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Sexual Misconduct

Breaking Down the Barriers to Reporting
Posted by On Tuesday, June 14, 2016

Understanding why students are hesitant to report sexual assault is the first step to building better, more supportive responses.

College and university administrators are working hard to improve how they handle student sexual assaults by reworking their student handbooks, reconsidering their disciplinary procedures, and retraining their faculty and staff. Unfortunately, the impact of these efforts and improvements can go unnoticed. According to a BJS study, “more than 3 in 4 student victims of rape and sexual assault knew the offender.” These assaults often occur near the home of the victim/friend/relative/acquaintance, which means they can happen right on campus in the dorms, fraternity houses, or other areas. As such administrative safety measures should be present enough for the student population to be aware of and help them to feel safer on campus.

This article will explore some of the barriers to reporting, how some students view existing sexual violence prevention efforts, and ways administrators can bridge those gaps.

Students are Uncertain Whether Reporting Will Actually Help

In dealing with the aftermath of being sexually assaulted on her school’s campus, Hayley Himmelman, a Communication student at Northwestern University, felt that the issue of sexual violence has been getting buried at many institutions. To expose the problem, Himmelman produced a play called “Blue Lights,” based on a collection of interviews conducted with fellow NU students that portrays sexual violence, as well as what a healthy relationship looks like.

According to an online article published by the Daily Northwestern, “The play is centered on the University’s blue light phones placed on and off campus, which serve as quick ways to report crime and emergencies.” But the blue lights represent something else to Himmelman: a façade. “…the administration can point to [the blue lights] and say, ‘[t]hat’s, you know, how we protect our students from harm,’” said Himmelman, who believes that the lights give students a “false sense of security.”

The lights are installed. The system is in place. But to students who continue to experience sexual violence—whether at NU or other campuses—they are not enough. Even with these blue lights, or any of the other campus safety resources at their disposal on College and University campuses, many students choose silence over reporting. The reality for Hayley and for many other survivors is that assault can happen even while on campus. Make sure that students have victim support services and confidential counseling to go to for more information.

Alongside ensuring that students know where to go and what to do, it’s crucial that colleges make the reporting process well-known and foster a respectful, victim-centered, and secure environment on campus.

Here are some actions administrators can take on campus to create a safer and more supportive climate:

Increase the presence of campus security patrols on foot and in vehicles

  • Along with patrolling the more isolated areas on campus, it’s also a good idea to have campus security located in visible and high traffic areas, such as main entrances, and parking lots.
  • Having security patrol around campus acts both as deterrence for perpetrators, as well as sources who can witness and intervene in a potential assault or an assault in progress.
  • Have the campus security office be a well-known location so students can get help when needed.

Use emails and flyers to help reach out to the community and enhance communication between administration and the student body

  • Make these materials non-judgmental, easily accessible, detailed, and containing information such as steps to take before or after an assault and resources to reach out to.

Incorporate educational and prevention programs

  • “Sexual assault is a learned behavior,” states an article posted by the AAUW. “By fostering a campus culture of gender equity and respect through programming, “Sexual training, and awareness campaigns, faculty and staff can help prevent sexual assault. Faculty can also incorporate the issue of sexual assault into their curriculum whenever possible and whenever relevant to course content. Faculty and staff can also offer student workshops facilitated by trained faculty, staff, and students on campus.”

Students are Unaware of Available Resources on Campus

campus climate survey conducted by the Association of American Universities (AAU) in September 2015 revealed that “[a]bout a quarter of the students generally believe they are knowledgeable about the resources available related to sexual assault and misconduct.” Over 150,000 students from 27 participating institutions took this survey, but 75% of them aren’t aware of their schools’ resources.

Even the best-developed program will be ineffective if 75% of the students on campus don’t know about it. Here are some things administrators can do on campus to make sure students know about campus resources:

Organize and participate in public awareness initiatives

  • Having administrators be present on campus shows students that the school cares about their knowledge and safety, which helps make the campus a more accepting place. Consider which existing campus organizations and resources the school can engage to help set up these initiatives.
  • Some educational and public awareness initiatives that spread information and support to students include It’s on UsWhite Ribbon Campaign, and Take Back the Night.

All colleges and universities should have a Title IX Coordinator

  • As someone who is responsible for overseeing all complaints of sexual misconduct and discrimination, as well as identifying and addressing patterns and problems on campus, this role is very important to aiding in student safety. The American Association of University Women (AAUW) published a post on this matter, stating that “The U.S. Department of Education’s Office for Civil Rights released helpful tools to provide Title IX Coordinators with vital resources to help them do their jobs better. Faculty and staff can help by making sure that these materials get into the hands of as many coordinators as possible to help them make sure students have access to educational opportunities.”
  • The Title IX Coordinator’s information can be included on class syllabi, posted fliers, newsletters, and definitely should be easily found on the school website. An email address, office number, and phone extension are helpful contact options for students to consider when reaching out for help.

