source. She said later that she had faith in everyone involved and didn’t see the need to raise any issues with the editors. She was the department head ultimately responsible for fact-checking.

Natalie Krodel, an in-house lawyer for Wenner Media, conducted a legal review of the story before publication. Krodel had been on staff for several years and typically handled about half of Rolling Stone’s pre-publication reviews, sharing the work with general counsel Dana Rosen. [Footnote 4] It is not clear what questions the lawyer may have raised about the draft. Erdely and the editors involved declined to answer questions about the specifics of the legal review, citing instructions from the magazine’s outside counsel, Elizabeth McNamara, a partner at Davis Wright Tremaine. McNamara said Rolling Stone would not answer questions about the legal review of “A Rape on Campus” in order to protect attorney-client privilege.

The Editor’s Note: ‘I Was Pretty Freaked Out’

On Dec. 5, following Erdely’s early-morning declaration that she had lost confidence in her sourcing, Rolling Stone posted an editor’s note on its website that effectively withdrew the magazine’s reporting on Jackie’s case.

The note was composed and published hastily. The editors had heard that The Washington Post intended to publish a story that same day calling the magazine’s reporting into question. They had also heard that Phi Kappa Psi would release a statement disputing some of Rolling Stone’s account. Dana said there was no time to conduct a “forensic investigation” into the story’s issues. He wrote the editor’s note “very quickly” and “under a lot of pressure.”

He posted it at about noon, under his signature. “In the face of new information, there now appear to be discrepancies in Jackie’s account, and we have come to the conclusion that our trust in her was misplaced,” it read. That language deflected blame from the magazine to its subject and it attracted yet more criticism. Dana said he rued his initial wording. “I was pretty freaked out,” he said. “I regretted using that phrase pretty quickly.” Early that evening, he changed course in a series of tweets. “That failure is on us - not on her,” he wrote. A revised editor’s note, using similar language, appeared the next day.

Yet the final version still strained to defend Rolling Stone’s performance. It said that Jackie’s friends and student activists at UVA “strongly supported her account.” That implied that these friends had direct knowledge of the reported rape. In fact, the students supported Jackie as a survivor, friend and fellow campus reformer. They had heard her story, but they could not independently confirm it.

Looking forward. For Rolling Stone: An Exceptional Lapse or a Failure of Policy? 

The collapse of “A Rape on Campus” does not involve the kinds of fabrication by reporters that have occurred in some other infamous cases of journalistic meltdown. In 2003, The New York Times reporter Jayson Blair resigned after editors concluded that he had invented stories from whole cloth. 

In February, NBC News suspended anchor Brian Williams after he admitted that he told tall tales about his wartime reporting in Iraq. There is no evidence in Erdely’s materials or from interviews with her subjects that she invented facts; the problem was that she relied on what Jackie told her without vetting its accuracy.

“It’s been an extraordinarily painful and humbling experience,” Woods said. “I’ve learned that even the most trusted and experienced people - including, and maybe especially, myself - can make grave errors in judgment.”

Yet Rolling Stone’s senior editors are unanimous in the belief that the story’s failure does not require them to change their editorial systems. “It’s not like I think we need to overhaul our process, and I don’t think we need to necessarily institute a lot of new ways of doing things,” Dana said. “We just have to do what we’ve always done and just make sure we don’t make this mistake again.” Coco McPherson, the fact-checking chief, said, “I one hundred percent do not think that the policies that we have in place failed. I think decisions were made around those because of the subject matter.”

Yet better and clearer policies about reporting practices, pseudonyms and attribution might well have prevented the magazine’s errors. The checking department should have been more assertive about questioning editorial decisions that the story’s checker justifiably doubted. Dana said he was not told of reporting holes like the failure to contact the three friends or the decision to use misleading attributions to obscure that fact.

Stronger policy and clearer staff understanding in at least three areas might have changed the final outcome:

Pseudonyms. Dana, Woods and McPherson said using pseudonyms at Rolling Stone is a “case by case” issue that requires no special convening or review. Pseudonyms are inherently undesirable in journalism....Rolling Stone should consider banning them....

Checking Derogatory Information. Erdely and Woods made the fateful agreement not to check with the three friends. If the fact-checking department had understood that such a practice was unacceptable, the outcome would almost certainly have changed.

Confronting Subjects With Details. When Erdely sought “comment,” she missed the opportunity to hear challenging, detailed rebuttals from Phi Kappa Psi before publication. The fact-checker relied only on Erdely’s communications with the fraternity and did not independently confirm with Phi Kappa Psi the account Rolling Stone intended to publish about Jackie’s assault. If both the reporter and checker had understood that by policy they should routinely share specific, derogatory details with the subjects of their reporting, Rolling Stone might have veered in a different direction....
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Footnotes...

[Allen W. Groves, the University dean of students, and Nicole Eramo, an assistant dean of students, separately wrote to the authors of this report that the story’s account of their actions was inaccurate. [Footnote 3]]

3. In a letter, Groves objected to Rolling Stone’s portrayal of his actions during a University of Virginia Board of Visitors meeting last September. A video of the meeting is available on a UVA website. Groves wrote that Erdely “did not disclose the significant details that I had offered into the scope” of a Department of Education compliance review of UVA. Groves’s full letter is here.

In the email sent through her lawyer, Eramo wrote, Rolling Stone "made numerous false statements and misleading implications  about the manner in which I conducted my job as the Chair of University of Virginia’s Sexual Misconduct Board, including allegations about specific student cases. Although the law prohibits me from commenting on those specific cases in order to protect the privacy of the students who I counsel, I can say that the account of my actions in Rolling Stone is false and misleading. The article trivializes the complexities of providing trauma-informed support to survivors and the real difficulties inherent in balancing respect for the wishes of survivors while also providing for the safety of our communities. As a general matter, I do not — and have never — allowed the possibility of a media story to influence the way I have counseled students or the decisions I have made in my position. And contrary to the quote attributed to me in Rolling Stone, I have never called the University of Virginia “the rape school,” nor have I ever suggested — either professionally or privately — that parents would not “want to send their daughter” to UVA. As a UVA alumna, and as someone who has lived in the Charlottesville community for over 20 years, I have a deep and profound love for this University and the students who study here.”
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4. Last December, Rosen left Wenner Media for ALM Media, where she is general counsel. Rosen said her departure had no connection with “A Rape on Campus” and that she had played no part in reviewing the story before publication. She said she began talking with ALM in September, before Erdely’s story was filed, about the position she ultimately accepted."

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"Sheila Coronel, Steve Coll, and Derek Kravitz wrote this report. Sheila Coronel is Dean of Academic Affairs at the Columbia Journalism School and director of the Stabile Center for Investigative Journalism, Steve Coll is the Dean of Columbia Journalism School, and Derek Kravitz is a postgraduate research scholar at Columbia Journalism School."