Institutions of higher learning across the county must take an intentional and proactive approach in preventing and responding to reports of sexual assault made on campus.
Universities across the country are still uncomfortably & awkwardly handling cases of sexual assault on campus. In the most recent story that has garnered national attention, The University of North Carolina is being investigated by the Federal Government on charges that they mishandled the reporting of several sexual assaults. According to a recent article in Diverse Issues In Higher Education,
The U.S. Department of Education will investigate a complaint filed by five women about how the University of North Carolina at Chapel Hill handles sexual assault cases, according to a letter released by the women Wednesday.
The department’s Office for Civil Rights said in a March 1 letter that it has opened an investigation because it’s determined that the office has jurisdiction and the complaint was filed in a timely manner. The letter advises that the investigation is not an indication that the OCR has determined the complaint has merit.
The letter said the complaint alleges four violations by the university, including that it didn’t respond appropriately to concerns about sexual assault and didn’t provide impartial investigations of sexual assault.
The complaint was brought by three students, a former student and a former assistant dean of students, all women, in January.
In short, institutions of higher learning across the county must take an intentional and proactive approach in preventing and responding to reports of sexual assault made on campus. Too often, in an effort to protect the school brand, administrators sweep reports under the rug and handle them with a steel code of silence. Understanding that universities must protect the rights of the victims, the perception can often be that universities are also protecting the offender. As a former Associate Dean of Students at a small, private liberal arts college, no situation is ever as cut and dry as it may appear—however, because of bureaucratic and political pressures from university and community stakeholders; including parents, university and local police, coaches, and other universities administrators, victims of sexual assault oftentimes wait weeks or months to see a culminating response from the university.
This must stop!
While every situation is different, universities must streamline their response to victims of sexual assault and respond swiftly and confidently to both victim and victimizer, and the impacted community of campus residents. No longer can campus educators protect the victimizer and take their time responding to the victim. Campuses are full aware of the culture of violence against women—especially from various popular pockets of the campus community. It’s time to practice student, staff, and community accountability.
Photo: yawper/Flickr
About Mike Andrews
The devil is in the details, and imprecision in language may obscure some real-life issues.
So, let’s be very clear and precise about what we are talking about, because in legal, institutional terms what we are talking about is how colleges and universities respond to “reports of sexual assault” not simply “sexual assault.” “Reports of sexual assault” is not exactly the same thing as “cases of sexual assault,” and that is no insignificant distinction. It’s muddying the waters to use those phrases interchangeably. What an institution has to investigate is reports or allegations of sexual assault.
Sometimes what gets in the way of quick and simple solutions is the presumption of innocence. A school has to operate in the space between taking every accusation extremely seriously and treating all members of the community as innocent until proven guilty through due process.
Also, sexual assault on campus is not the same thing as sexual assaults by students or sexual assaults on students. Not everyone assaulted on campus is part of the campus community, and the campus community may be victims of assault off-campus. If one student assaults another off campus in a private residence or at a business establishment, is it something the college has jurisdiction over?
P.S. This also applied to “victim” and “victimizer.” More precisely and objectively, one would say alleged victim and alleged victimizer. “Streamlining” the process has a very ominous ring to it.
In the wake of the Dear Colleague letter from Russlyn Ali (was DoE head of OCR until late 2012), a number of colleges and universities have reduced the standard in such hearings to balance of probabilities (50.01% more probable = guilty); the previous widely adopted standard was clear and convincing evidence – between reasonable doubt and balance of prob. The defense for this change is that university adjudication processes are supposedly civil, and not criminal.
Yale for instance, adopted this standard in the wake of a controversy on its campus, and under pressure from the DoE about reducing funding to any institution that failed to adopt the proposal. Curiously, some are against this change, ranging from Brent Sokolow (!!), the American Association of University Professors (AAUW), and FIRE.
Of greater interest, has been the status of university process in these quasi-judicial bodies hearing such cases. The lack of due process protections that are available in any court are notably absent in these procedures. There are typically restrictions on having counsel present, there are restrictions on cross-examination, there are restrictions on evidence validation, there are restrictions on transcripts. Amongst the changes are the right of automatic appeal for the alleged victims.
Sometimes these bodies are poorly trained, and in some cases, there is a single investigatory person, who acts at the university’s behest, to serve as fact-finder. KC Johnson, an historian who blogged the Duke case, has a number of commentary posts on the procedures of some of these panels and boards. They are less than complimentary.