Underreported Sexual Assaults Misrepresent the Scope of the Problem

11.2% of all students have experienced a form of sexual assault while on campus, and not many report the incident afterward. Mistrust of the reporting process contributes to sexual violence being a drastically underreported crime. The AAU’s climate survey revealed that “[a] relatively small percentage (e.g., 28% or less) of even the most serious incidents are reported to an organization or agency (e.g., Title IX office; law enforcement).”

Incidentally, underreporting can lead to a common belief that sexual violence is made out to be a bigger issue than it really is. However, the data shows that reports of sexual assault on college campuses have been on the rise in the past few years. As of February 2016, the Office for Civil Rights in the Department of Education is investigating 208 cases of civil rights violations involving sexual assault reports at 167 colleges and universities. And as college students become more aware of sexual misconduct and how to recognize it—through training programs, news stories, and so on—the number of reports are likely to continue rising, as long as students feel comfortable about reporting and know about (and trust) their school’s available resources.

Properly addressing reports of sexual violence is crucial to fostering an environment that encourages reporting. The more incidents that go unreported, the less information administrators have about the true scope of the issue.

survey of about 650 university presidents showed that ‘[a]bout one-third (32 percent) of respondents agree or strongly agree that sexual assault is prevalent at American colleges and universities. But few presidents (6 percent) agree or strongly agree that sexual assault is prevalent at their institution.” With the recognition that sexual assault can happen at any campus, administrators are better able to address and be proactive about tackling the situation on their campus.

How Survivors Can Feel Safer Coming Forward

The Department of Education released resources to help improve campus climate, stating that “Research shows that students learn best when they are in environments in which they feel safe, supported, challenged, and accepted… By improving school climate, schools lay the foundation for improving daily school attendance and high achievement by all students.”

In order to reach that level of safety, students must feel comfortable with and confident in the resources provided by their school. Students should know there is someone to talk to and that their claim will be taken seriously. By reaching out to the student body—through training courses, well-marked signs, an easy to navigate website, posters/flyers, and the suggestions listed throughout this post—administrators can better equip students with the knowledge and confidence they need to report.

Though the overall goal is to reduce incidences of sexual misconduct, administrators must first be aware of the magnitude of the issue. A more aware and responsive administration can encourage students to report sexual violence—which informs how administration can resolve sexual violence on campus—and opens the door for further opportunities to support. Increased student reporting and effective administrative response can feed back on each other, creating a safer, more equitable campus.

Here are some additional options to consider:

  • Some college and university campuses have adopted the use of technology as a tool to enhance safety measures, “like video surveillance, swipe entry cards, emergency text message notification, and blue light emergency phone systems.” Consider which safety methods might be a good addition to a college campus.
  • Fix every broken or dim light on campus (including parking lots, pathways, halls, and lobbies). Students should be able to see where they are going and who is around them. This can provide benefits like students attending more night classes and reducing other crimes, like theft.
  • “Get out of the office, walk the campus, and listen to students, staff, and the community,” states a University Business article on creating a more secure campus, “People will feel safer if you are among them. Listening to them can also alleviate quite a bit of anxiety, which often comes out of the feeling that the school foes not care about them individually.”

Learn how to prepare students for the challenges and responsibilities of college life through online compliance training. For more information, visit CampusClarity’s home page.

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Campus Climate Surveys: A tool for creating anti-racist policies and procedures
Posted by On Thursday, November 12, 2015

This past month has been ripe with conversation around race and racism on campus. Articles in the Chronicle, Huffington Post, Washington Post, and many others have detailed racism at colleges and universities. Student Activism has put racial microaggressions, incidents of blatant racism, and institutionalized racism into the media and in many cases has already led to action by administration.

Two years ago, the Black Student Union at the University of Michigan started the #BBUM, or Being Black at U of M, campaign to bring awareness to the experiences of students of color on campus. This campaign received national attention and coincided with a list of demands to administration for improving the campus climate for students of color, and specifically Black and African American students, on campus.

Similar events have taken place at the University of Missouri (Mizzou) and Yale over the past few weeks and student solidarity seems to be spreading to campuses around the country. While the situations at Mizzou and Yale have played out differently, the student activists are responding to similar frustrations with ongoing racism that has been left unaddressed by the school. Students are getting fed up with their institutions claiming “diversity” and “inclusivity” when their lived experiences tell them otherwise. Students are getting fed up with leaders not taking racism on campus seriously. And students are getting fed up with acts of blatant racism receiving no repercussion.

