Transcript Taskforce on Sexual Misconduct

Wright State University Team:
Jon Bullock
Jeff Klemm
Michael La Torre
Susan Ross
Taskforce
on Sexual
Misconduct
Taskforce on Sexual Misconduct
“Sexual Assault Reported on University of
Iowa Campus” –KGAN TV, Feb 20, 2014
“Police Looking for Man Involved in Sexual Assault at University of
Utah” –KUTV 2News, February 13, 2014
“Sexual Assault Reported at Yale Fraternity
House” –NBC Connecticut, Feb 19, 2014
“Auburn Police Seeks Information on Reported Sexual Assault at AU
Fraternity” –Opelika Auburn News, February 9, 2014
“Portland State University Student Accused of
Sexually Assaulting 19-year-old Near Campus,
Police Say” –Oregonian, Feb 18, 2014
“Kansas State University Police Warn of Sexual Assault on Campus” –
Kansas First News, February 10, 2014
“Another Sexual Assault Being Investigated at
U of M Campus” –Boise Weekly, Feb 19, 2014
Taskforce on Sexual Misconduct
Overview

Sexual misconduct defined

Consent

Relevant mandates

Advocacy for campus survivors of sexual misconduct

Collaborative coalition of professionals

Ensuring sound policies/procedures/codes of conduct
for all involved in process

Reporting and prevention

Educational programs utilizing proactive approaches

Programming utilizing social media
Taskforce on Sexual Misconduct
Defined
“Sexual misconduct is defined as any attempt at or
any actual unwanted sexual contact, physical or
nonphysical, in the absence of clear and voluntary
consent. Clear and voluntary consent is consent
that is given freely and actively in mutually
understandable words or actions that indicate a
willingness to participate in mutually agreed upon
sexual activity. Consent is not clear or voluntary if it
results from the use of physical force, threats,
intimidation, or coercion. It is a violation of policy to
have sexual contact with someone who is known to
be incapable of making a rational, reasonable
decision.”
-Wright State University Division of Student Affairs Student Handbook
Taskforce on Sexual Misconduct
About Consent
Consent is…
 Mutually
 Freely
understandable
given without coercion or fear
Consent cannot be given under
the influence of drugs or alcohol.
Taskforce on Sexual Misconduct
Relevant Mandates
Revised Sexual Harassment Guidance: Office of Civil Rights
(2001) mandates:

Institutions must take action in the event of harassment
that occurs that limits student’s ability to be involved in
academic and extracurricular activities.

Institutions must take action regardless of the direction of
harassment (staff on student, student on staff, student on
student).
Taskforce on Sexual Misconduct
Relevant Mandates
Dear Colleague Letter on Sexual Violence (2011): Office of
Civil Rights Assistant Secretary Ali mandates:

Once an institution knows, or reasonably should know of
an incident they must conduct an independent
investigation into issues of sexual misconduct.

If sexual misconduct has occurred, the institution must
take prompt action to end it.

Institution must provide protections to complainant.
Including steps prior to outcome of investigation.

Procedures must be in place that allow equal rights to
accused and accuser.

Both parties must be notified of outcome of
investigations.
Taskforce on Sexual Misconduct
Relevant Mandates
Violence Against Women Act (VAWA) 2013 Reauthorization
Updates: The Clery Center for Security on Campus notes
the reauthorization mandates:

Requires institutions to provide information about
institutional protections, policies, and educational
programs to students about domestic violence, partner
violence, sexual misconduct, and stalking.

Increase programmatic efforts for underrepresented
populations (Especially LGBT populations).
Taskforce on Sexual Misconduct
Relevant Mandates
Reauthorization of VAWA includes the Campus Sexual
Violence Elimination Act (Campus SaVE) which mandates:

Amendment to Jeanne Clery Act and requires that statistics
of sexual misconduct, domestic violence, dating violence,
and stalking be included in intuitions annual crime reporting
statistics.

Require educational programming on sexual misconduct,
domestic violence, and stalking for incoming students and
new employees of institution.

Requires increased rights and information in institutional
policies, procedures, and codes of conduct for both
accused and accuser. For example:



Practitioners conducting cases must receive annual training on
issues related to sexual misconduct, domestic violence, and
stalking.
Accused and Accuser are entitled to have advisors present in
conduct proceedings
Both parties must be advised of outcome of proceedings in writing.
(Clery Center for Security on Campus, 2013)
Taskforce on Sexual Misconduct
Taskforce on Sexual Misconduct
Advocacy for Survivors

Campus Taskforce must employ advocates for students
that are available 24/7 for survivors.

The Advocacy Program must provide resources and
support for all survivor needs.

Safe Zones and Confidential policies are crucial.