Mike, your point about “effort to protect the school brand, administrators sweep reports under the rug and handle them with a steel code of silence” was particularly stark at Duke, when Broadhead (President) and Steele (Chair of Trustees), acted primarily to protect the university.
This however, “take an intentional and proactive approach in PREVENTING and responding to reports of sexual assault made on campus” (caps mine) also leaves me with some concern. What steps that are not already widely deployed, do you see as being helpful in this prevention effort? Are there not already education programs that are mandatory for frosh? Are there not campaigns against drinking? Last I was at my alma mater, there were big posters over every urinal that I was holding a rape instrument.
I share WOT’s concern about streamlining as well. What other steps can be taken out of the existing system to accelerate such matters, and what might their implications be?
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I wonder if the accelerating trend toward on-line delivery of some university material might reduce the problem as well. Many math, science, and IT courses can be delivered in that fashion, and since a lot of those students are male, perhaps we can use those technologies. Perhaps universities should be more women on campus, men not on campus. Granted there are still some men in humanities and arts programs, so it would not be a complete panacea.
Perhaps more women only colleges would be an answer. Perhaps there needs to be cameras in all residences, or women might be given panic buttons that are activated in residence security offices?
Tough problem, to be sure. Certainly I want my daughter to be safe on campus. On the other hand, I have advised my sons to stay off campus.
On the other hand, there is evidence that accusations of rape are not taken seriously. Do you honestly believe, for example, that a high-school girl or coed who has been gang-raped by members of the local high-school or university’s football team will be treated fairly by all the football fans? Most rapes aren’t even reported. I can understand why. Instances of such scandals involving athletes have often been covered up. Witness the Steubenville scandal. What do you think is going on there? How is the alleged victim being treated by many of the adult football fans in that community? I suggest you read Our Guys by Bernard Lefkowitz, which is about the Glen Ridge rape. There’s no denying the reality that some communities have a rape culture.
Bill, there is absolutely NO denying that institutional power holders in a wide number of ‘communities’, are corrupt.
However, I understand THIS article to be focused on a discussion of sexual assault practices and process in a university setting. The focus is not on high schools (Steubenville and Glen Ridge), and does not in any way raise the prosecution of such reports and allegations in a criminal law setting. Rather, this is about administrative law. While a number of larger universities DO operate police forces under specific agreement with their respective states (Duke for instance), universities are precluded from operating courts as such. Accordingly, their remedy powers are constrained.
Mike is discussing what, within those constraints, universities and colleges out to do to combat sexual assault.
I get that you seem to have antipathy for football players and their fans. May I point out to you that Anonymous has also said outright that the large majority of the football team in Steubenville were neither involved, nor witnesses, nor accomplices – in fact they make a point of saying that those players were decent hardworking students.
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So Bill, do you have any recommendations as to the things that university institutions should change to address Mike’s concerns? And what weight if any should such changes give to due process. Should for instance, the presumption of innocence be given any weight? Should the accused be able to be privy to the evidence tendered in support of the allegation? Privy to witnesses? Or should universities simply turn all such allegations over to the criminal authorities for investigation and charging? What if the student who has been allegedly assaulted does not want that action taken – should they have that right of control? Or should we simply have any alleged assaulter removed from campus, and their academic record expunged? That might well be feasible, after all, since universities have repeatedly repudiated any notion of having a contract with their students that is represented by their student handbook, or any particular set of policies.
Rezam, I hate to say this; but I regret to say I won’t be able to answer all of your questions. If I did, my post would be way too long. I’ll try to keep this post brief, but it still won’t be short.
I get the impression that for many years colleges and universities have treated rape victims quite shabbily. They fear the accusations of rape will tarnish the image of their cherished institution. Rape victims aren’t treated very well in this society in which rape is often viewed as a joke or the fault of the victim; and that includes men who have been raped by other men.
There is a fairly recent topic entitled “When Football Championships are Bought with Silence.” The quotation below is quite relevant to this discussion.
Hero worship of (and the financial boon created by) sports programs such as Division I
football creates an environment where abuse and trauma are tolerated and excused. To be
clear, neither football, nor sports itself, are responsible for alarmingly high rates of sexual
and interpersonal violence in our society. However, it is undeniable that young men and
women are abused by members of major university football programs at some universities.
Oftentimes these survivors are shunned, re-victimized, and ignored by administrators and
fellow students who are far more concerned about preserving the “integrity” of a sports
program than they are about ensuring the victim of a crime gets the support they need.
Exactly the same dynamic, sadly, as occurred at Penn State for decades, thus enabling
Jerry Sandusky’s horrific crimes.
