E-mail records obtained by The Missoulian suggest that Jim Foley, vice president of the University of Montana, asked the then-dean of students if there was a way to punish the victim of an alleged rape for speaking out about the incident. “Is it not a violation of the student code of conduct for the woman to be publicly talking about the process and providing details about the conclusion?” Foley asked in an e-mail obtained through an open-records request. In another e-mail to the then-dean of students, Foley expressed dismay that an alleged incident involving four football players and a woman was being described in the press as a "gang rape." (University officials had been using the term "date rape.") The dean responded that the term "gang rape" was being used "because that is what it was." The U.S. Department of Justice is investigating how the university has handled a series of sexual assault allegations. Foley did not respond to requests from the newspaper for comments on the e-mail messages.
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