What does campus racism have to do with the campus climate around sexual assault? A lot. Campus climate is holistic in that it defines how students experience their time at a school. However, it has many different facets. Lately, we have been focusing on campus climate and how it relates to sexual assault (including sexual violence, sexual misconduct, sexual harassment, and dating/relationship violence). The racial climate on campuses definitely plays into how students perceive the climate around sexual assault.

If a student does not feel included, safe, or welcomed on campus, if a student does not feel supported by administrators, if a student does not feel a sense of community, if a student does not see faces who look like them in positions that matter, if a student is struggling every day just to survive in a space that is stacked against them, what is to make them want to report? Or even if they want to, what is to make them feel safe reporting?

Similarly, if the perpetrator of an assault was a student of color, reporting can be an especially complicated decision. If reporting means giving another reason for people of color to look like criminals or perpetrators of violence, survivors might be hesitant to report due to the potential harm to their community – perhaps the only community they feel a part of on campus.

So what does all of this mean? Sexual assault education, response, and policies are not one-size-fits-all. A survivor-centered approach needs to take into consideration the unique experiences of each survivor, including how their culture, community, and identities intersect with that experience. The Department of Justice suggests that a “culturally relevant, survivor centered approach” needs to have the following components:

  • Is grounded in the experiences of all survivors on campus. This requires the campus to understand not only the dynamics of the crimes, but the nuances that each crime presents and how these crimes are experienced by diverse groups of survivors on campus.
  • Takes into account cultural contexts in order to better understand the survivor’s experience and how this may affect such actions like a survivor’s decision not to report or seek services.
  • Is flexible and adaptable to the needs of survivors so they are not re-traumatized by the campus’s efforts.
  • Prevents the creation of processes, protocols and systems that support institutional interests over survivor’s needs.

We’ve previously written how race and ethnicity are depicted in Think About It, but this is just the beginning of thinking about how sexual assault prevention and response work can be anti-racist. Last year at NASPA, a session titled “Considering Students of Color in Sexual Assault Prevention” by Luoluo Hong, Mark Houlemard, Ross Wantland, and Patricia Nguyen discussed using a social justice framework when thinking about sexual assault on college campuses. To do this, it is imperative that administrators recognize that racism and sexism are “interlocking systems of oppression” and doing anti-sexism work also means doing anti-racism work. One of my main takeaways from this session was when Hong suggested replacing the word “students” in your sexual assault policies with “students of color.” And then ask yourself: Does the policy still apply? Is it realistic and comprehensive? Are students of color actually considered in the voices of victims and perpetrators? Most importantly, how is your sexual assault prevention work anti-racist?

How does this relate to Climate Surveys? As we previously wrote, Sexual Assault Campus Climate Surveys are being considered a “best practice response to campus sexual assault.” One of the most beneficial usages for climate survey data is being able to sort and filter it based on demographics like class standing, gender, sexual orientation, and race. When you administer your campus climate survey, pay special attention to the perceptions and experiences of students of color. Compare the experiences of white students and students of color for questions about reporting sexual assaults, perceptions of campus safety, and bystander behaviors. Reporting numbers have been low across campuses (2-5%) when participants were asked if they reported the assault through official school systems. This data needs to be cross-tabulated with different demographics to isolate data about how race impacts perceptions and experiences with sexual assault. Climate surveys are a great tool to gauge racial disparities on your campus and can lead to creating policies and procedures that are anti-racist.

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Campus Climate Survey Results: AAU Releases Aggregate Data about Sexual Assault
Posted by On Monday, September 21, 2015

Today, the Association of American Universities released aggregate data from the climate survey it conducted at 27 of its member campuses. The results reinforced some of the findings from other campus climate surveys, but also revealed startling new information about how students respond that could inform campus’s prevention programs.

The AAU report says that “the primary goal of the Campus Climate Survey on Sexual Assault and Sexual Misconduct was to provide…information to inform policies to prevent and respond to sexual assault and misconduct.” They survey assessed the incidence and prevalence of sexual assault, the perceptions of risk, the knowledge of resources, and the likelihood of action.

Just over 150,000 students participated in the survey, giving a response rate of around 19%. When students were offered a $5 Amazon gift card, their response rate was 9.3% higher than when they were offered drawing entry or no incentive.  The response rate for females was 7.3% higher than for males. Results varied across the 27 campuses who administered the AAU survey, and it is expected that many schools will release their individual data as well. Although the response rate was lower than desired, this survey gives us one of the largest data pools of its kind.

Overall, there are some findings that are consistent across all campuses.

