By Becky Palmer, MS, & Jenny Coleman, MA, LMHC.
The
United States Department of Education (DoE) withdrew statements of policy and
guidance for colleges and universities on Sexual Violence in September 2017. The
DoE also issued new guidelines that substantially changes the interpretation
provided under the previous administration.
These new guidelines will be available for comment in the near future. Title IX’s intent is to help keep all students safe by allowing
them to live without fear of violence—by charging colleges and universities
with providing prompt and equitable responses to sexual harassment, sexual
abuse, and sexual violence. While indeed a tall order, the use of Title IX has
been remarkable as a pioneer effort to combine what we know about the impacts
of violence and trauma with the ability to pursue certain rights, such as
education—understanding that no one really can work or study when they are
afraid or hurt. Although Title IX initially gained popularity in 1972 through
its use to address gender-based discrimination in sports, it has provided a critical
foundation to address other barriers based on gender that interfere with one’s
equal opportunities and rights.
In 2011,
the Dear Colleague Letter (https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf)
was issued across campuses, calling for adherence and timely responsiveness to
Title IX’s policies. . We’re not sure
why it became important to rescind this letter’s directives for quick and
equitable responses.
The
Campus Advocacy & Prevention Professionals Association (CAPPA) wrote in
their CAPPA Position Statement on Title IX Implementation for Campus Sexual
Assault:
“Prevention
professionals have at their fingertips solid evidence-informed strategies for educating
students in this realm. These are focused on what decades of scholarship tell us
about what factors are associated with harming others, especially in late
adolescents and young adults, who comprise the majority of our students. These
include both individual-level risk factors like a preference for impersonal sex
and hostile masculinity, as well as community-level risk factors like general
tolerance for sexual violence and weak community sanctions for sexual violence.
It is our responsibility as student affairs and allied professionals to address
the full range of risk factors in order to enable our students to live safely
and thrive, not just on our campuses but in their family systems and
post-education lives.”
As
members of the Association for the Treatment of Sexual Abusers (ATSA)’s
Prevention Committee we know through experience
that we can make a difference when there is accessible, and
knowledgeable support and treatment – especially when problematic behaviors are
identified early. We can offer help to young adults struggling with their own
sexual behaviors, personal boundaries, and troubling concerns; and campuses can become
more safe for all students. Training is a crucial element of providing equitable
responses. We understand that it is unfair
and ineffective for college administration to be held accountable to create a
safe environment without being given the training, preparation, and tools to
know what to look for in high risk situations, how to assess risk in reports of
misconduct or assault, or how to even engage its population in responsible
bystander interventions and self-care behaviors. The answer isn’t to diminish
the call to action of Title IX but rather to build its capacity to actually
create sustainable change and reduce sexual violence and its harm on everyone impacted.
We can do better; Secretary
DeVos is right – talking about sexual assault is a difficult and uncomfortable
conversation, yet one that we are morally responsible to have and to get right.
It is imperative to have conversations that illuminate our understanding of
what it will take to create safe environments for all students. As a society at
large, and as institutions of higher learning responsible for the safety of an
estimated 20 million enrolled students, we have an ethical obligation to do
better than eliminate the very processes that hold us accountable for the
safety and well-being of anyone seeking an education.
We can do better; as Title IX
provides a map for strengthening campus’s ability to practice and support safe
and healthy boundaries and behaviors. Rather than disregarding or even
eliminating Title IX’s responsibilities to provide responsible, honorable and
protective responses to any concern of sexual harm, officials and campus
leadership need to collectively guide the creation and maintenance of learning environments that promote respect,
empathy, understanding and above all – safety.
We can do better;
through ensuring that officials conducting investigations and hearing
processes are provided annual and ongoing training on evidence informed
understanding of what may contribute to sexual abuse, dating violence, domestic
violence, sexual harassment, sexual assault and stalking. All
students do deserve a fair and impartial process. It is important to ensure that practices
pertaining to investigations and hearings are fair. We need to respond with balance, without labeling
individuals as sexual predators or "monsterizing" anyone accused of
sexual misconduct in ways that they can't recover from. We need to develop resources
that allow both the accuser and the accused to continue their education while
the investigation continues and ensures that punishments are not
administered before a finding has been achieved. Schools are already required
to do this through Title IX guidance and the Clery Act. The Clery Act requires
that “proceedings must afford a “prompt, fair, and impartial process from the
initial investigation to the final result” – with trained and non-biased
officials. http://www.huffingtonpost.com/entry/the-federal-jeanne-clery-act-already-addresses-many_us_59bb128ce4b06b71800c37f7
https://www2.ed.gov/admins/lead/safety/handbook.pdf
We can do better; we must use what we know about college
campus life to institute proactive and protective measures, resources and
responses. We know that the college campus culture is one that may lend itself
to acts of heightened impulsivity and more risk taking behaviors. The youth and
young adults on these campuses are still experiencing intellectual, emotional and
physical development changes that may
contribute to other (environmental, social and personal) risks that may lead to
sexually harmful behaviors.
In campus
culture, there are risks of many forms of sexual misconduct, and if schools use
the opportunity to intervene earlier, then everyone will benefit. Colleges and
universities have the opportunity to intervene in all forms and all levels of
sexual misconduct with responses that are individualized yet hold to standards
of safety, well-being and equality. By taking early advantage of these
opportunities, we can set a different social norm that does not wait until a
sexual assault or rape is reported. In fact, schools are responsible for
understanding and addressing this, and do all they can do to "eliminate the hostile environment,
prevent its recurrence, and, as appropriate, remedy its effects”, as stated in
Title IX. Prevention must be part of a school’s obligation. (Citation: https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf) .
We can do better; for courageous survivors of sexual assault
seeking responses that are not only validating and respectful, but also address
security needs. Sexual assault remains vastly under-reported we need to
understand that there are many victims of sexual assaults both on and off our
college campuses, deserving of justice and respect.
We can do better; by recognizing that medical and mental
health services for students are critical for safety planning. Treatment and
recovery supports for victims will only help strengthen a campus community, and
for any youth or adult recognizing their own risk of harm to others and who
bravely seeks out help, providing skilled resources is part of any
comprehensive prevention plan. Treatment
services and resources for individuals with sexual behavior problems can help
individuals move forward with their lives and allow them to interact as
productive members of society. http://www.atsa.com/sexual-offense-specific-treatment.
We can do better; by having productive conversations that
are informed by research, best practices and experience. Listening to every
person affected by violence informs all of us of both compassionate and
restorative steps to pursue, not only focusing on retribution. We know restorative justice brings about
healing and change unlike retributive justice which brings only punishment. http://www.cscsb.org/restorative_justice/retribution_vs_restoration.html
We can do better; we know this is not the time to scale back
Title IX requirements. Rather it is time to fully embrace and embed a
commitment to improve our practices and dedicate our resources and knowledge to
improving the safety, liberty, and well-being of everyone across all
environments, including institutions for high learning.
We can do better!
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