The Fight to Protect Students from Sexual Assault

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By Amber Reumont
It is no secret that American colleges and universities have much work to do to ensure the safety of their female students. According to White House research, one in five women experience sexual assault on their college campus, and a vast majority of those women do not report the attack. Assault goes unreported for a variety of reasons; many young women fear that peers who choose to defend the attacker will ostracize them. Others fear that their complaints will hinder their ability to carry on with their studies, unobstructed. Still, others do not trust that the judicial system will treat them with respect. Many schools prioritize their reputations over their students’ right to feel safe and valued. Accordingly, President Obama has implemented the White House Task Force to Protect Students from Sexual Assault to hold such schools accountable for their inadequate handling of sexual assault cases.

The White House task force constructed a plan aimed at raising the expectations for a school’s response method by providing the victim with a confidant with whom they will feel comfortable, implementing or strengthening disciplinary strategies for students who commit such crimes, and educating school administrations about how to treat victims with care and respect. The goal of this task force is to create an environment on campus in which students feel comfortable sharing their experiences, an environment that treats the victim with dignity rather than subjecting her (or him) to intrusive questions. Encouraging a trusting relationship between students and administration will create a safe environment in which all students can flourish. One particularly compelling facet of the task force is its goal to hold men accountable for intervening when possible. Lastly, the White House task force has created NotAlone.gov, an online resource for students and schools.

Not Alone is a useful resource for students who feel their school administration failed to take sufficient action or has mistreated them in some way. It also provides schools with information and tools they may need. In particular, students can use it to locate rape crisis centers in their area if they do not feel comfortable approaching school administration. Safe havens such as these help victims to find their voice, and they provide support to the victim at a time when they feel isolated. Another goal of Not Alone is to enforce transparency regarding complaints made against schools, such as investigations into violations of Title IX. Title IX states, “all [people] have the right to pursue education… free from sex discrimination, including sexual violence and harassment.” Therefore, “A school has a responsibility to respond promptly and effectively to reports of sexual violence.” Schools that fail in their obligation to provide a safe environment for their students are subject to federal investigation if a complaint has been filed. As of May 2014, 55 schools are under investigation for their failure to comply with Title IX. Of those 55 schools, one is in the state of Maryland, Frostburg State University.

Although it is not officially under investigation, a complaint has also been filed against Johns Hopkins University. The school failed to inform students of an investigation into an alleged gang rape that occurred at Pi Kappa Alpha’s fraternity house, which students proclaim is in violation of the Clery Act. The complaint filed accuses school administration of endangering students for its decision not to inform them of an important safety issue, as The Huffington Post states, “students continued attending parties at the fraternity.” The school left students in the dark, risking their safety to preserve the institution’s reputation. Further proving their disinterest in student safety, the complaint states that school administration intimidated sexual assault victims and discouraged them from taking their case to the police. In a fit of grim irony, Johns Hopkins University School of Nursing was one of three schools chosen by the White House task force to conduct research into risk factors and prevention strategies for campus sexual assault, focusing particularly on relationship violence.

The University System of Maryland is currently drafting a new sexual assault policy in response to the White House task force and its recommendations. Thus far, the most drastic change proposed is the policy’s revision of the definition of consent. The proposed definition states that consent, “must be given by a person with the ability and capacity to exercise free will and make a rational and reasonable judgment,” thereby accounting for the impact alcohol and drugs have on a person’s ability to give informed consent. It also asserts, “Consent cannot be implied based upon the mere fact of a previous consensual dating or sexual relationship. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another” This particular addition accounts for the frequency of rape perpetrated by a victim’s acquaintance or friend.

Though the recommendations laid out by the task force and the information provided by Not Alone act as a crucial step forward, there is still a mountain of work to be done, as Know Your IX, a group dedicated to empowering victims of campus sexual assault, explains that schools in violation of Title IX should be subject to consequences appropriate to their infractions. Currently, there is only one possible consequence for schools. That is, their federal funding can be denied, and such action would have deep repercussions for many students, particularly those who require financial aid. Instead, different levels of punishment must be implemented, punishment that does not jeopardize a student’s education because of the administration’s failures. Campus sexual assault is an issue that must be tackled, so both women and men can pursue their educations without fear.

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