  • Results confirmed the widely cited statistic that “one in five” women will experience sexual assault while at college.
  • Transgender, Genderqueer, and Gender Nonconforming students are more likely to experience sexual assault or misconduct across all categories.
  • About one quarter of students reported feeling very or extremely knowledgeable about where to report sexual assault.
  • More than 75% of sexual assault cases were never reported using official systems of reporting.
  • Males are more optimistic than females that someone who reports a sexual assault will be supported by their peers.
  • The most common reason for not reporting sexual assault was that it was “not considered serious enough,” with high numbers also in feeling “embarrassed or ashamed” and “did not think anything would be done.”
  • Over a quarter of senior females reported experiencing sexual contact by force or incapacitation since entering college.

Some of the most interesting results of the findings related to perception of risk and bystander behaviors. Around 20% believe that sexual assault is very or extremely problematic on their campus, but only 5% thought that it was very likely that they would experience it. Over half of students who had witnessed someone acting sexually violent or harassing said they did nothing to intervene. Over three quarters of students who had witnessed a drunk person heading for a sexual encounter said they did nothing to intervene.

What does this mean for student affairs professionals and college administrators? There are a number of action-steps that can be taken from the information gathered through this survey.

  • Sexual assault and misconduct are massive problems on college campuses, and not isolated to individual institutions who are in the media.
  • Even when people believe sexual assault is a rampant problem on their campus, they are unlikely to believe it could happen to them. Students need to be given a realistic understanding about the context of sexual assault on college campuses.
  • Although very few students reported through official means, most students told a friend. Students need the resources and tools to be able to help friends who have experienced sexual assault or misconduct.
  • Students didn’t report for a number of reasons, but most frequently because they did not consider it serious enough. If schools want accurate reporting numbers, they need to send a clear message of what is included in sexual assault or misconduct policies.
  • Most students did not intervene even when they noticed a potential sexual assault. Bystander intervention efforts need to focus both on recognizing what constitutes sexual assault or misconduct and also build motivation for intervention, give students the tools they need, and develop the skills and confidence to intervene.

If you’d like to learn more about climate surveys and discuss ways that you can develop your own or use the aggregate data from the AAU survey to inform your campus programming, join us on Tuesday, October 13th for a webinar with Jessica Ladd from Sexual Health Innovations and Peter Novak from the University of San Francisco. Register at http://bit.ly/1KP34ZT.

To view the entire 288-page report, go here.

To view the survey tool developed by Westat, go here.

To view the fact-sheet summary, go here.

 

 

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Campus Climate Surveys: Published Data & Results
Posted by On Thursday, August 6, 2015

As the desire for Sexual Assault Climate Surveys builds momentum on college campuses, important information can be gathered from schools who have already implemented surveys. Our first post on climate surveys last week described the purpose of climate surveys and some initial resources to consider if you’re looking to implement a survey on your campus.

Barnard College (Barnard), University of Chicago (UChicago), University of Michigan (Michigan), Massachusetts Institute of Technology (MIT), and University of Nevada-Reno (UNR) have all published results from campus climate surveys they’ve implemented on their campuses in the last few years. All of the schools except for Michigan sent out a survey to all students on their campus. and the response rates ranged from 28% to 35%.  Michigan sent out their survey to a random representative sample of 3,000 students and received a response rate of 67%. Each school had a higher response rate for self-identified females than males by 9-11%.

Below are a few summarized take-aways from the reports of these five schools.

  • Over 80% of women report hearing sexist jokes or remarks since being in college.
  • Of those who have been sexually assaulted, anywhere from 45-65% say that they told someone about the experience, however only 3-5% officially reported the assault.
  • Anywhere from 8-10% of women report experiencing non-consensual sexual penetration since being in college.
  • Over 60% of students report having a friend who has experienced sexual assault.

In April, the Association of American Universities partnered with Westat to develop a sexual assault climate survey for 28 (included Dartmouth, a non-AAU member) of its member universities to implement on their campuses. The same survey will be used for all 28 campuses, and the AAU has committed to publishing aggregate data across all survey users. A results comparison just from Barnard, UChicago, Michigan, MIT, and UNR shows that there will likely be similar outcomes across campuses, despite unique campus demographics. These consistencies lead to the conclusion that sexual assault on college campuses is an epidemic rather than many isolated incidents. Hopefully the new survey data will propel educators, policy-makers, parents, and other stakeholders into action to create societal change around the climate of sexual assault both on and off college campuses.

Our third post in the Campus Climate Surveys series will come out next week, detailing what research and experts are saying about the importance and potential impact of these surveys.

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Campus Climate Surveys: Getting Started
Posted by On Thursday, July 30, 2015

In April of 2014, the White House Task Force to Protect Students from Sexual Assault published a report naming sexual assault-specific campus climate surveys as a “best practice response to campus sexual assault” and urging “schools to show they’re serious about the problem by conducting [a] survey next year.”  We have long known that sexual assaults are under reported, causing it to be impossible to get a realistic understanding of the climate through reports alone. Climate surveys provide students an opportunity to share their experiences, as well as their perceptions and knowledge, anonymously.  Climate surveys can help administrators better grasp the climate as well as develop needs-informed programming and education. Climate surveys provide an assessment tool for campuses to make positive impact and show that they are taking the issue of sexual assault seriously.