This statement speaks for itself. You can always look up that topic and post your objection to the OP’s writer, if you so choose.
Yes, I will admit that even though I’m a committed gym rat, I have no love for the culture of school sports. Boys who have no interest in sports are bound to be marginalized and are likely to be bulled, thanks to the sports culture.
I have no problem with football players and other athletes who respect the dignity of those who happen to be different from them. In fact, I deeply appreciate them. I only have a problem with those who are bullies or thugs. I refuse to put those individuals on a pedestal. I have no problem with coaches and fans who expect individual players to be held accountable for mistreating others off the playing field. But I view all of the enablers with utter contempt.
So, there’s not a dark side to the sports culture? Let’s take a look at the record of some, if not many, of the Penn State fans. (I’m not criticizing the decent Penn State fans.) The rioters were upset not because the pedophile coach had raped young boys, but because their idol “JoPa” had just been fired. The sister of one of the victims was enrolled at Penn State. She didn’t want to tell anyone that one of the accusers was her brother. She listened as classmates turned the surname “Sandusky” into a verb and made cruel jokes. One of the victims was outed at the high school where he was enrolled as a senior. In an online interview, his mother claimed that a grandmother of one of the Penn State football players walked up to her and said, “Now my grandson’s football team is going to lose, and it’s all your son’s fault!” The victim was raped again (psychologically) at the school as Paterno fans among his classmates bullied him for tarnishing the image of “JoPa.” He eventually was forced to drop out of school. Did anyone protest this outrage? Franco Harris possibly could have done some good by making a trip to that school to urge the students to stop bullying the rape victim, but he was more concerned about Paterno’s victim. Many fans of whatever university or high school put the football program above the victims.
What I’ve just related to you are cold, hard facts. So, sports build character; and the sports culture doesn’t have a dark side? Oh, boy!
As far as Steubenville is concerned, what appears happened is that a number of the high-school students were actually aware that something terrible was taking place, but they did nothing. The 16-year-old girl is now going through hell. I expect she has received death threats. The Steubenville football coaches and many of the fans have slammed her, saying she’s a slut (which is always SOP in scandals of this kind). Do any of the other members of the football team have any sympathy for this girl?
You seem to be more disturbed by my comments than you are by the apparent brutality in Steubenville. That’s strange, but not surprising in a society in which school sport has been a sacred cow for generations.
(By the way, I’m not a “progressive”; so, you need not go that route.)
I made a boo-boo.
Eighth paragraph, the next to the last line, the phrase “about Paterno’s victim”: Obviously, I meant “image.” Sorry.
Bill, it seems we are in agreement then. You say that you do not have a problem with football players.
“I have no problem with football players and other athletes who respect the dignity of those who happen to be different from them. In fact, I deeply appreciate them. I only have a problem with those who are bullies or thugs.”
Same here – which is why I pointed out that your universal generalization about ‘football players’ and their fans was not supported, not even by Anonymous.
My objection was NOT to your factual points about high school football and so on, it is that has VERY LITTLE to do with the issues that Mike has raised. At this point, the focus of Mike’s statements was NOT on sports or football. It was on what universities as institutions should and could do to address the perceived issue of sexual assault on campus, and within their culture.
And this stuff ….?
“So, there’s not a dark side to the sports culture?”
“What I’ve just related to you are cold, hard facts. So, sports build character; and the sports culture doesn’t have a dark side? Oh, boy!”
“You seem to be more disturbed by my comments than you are by the apparent brutality in Steubenville.”
Perhaps, after you have learned to read for content, you can also stop putting words in my mouth. I made no comments about the presence or absence of a dark side to sports.
Here is the complete text that can possibly be construed as responding to your issue of football teams.
“Bill, there is absolutely NO denying that institutional power holders in a wide number of ‘communities’, are corrupt.” and …
“I get that you seem to have antipathy for football players and their fans. May I point out to you that Anonymous has also said outright that the large majority of the football team in Steubenville were neither involved, nor witnesses, nor accomplices – in fact they make a point of saying that those players were decent hardworking students.”
It is apparent that you are talking to someone, it just isn’t me.
Excuse me, but you put words in my mouth. Then you acknowledged what I was trying to say.
I know this has nothing to do with this topic; so, I’ll be brief: Speaking of generalizations, what about the generalizations (negative stereotypes, rather) that are often made of boys who have no interest in sports; namely, that they’re inferior “feminized” males who deserve to be viewed with contempt? Sports are used to define masculinity; so, the nonathletic are penalized as supposedly being “wimps,” despite their own strengths.
