Two months ago I wrote about sexual assaults on college campuses. I provided some startling statistics such as 1 in 4 women (25%) will be victim of a sexual assault on college campuses during their academic career. This is totally unacceptable.
This week, California Governor Jerry Brown signed legislation explicitly requiring colleges and universities that receive state funds to more clearly define consent in students’ sexual encounters. The new law ushered in the concept of “yes means yes” rather than “no means no,” which has been the norm. What this means is that students must now seek affirmative consent from their partners before a sexual encounter and maintain the affirmative consent during the activity. The law states that consent can be revoked at any time and the absence of “no” is insufficient to give permission to have sex.
One of the important provisions of the California law is that it requires colleges and universities to create comprehensive training and outreach programs for everyone on campus. California’s colleges and universities are responding quickly. The University of California System has developed an on-line training and information module and requires all students to complete the module before they can register for courses. Furthermore, the University of California and the California State University systems have already changed and adopted policies that are consistent with the new law.
One of the key criticisms college administrators face is that their policies against sexual assaults do not clearly define consent. Federal and state legislators and victims’ rights activists have been applying increasing pressure on colleges and universities to strengthen their sexual assault policies. At the core of the criticism is how consent is defined or in some cases not clearly defined.
The crucial part of “yes means yes” is that it shifts the burden of proof from the victim of a sexual assault to the assaulter. Instead of the victim having to prove that she said “no” to sexual activity, the accuser has to prove that the victim clearly consented to the sexual activity. Too often our judicial system puts the blame on the victim rather than on the perpetrator. You often hear comments like, “No wonder she was raped, look at how she was dressed.” We all understand that one of the basic rights in our legal system is that you are innocent until proven guilty. However, in cases of sexual assault, it is time we require the perpetrator to prove that affirmative consent was given to engage in a sexual activity. We need to stop blaming the victim.
In 2009, the U.S. Department of Education, Office of Civil Rights, began tracking sexual assaults complaints on college campuses. Since then, the number of complaints has tripled from 11 to 33. And 33 complaints are just through the first half of 2014. What is more disconcerting, according to the Office of Civil Rights, is that about three quarters of the sexual assault complaints were dismissed or administratively closed. The Office of Civil Rights categorizes sexual assaults as Title IX complaints. Sexual assaults now represent nearly 30% of all Title IX complaints. This dramatic raise is what has legislators and the public alarmed. One sexual assault on campus is too many, but 33 are utterly deplorable.
A few colleges have already implemented affirmative consent as part of their sexual assault policies. One such school is Grinnell College. Grinnell’s policy states that “consent to engage in sexual activity must exist from the beginning to the end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or clear, unambiguous actions that indicate a willingness to engage freely in sexual activity. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity." Grinnell’s policy is clearly stated and sets the bar high. All colleges and universities should emulate Grinnell’s policy on sexual assaults, so that consent is clearly defined.
Congratulations to Grinnell College and the other schools who have taken a proactive approach to clearly define consent. More governors and state legislators should follow the example that California Governor Jerry Brown has established and send the strong message that sexual assaults will not be tolerated on college campuses. College and university administrators should more clearly define their sexual assault policies to include affirmative consent. This would go a long way to ensuring that our daughters and sons are safe on college campuses.
Showing posts with label sexual predators. Show all posts
Showing posts with label sexual predators. Show all posts
Thursday, October 9, 2014
Monday, August 4, 2014
Sexual Predators on College Campuses
Prominent in the news today in the nation and especially in higher education is the problem of sexual assaults on college campuses. The issue has become so big that it is now considered a crisis. Just pick up any newspaper or weekly periodical to confirm that sexual assaults are now a major national problem across colleges and universities. For example, the cover of Time Magazine May 26, 2014 issue reads “Crisis: Sexual Assaults in Higher Education.”
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:
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.
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.
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