Although climate surveys are not yet mandated under Title IX or the Clery Act, many suggest that they soon will be part of a school’s compliance practices. Under New York’s new “Enough is Enough” law, colleges and universities will be required to assess their campus climate every other year. Other states might follow New York’s lead. At CampusClarity, we want to make sure that schools have everything they need to be in compliance while also doing the best to create a safe and inclusive campus for all students. Over the next few weeks, we’ll be writing a series of posts about Campus Climate Surveys.  This is the first installment.

While there has yet to be a lot of research done on the effectiveness of climate survey instruments, there are a few trailblazers creating and implementing tools deemed successful.  If your campus is looking to administer a survey, take a look at these resources that can help you get started.

Our post next week will detail what we’ve learned from schools like the University of Michigan and MIT, who have already administered and published results from sexual assault campus climate surveys.

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Reporting and Retaliation: Exploring the Complexities of Compliance
Posted by On Tuesday, July 7, 2015

Last week, Alexandra Brodsky, co-founder of Know Your IX, published an article in Feministing.com  titled “We need to make workplace sexual harassment easier to report,” focusing on low-wage earning women’s experiences with sexual harassment and reporting in the workplace.   The article posits, “here’s the truth: we haven’t provided women facing workplace harassment with the protections from retaliation that they need to speak up safely.”

Both Title IX and Title VII prohibit sexual harassment in the workplace, including retaliation against those who complain.  However, according to Brodsky, the fear of retaliation is not something that can be fully mitigated by these laws.  It appears that many victims’ fear is justified, as retaliation against reporters of harassment or assault is extremely common with retaliation being the number one complaint at the Equal Employment Opportunity Commission.

Brodsky argues that social and financial factors also influence a victim’s willingness – or even ability – to report sexual harassment. Specifically for non-English speaking women, immigrants, and those who are isolated in their jobs, the harasser holds a great deal of power and control over the victim.  Many victims of workplace harassment and retaliation need their jobs to keep themselves and their families alive.  They are often not earning a living wage, being paid under the table, and working overtime without compensation.

Brodsky suggests that to find a real solution to workplace sexual harassment and the lack of reporting, low-wage workers must earn a living wage and have equal legal protection regardless of citizenship status.  The fear of retaliation and a lack of trust in proper claim investigation have contributed to the 70% of folks who have been sexually harassed by a co-worker, boss, or other superior, saying that they never reported it, as reported in a 2013 HuffPost/YouGov Poll.

This sounds extremely similar to the experiences of survivors of sexual assault on college campuses.  Title IX and the Clery Act prohibit retaliation against reporters of sexual assault, as it violates an individual’s right to be free from a hostile educational environment. In its comments on the final regulations, the Department of Education admitted it did not have the authority to assure complainants they would not be subject to an investigation of their immigration status, but warned schools that “threatening an individual with deportation or invoking an individual’s immigration status in an attempt to intimidate or deter the individual from filing or participating in a complaint of dating violence, domestic violence, sexual assault, or stalking would violate the Clery Act’s protection against retaliation . . .” (see p. 62772).

A 2015 campus climate survey administered at the University of Michigan found that only 3.6% of students who experienced an unwanted sexual experience reported it to an official university resource.  The problem isn’t isolated to one university.  The Bureau of Justice Statistics’ recent report estimates that 80% of rapes or sexual victimizations against college women go unreported to the police – with 1 in 5 victims saying “fear of reprisal” was a reason they didn’t report.  The Maryland Coalition Against Sexual Assault reports “fear of reprisal” as the number one reason survivors of sexual assault don’t report the incident.

There are two major questions that come out of this information.  First, do people at your organization or institution know that Title VII, Title IX, and the Clery Act prohibit retaliation?  If they do, what is being done to ensure their safety from retaliation outside of the legal language?  It is imperative to create a safe and accountable environment that supports targets of sexual harassment and sexual assault.  Ideally, trainings, courses, and educational experiences will stop sexual assault and harassment before they begin.  However, by only focusing on prevention, we run the risk of ignoring the reality of the situation.  Sexual assault and harassment are happening daily, and when someone is brave enough to report the incident, it is the responsibility of the institution or organization to have a culture of support.

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Recent State Laws: From “Campus Carry” to “Enough is Enough”
Posted by On Tuesday, June 30, 2015

Our primary focus has been on federal legislation to address campus sexual violence, including the pending HALT and CASA bills, as well as the Violence Against Women Reauthorization Act of 2013 regulations that become effective July 1, 2015.