Actually, what I referenced is relevant to the topic. I don’t know if you checked out the other GMP topic I referenced, but there undeniably have been instances when universities such as Notre Dame have staged cover-ups to protect football players who have committed rape or other crimes. Before you start putting words in my mouth, what I’m referring to are the relative few of high-school and college football players who commit rape or other assaults upon another human being. They usually get away with it. There is no accountability. They call it “jock privilege.”
I won’t be posting in this topic again; so, you can have the last word and savage me at will. But I won’t be reading it either because discussions such as this are futile. No hearts are changed. Nothing good comes out of it. It’s just people (such as you and me) spouting our opinions.
That is interesting what you say about “culture of violence” on campuses…
Even at my Seven Sister school, there was a huge lawsuit brought by my old science teacher against the chairman of the department about sexual discrimination….without going into too many particulars, by her account she had put in many stellar years of teaching, big research grants, and published significant work, and felt she should have received tenure…which she was denied….
I was too busy applying to grad school to really notice the hullabaloo at the time…but it did affect me profoundly….the same dept. chairman that she accused of discrimination and unfair treatment was my pre-professional advisor…on the day we met to go over my application and recommendation letter, he sat really close to me and touched my bare shin (I was wearing tennis shorts)….I never reported it until about a year ago to the college counseling office…I received an apology (he is long deceased)….but I always wonder what would have happened if I had reported it then back in late 80s…they probably would have buried it since they were already tangled up in expensive litigation with my old professor….
When efforts at prevention focus exclusively or nearly so on women as victims/men as perpetrators, I think only part of the problem is being addressed. Sadly, I suspect this is not a concern for people “concerned” with the way colleges handle such problems. They seem to be more concerned with preventing the establishment of men’s centers where men might feel empowered to report.
John, It would seem that there are a number of clusters of people concerned with the issue. Sometimes their interests do not align very well.
For example, parents want to satisfy themselves that the campus in question is safe for their daughters, cause they’ve heard stories ….
Some of the ideological people on campus are concerned that alleged victims are not treated under a standard that assumes the allegation is true. This stance, however appropriate for a therapeutic relationship, is not as a matter of fact finding automatically respected the way they would like. Such people assume the accusers version is the truth, and therefore the process ought to be a matter of healing and restorative justice for them.
The school administration is first concerned with their reputation (see parents), secondly concerned about compliance with the DoE since it is a strong source of funding, and lastly interested in marketing. In the last of these, since women represent some 60% of the tuition revenue across the board, and more in many liberal arts colleges, they wish to be seen as protecting their interests above all.
The DoE, and parrticularly the Office of Civil Rights under Ali, are in part driven by ideology, in part by genuine concern for victims, and certainly in part driven by politics. The lobby in respect of these matters can be very powerful.
As matters stand at the moment, I see no particularly powerful group concerned about the potential for imbalance here. AAUP has done so, but more as a matter of protecting the rights of male (and female I suppose) faculty. FIRE has done so, but not as strongly as one might wish, since a lot of their firepower is concentrated on free speech and intellectual freedom issues.
I suspect the trend towards further breaches of due process will continue, until such time as the courts are repeatedly asked to get involved, most likely as a civil matter over breach of contract issues in failing to provide due process. This will most likely have to come from minority students, since males are not a protected class under civil rights law, nor are whites particularly. If I were to estimate a timeline, I would suggest perhaps 15 to 20 years before the participation rates of males in university drop to a point where it is taken seriously, and such civil cases wend their way through the system. It is now some 7 years since the Duke lacrosse case, and last I checked the civil cases against Duke are not yet heard.
If there is a one in four chance of rape at a college campus what kind of parent would send their daughter to one? Is a good education worth THAT price of admission?
Hell, if there’s a 1 in 4 chance of getting raped anywhere, I think it’s safe to say women should just stay indoors and sleep with a gat under their pillow and a bowing knife in….
Pursuit Ace – I have to tell you that I REALLY resent it when someone tries to introduce reality into the discussion . . . (sarc)
I know of NO parent that would send their daughter to such a campus. Not ONE. So, either, the parents are completely ignorant, OR they don’t believe the stat. I know which one I am inclined to believe is the case.
Having said that, I would still like to see the numbers reduced, I am just not sure what anyone is prepared to do about it, and what the unintended consequences will be.
Read it and weep.
http://www.huffingtonpost.com/annie-e-clark/rape-is-like-a-football-g_b_2769576.html