Advocates will provide:





Assistance in navigating medical, judicial, and legal processes
and services.
Aid in accommodating housing options and academic needs.
Assistance and support throughout the student conduct
process.
Assistance and support throughout the criminal justice process
including escorts to all necessary court proceedings.
Referrals to counseling and other supportive services on
campus and in the community.
Taskforce on Sexual Misconduct
Collaborative Coalition Against
Sexual Misconduct
Any campus taskforce should include representation from
the following functional areas:







Student Support Services (Student Advocacy
Professionals)
Community Standards and Student Conduct
Counseling and Wellness Services
Campus Police
Student Health Services
Women’s Center
Residence Services (If campus is residential)
Taskforce should hold regular meetings, similar to a
Behavioral Intervention Team (BIT)
Taskforce on Sexual Misconduct
Policy and Procedural
Considerations
 Must
develop policies, procedures and codes
of conduct that are in line with regulations
outlined in:


Title IX “Dear Colleague” Letter on Sexual Violence
Campus SaVE (VAWA) Act
 Enact
policy of mandatory reporter campus
(all staff, faculty are mandatory reporters in
the eyes of Title IX)
 Must
provide rights to both accuser and
accused without placing burden on accuser
regarding accommodations.
Taskforce on Sexual Misconduct
Reporting & Prevention
 Incidents
of sexual misconduct are vastly
underreported. According to the Rape
Incest National Network 60% goes
unreported.
 In
order to truly get at preventing sexual
misconduct, we must increase reporting.
 Strategies


to increase reporting:
Alcohol and Other Drug (AOD) Amnesty Policy in
cases of Sexual Misconduct.
Educate campus police and local police for best
practices.
Taskforce on Sexual Misconduct
Proactive vs. Reactive
Programming
Proactive
 Educating students
on legal definitions
of consent
 Education on
correlation of
alcohol and other
drugs (AOD) use
and sexual
misconduct
 Educating students
on rape culture
Reactive
 Victim blaming
 “Don’t walk alone
at night…Carry a
flashlight…Have
keys in hand…Don’t
dress provocatively”
Taskforce on Sexual Misconduct
Proactive Educational
Programming

Programming must break cycle of miseducation about
consent.

“Because so many men who rape don’t consider their actions rape,
effective prevention programs must clearly define informed consent”
(Edwards & Headrick, 2008).

Must address the nexus of alcohol and sexual
misconduct.

Challenge myths associated with incidents of sexual
misconduct:



The myth of false reporting. According the FBI, only 3% of
reports are false.
Challenge notions of rape culture
Programming should encompass entire campus
community (faculty, staff, student employees, and
students)
Taskforce on Sexual Misconduct
Social Media Programming
The Coalition Against Sexual
Misconduct is a cross platform
social initiative that would
publicize sexual misconduct
awareness-oriented messages
 Messages scheduled to
coincide with times associated
with high levels of alcohol
consumption
 Official University social media
accounts should be strongly
encouraged to share these
messages
 Potential to become a nation
wide campaign if other
universities wish to join
Taskforce on Sexual Misconduct
References

Ali, R. (2011, April 4). Dear colleague letter on sexual violence. Retrieved from
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf.

Clery Center for Security on Campus (2013). VAWA amendments to Clery/Campus SaVE. Retrieved from
http://clerycenter.org/article/vawa-amendments-clerycampus-save.

Edwards, K. E. & Headrick, T. (2008). She fears you: Teaching college men to end rape. Journal About
Women in Higher Education (1), 163-180.

Iowa State University. (n.d.). Sexual Misconduct & Sexual Assault | Dean of Students Office. Retrieved
February 21, 2014, from http://www.dso.iastate.edu/sexualmisconduct

Loyola University Chicago. (n.d.). - Coordinated Community Response Team. Retrieved February 21,
2014, from http://www.luc.edu/ccrt/resources/sexualassault/

Marquette University. (n.d.). Victim Advocacy. Retrieved February 21, 2014, from
http://www.marquette.edu/sexual-misconduct/advocacy-services.shtml

Ohio University. (n.d.). Survivor Advocacy Program. Retrieved February 21, 2014, from
http://www.ohio.edu/survivor/

Office of Civil Rights. (2001, January). Revised sexual harassment guidance: Harassment of students by
school employees, other students, or third parties. Retrieved from:
http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf.

St. Lawrence University. (n.d.). Advocacy. Retrieved February 21, 2014, from
http://www.stlawu.edu/advocates/advocacy

Wright State University. (n.d.). Student Handbook. Retrieved February 21, 2014, from
https://www.wright.edu/student-handbook/general-policies-and-procedures/student-sexualmisconduct-policy