However, there have been a number of recent state law developments that pose additional challenges to many school administrators across the country. Below is a snapshot of some of the current state requirements for responding to and preventing campus sexual violence.

California
Previously, we reported on California’s “Yes Means Yes” law, which requires California’s colleges and universities receiving state funds for student financial aid to adopt a policy that defines what does and does not constitute consent to sexual activity. The law also has a July 1, 2015 deadline to have policies in place to ensure reports of violent crime, hate crime, and sexual assault received by campus security authorities are immediately disclosed to local law enforcement. To help schools comply with this requirement, California Attorney General Kamala Harris released a Model Memorandum of Understanding, which Harris said “will help break down silos between campuses and law enforcement agencies to provide sexual assault victims with the help they need and hold more perpetrators accountable.” This MOU adopts best practices for collaboration between school officials and law enforcement agencies, including: clarifying their respective duties following an assault, working together to connect victims to services, and providing regular training for campus and law enforcement communities.

Colorado
On May 4, 2015, Colorado Governor John Hickenlooper signed HB 15-1220, which requires agreements between public and private colleges and universities and medical or other facilities where sexual assault victims can receive medical and forensic exams. Schools also need to make transportation to these facilities and referrals to advocates available to victims, and have sexual assault training and response policies.

Connecticut
Over the past several months, Connecticut has enacted laws to:

  • allow an anonymous reporting option, and require annual reports to the legislature on the school’s policies, victim rights, crime reports, and the number of disciplinary cases with final outcomes (HB 2059)
  • require memoranda of understanding with community-based assault crisis service centers and domestic violence agencies (HB 6695)
  • require sexual assault forensic examiners to provide care and treatment to victims of sexual assault at school health care facilities (SB 966)

Connecticut Senate Bill 636 is currently pending, which would establish an affirmative consent standard similar to California’s to be applied in sexual assault and intimate partner violence cases.

Illinois
Both Houses of the Illinois legislature have passed HB 821, the Preventing Sexual Violence in Higher Education Act, requiring colleges and universities to adopt comprehensive policies to address campus sexual violence. If signed by the governor, this Act will require schools to provide survivors’ notification of their rights and options, confidential advisors, and emergency and ongoing support. In addition, schools would need to establish one procedure to resolve complaints and provide sexual violence awareness training and education.

Maryland
Effective July 1, 2015, HB 571 requires colleges to:

  • conduct climate surveys on or before June 1, 2016, and every two years thereafter
  • submit reports to the Higher Education Commission on sexual assault data gathered, including number of complaints received, disciplinary action taken, and victim accommodations made, beginning on October 1, 2016, and every two years thereafter
  • pursue agreements with local law enforcement and local rape crisis programs
  • provide amnesty from code of conduct violations for alcohol or drugs to students who make good faith reports of sexual assault and witnesses who participate in investigations

Effective October 1, 2015, Maryland SB 477 adds victims of dating violence (who have had a sexual relationship with the offender within the past year) to the list of persons eligible for protective orders that provide broader protection for a longer period of time.

Minnesota
Effective January 1, 2017, the Higher Education Omnibus Bill requires public and certain private institutions to adopt policies that:

  • allow victims to decide if their case is referred to law enforcement
  • protect victims’ privacy
  • provide health care or counseling services, or referrals to services
  • prohibit victim blaming and retaliation
  • grant amnesty from drug or alcohol conduct violations to students who make good faith reports of sexual harassment, including sexual violence
  • establish cooperative agreements with local law enforcement
  • establish an online reporting system that allows anonymous reports
  • train investigators and persons adjudicating sexual assault complaints
  • train students within 10 days after the start of a student’s first semester of classes
  • annually train persons responsible for responding to sexual assault reports
  • designate a staff member at student health or counseling centers as a confidential resource

New York
New York’s “Enough is Enough” bill has passed both houses and is expected to be signed by Governor Cuomo. This legislation codifies a sexual assault prevention policy already adopted by all 64 SUNY campuses, requiring public and private colleges and universities with New York campuses to adopt policies that:

  • define consent as a clear, unambiguous and voluntary agreement to engage in specific sexual activity
  • grant immunity for students reporting incidents of sexual assault or violence from certain campus policy violations, such as drug or alcohol use
  • provide a Bill of Rights to all students, informing them of their legal rights and available resources, including outside law enforcement
  • require comprehensive training for administrators, staff, and students

North Dakota
Effective August 1, 2015, Senate Bill 2150 was signed by North Dakota’s governor, making it the third state (see North Carolina General Statutes § 116-40.11 and Arkansas Act 1194) to allow students facing suspension or expulsion the right to be represented by an attorney or non-attorney advocate who may fully participate during disciplinary proceedings involving matters other than academic misconduct.

