First, let me be clear, sexual assault and rape is not right. Perpetrators should be convicted to the fullest extent of the law if guilty. We as a society should not tolerate rapists. It is totally unacceptable.
Consider some frightening national statistics compiled by the New York State Coalition Against Sexual Assaults as reported by Sarah Lawrence College:
- 1 in 4 (25%) women will be a victim of a sexual assault on college campuses during their academic career.
- At least 80% of all sexual assaults are committed by an acquaintance of the victim.
- 48.8% of college women who were victims of sexual attacks did not consider what happened to them as rape.
- More than 70% of rape victims knew their attackers, compared to approximately half of all violent crime victims.
- On average, at least 50% of college students’ sexual assaults are associated with alcohol use. In a national study which reported a represented sample of college students, the result found that 74% of perpetrators and 55% of rape victims has been drinking alcohol prior to the assault. In a survey of high school students, 56% of girls and 76% of boys believed that forced sex was acceptable under some circumstances.
The legislation comes just a year after a Senate subcommittee released a survey showing that 41% of a sample of 236 colleges had not conducted investigations of alleged sexual assaults during the last five years even thought some of these colleges had reported sexual violence incidents during the same time period. This is precisely why legislators are upset and are taking action. “Colleges now have no incentive to keep accurate records of sexual assaults” said Sen Kirsten Gillibrand, one of the sponsors of the bill, “we are flipping the incentives” … “Underreporting will have stiff fines and real teeth.”
Last year Congress passed the Campus Sexual Violence Elimination Act. This new law requires public and private institutions of higher education to increase transparency about the scope of sexual violence on campus, to provide more information about standards in college conduct proceedings, and to provide campus- and community-wide prevention education programs. These new polices must be in place by this fall.
The counter reaction by colleges is represented by Terry Hartle, a senior vice president at the American Council on Education, which represents colleges and universities in Washington Hartle called the legislation "a pretty heavy-handed approach." He goes on to say that "Sexual assault cases on college campuses are often incredibly difficult to resolve. I think some of the sponsors believe universities do not want to do the right thing."
Having been a president of a public university, I, for one, took sexual assaults very seriously, making sure the victim(s) received the appropriate services and counseling, the incident(s) were properly investigated, and the alleged perpetrator(s) prosecuted, if the facts in the case warranted. I can assure you that every college and university president in this country takes sexual assaults very seriously and takes the appropriate actions. In almost all cases it is up to the campus police and the district attorney to determine if charges are to be filed and what charges will be filed, based on the facts of a given case.
However, one has to consider that not only does the victim have rights, but also the perpetrator. One of the basic tenets of our legal system and that of colleges’ judicial process is the right to due process. Due process is rooted in the Fifth and Fourteenth Amendments to the U.S. Constitution and states that “No free man shall be seized or imprisoned, or stripped of his rights or possession… except by the lawful judgment of his equals or by the law of the land.” This has been expanded by the U.S. Supreme Court over the years to include the right to a hearing of peers, notice of the charges, right to present evidence and call witnesses, the right to know the opposing evidence, the right to cross-examine opposing evidence and witnesses, the opportunity to be represented by an attorney and other provisions. I can tell you that every university adheres to the principle of due process in sexual assaults and other incidents that occur on campus.
Terry Hartle’s comments initially can be viewed as defensive on the part of those of us in higher education. My own experience as a president it that Terry is correct in stating that sexual assault cases on campus can often be very difficult to resolve. Gathering the facts take time and often the victim is reluctant to talk or provide evidence. On the other hand, the perpetrator often times provides a counter story and evidence suggesting that the sex was consensual rather than forced. Many campuses now have cameras in the hallways of residence halls and always provide irrefutable evidence that a crime was most likely committed. It is clearly important that Presidents of colleges and deans of students do the right thing in sexual assault cases by following the colleges’ policies and procedures, applying due process and, if the evidence suggests, push for prosecution. I believe that every college president in our country does the right thing. if not, I can assure you he or she would not be president for long.
I have a 17 year-old daughter who will start her senior year in high school this fall. Having worked in higher education almost all of my entire career, I know intimately what happens in colleges and universities, especially at parties where alcohol and drug use and abuse leads to many sexual assaults. In a time when there is a 25% chance of female students being sexually assaulted, a sober discussion by administrators needs to be started immediately. I certainly have begun to seriously ponder this question, and will be advocating for more action by college and university presidents in future articles. My daughter will be entering college next year, and I want to know, as a parent, that she will be safe.