Oregon
Effective June 10, 2015, HB 3476 prohibits disclosure of communications with victims of sexual violence when they seek help from counselors and advocates unless the victim consents.

Effective January 1, 2016, SB 790 requires school districts to adopt policies that incorporate domestic violence education into training programs for students in grades 7-12 and school employees.

Texas
On June 13, 2015, Texas Governor Greg Abbott signed a “campus carry” bill into law, which allows students who are 21 or older to carry concealed firearms on public and certain private college and university campuses. Before the law goes into effect on August 1, 2016, Senate Bill 11 allows school administrators to designate gun-free zones on campus and establish rules for storing handguns in dorms and other residential facilities, but those restrictions may not generally prohibit students from carrying handguns on campus.

Virginia
Enacted April 15, 2015, SB 712 requires specific action when responsible employees receive information about sexual violence, including:

  • the information must be reported to the Title IX coordinator “as soon as practicable after addressing the immediate needs of the victim”
  • the Title IX coordinator must meet within 72 hours with the review committee, which includes representatives of law enforcement and student affairs
  • if the allegations involve felony sexual assault the law enforcement representative must consult with a local prosecutor within 24 hours (however, personally identifiable information about persons involved will not be disclosed unless it is necessary to protect the victim or others)
  • schools must have a memorandum of understanding with a local sexual assault crisis center or other victim support service to connect victim with those services

Additionally, SB 1193 enacted on April 30, 2015, requires schools to include a “prominent notation” on the academic record of anyone who is suspended or dismissed for a sexual violence offense, or withdraws while under investigation. However, the notation will be removed if the student completes the disciplinary action and is thereafter deemed a student in good standing.

Washington
Effective July 24, 2015, Washington’s SB 5518 requires:

  • all institutions of higher education to establish one disciplinary process for sexual violence complaints
  • four-year institutions to conduct campus climate surveys to assess the prevalence of campus sexual assault, evaluate student and employee attitudes and awareness of campus sexual violence issues, and make recommendations for addressing and preventing sexual violence on and off campus
  • report survey results to the legislature by December 31, 2016
  • report on steps taken to enter into memoranda of understanding with local law enforcement by July 1, 2016

The Washington Student Achievement Council will also work with schools to develop rules and guidelines to eliminate gender discrimination, including sexual harassment, against students.

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Weekly Roundup
Posted by On Friday, June 12, 2015

A new survey emphasizes the importance of interactive training, an in-depth examination of Title IX as it applies to intimate partner violence, and a look at the human toll of lengthy OCR investigations.

New Study Illustrates the Need for Interactive Training

It’s well-known that anti-sexual violence training is not just required by law but a crucial aspect of campus prevention efforts. However, it’s important to keep in mind that not all training is equally effective. A new study from the University of New Hampshire’s Prevention Innovations Research Center demonstrates that students asked to interact during prevention training—in this case by taking part in a 20-minute conversation about the material they had just covered—were more likely to retain and process information about the school’s resources and policies. Another group of students was read the policies but did not discuss them afterwards, a third group was told they could watch an optional video in which the policies were read aloud, and a fourth group, used as a control, received no education. Students who were read the policies aloud but did not discuss them later showed improved learning, though not as good as that shown by students whose training included an interactive element. Over 70% of students provided with optional video opted not to watch it, and showed no greater improvement than the control group that received no training.

Domestic Violence, Colleges, and Title IX

As we’ve discussed in this space in the past, many activists and experts expect (and hope) that the enormous amount of attention currently directed at sexual assault on campus, and school’s obligation to address it under Title IX, will soon expand to include an equally pressing issue—intimate partner violence at colleges and universities. This article from BuzzFeed delves into the issue more deeply, pointing out that college-aged women are more likely than any other age group to experience intimate partner violence, talking to young women whose educations were disrupted, diminished, and in some cases ended by the trauma they experienced as victim/survivors of domestic violence, examining the legal reasoning behind a school’s Title IX obligation to address intimate partner violence, and taking a look at what schools could do to improve their support for students who have experienced violence at the hands of an intimate partner.

Long OCR Investigations Take a Toll on Complainants

Another story we’ve been following is the increasing length of OCR investigations. This piece from US News puts a human face on the many problems associated with an investigation that takes years to complete, profiling complainants whose cases triggered investigations that may have brought sweeping change to their school’s policies—but only long after they themselves had graduated. As Wendy Murphy, an advocate, attorney, and adjunct professor of sexual violence law, says in the article, “You can’t fix someone’s hostile education environment if they’ve graduated by the time you announce there was a problem.” The article also delves into the reasons for the lengthy investigations, which include skyrocketing rates of complaints, a badly understaffed OCR, and a new (widely heralded) approach to investigations, which takes the most macroscopic look at a school’s culture as opposed to focusing narrowly on the case in question.

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Weekly Roundup
Posted by On Friday, May 22, 2015

A new study reveals a sexual assault epidemic at one school in New York, Huffington Post publishes a list of schools under Title IX investigation for sexual harassment, and U.S. News looks at what’s working and what still needs to be done in the fight against campus sexual assault.

New Study Published on the Prevalence of Sexual Assault

We’ve written extensively about the debate over the prevalence of sexual assault on college campuses, and the need for more data about the rate at which college students are victimized by sexual violence. Now, a new study published by the Journal of Adolescent Health suggests there is at least one upstate New York university where over 18% of women will become victims of rape or attempted rape by the end of their freshman year. Rape was defined as “vaginal, oral, or anal penetration using threats of violence or use of physical force, or using the tactic of victim incapacitation.” 15% of the women surveyed were victims of completed or attempted rape while they were incapacitated, and a further 9% were victims of completed or attempted rape by force. While the survey’s small sample size means that it will not be putting the debate over the nation-wide prevalence of sexual assault to rest, it serves as further evidence of the desperate need to address college campus rapes.

Schools under Title IX Investigation for Sexual Harassment Cases

The Department of Education’s OCR has been disclosing the names of schools under Title IX investigation for failing to properly adjudicate sexual assault cases for some time. What they haven’t done, until now, is release the names of schools under Title IX investigation for mishandling sexual harassment cases. Now, thanks to a Freedom of Information Act request submitted by the Huffington Post, that list of schools is available—click the link above to see it on their website. The Huffington Post makes a strong argument for the relevance of this information to current and prospective students of the listed institutions, pointing out that besides the impact harassment itself has on a student’s well-being and learning environment, such behavior is “inextricably linked” to sexual assault.

Sexual Assault: What’s Working, What Work Still needs to be Done

This piece from US News and World Report takes a look back at some of the efforts to combat sexual assault we’ve seen over the past few years. While the article highlights impressive gains, especially in the arena of increased awareness, it also points out that there is much work that still needs to be done. The piece calls for ongoing training programs that make an actual effort to change campus culture, as opposed to brief sessions intended only to fulfill a legal requirement, and for colleges “to take a more comprehensive approach to addressing sexual assault, rather than a piece-by-piece approach.”

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Weekly Roundup
Posted by On Friday, May 1, 2015

Why prevention efforts need to start as early as high school, the University of California’s response to the California State Auditor’s review and OCR investigations, and Bud Light retracts an ill-considered slogan.

Sexual Violence Starts in High School—Prevention Must Too

According to the Rape, Abuse & Incest National Network, 44% of sexual assaults are committed when the victim is not yet 18. This piece in the Huffington Post by writer and activist Soraya Chemaly makes an important point: Clearly sexual assault does not begin in college. Prevention efforts shouldn’t either. Chemaly goes on to outline other alarming statistics about the young ages of both victim/survivors and perpetrators and points to a number of horrific rape cases involving high school-aged victims and perpetrators to make her case that high schools can and must do more to address sexual violence. She also outlines some of the obstacles to that seemingly obvious step, including the lack of available resources and discomfort of having a conversation about these difficult topics with teenagers. Nevertheless, Chemaly stresses beginning prevention as early as possible is crucial not only to protect American high schoolers but also to provide them with the tools they need to protect themselves when they leave home for college.

How the UC System is Starting to Address It’s Sexual Violence Problem

This piece from USA Today follows up on the University of California in the midst of OCR investigations of several of the state’s largest campuses, including UCLA and UC Berkeley, and nearly a year after the California State Auditor released their report on the UC system’s sexual assault practices. The article covers the background of the report and investigations, focusing on the efforts of student activists in filing a Clery Act complaint and Title IX claims against UC Berkeley. It also reports on what the UC system has done to address the inadequacies which led to the investigations and were covered by the CSA report. These changes include mandatory sexual violence prevention training, the hiring of confidential survivor advocates, and a survivor resource specialist. However, university officials and activists alike stress how much more work remains if the UC system is to do all it can to prevent sexual violence and support its victim/survivors.

Bud Light Corrects a Thoughtless Slogan

According to a poorly thought-out slogan featured on new packaging, Bud Light is “the perfect beer for removing ‘no’ from your vocabulary for the night.” It didn’t take long for Reddit and Twitter users to point out what apparently slipped past everyone at Anheuser-Busch: The ugly way that particular slogan recalls the connection between intoxication and sexual assault, and especially the way alcohol can and is used as a weapon by perpetrators against their victims. To the company’s credit, an apology was issued swiftly and the offending slogan won’t be printed again. Still, the whole episode is an important reminder of the need to consider language and how it affects culture and behavior.

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