Does Title IX Need Changed? An argument has emerged in the United States regarding the title IX guidance changes of 2011. In 2011 the Obama administration changed some guidelines about sexual assault in title IX. These changes would include many changes that colleges would have to make to comply with the new title IX rules and regulations. Since 2011 there has been questions regarding if the changes were doing what they were made to do, which was to further protect each party. Some people believe that the changes of 2011 have worked well and need to stay. On the other hand, some people claim that there are some major problems with the regulations and need to be rewritten. The two sides disagree about Title IX Sexual Harassment/Assault …show more content…
On the other hand, some think that any evidence at all is enough to prove someone guilty of a sexual assault. With schools increase in responsibility it is thought to be a reason why people are not receiving a universities full attention and fail to receive a full fair trial. University’s claim that every case they investigate is to their best of their ability but the accused and even the victims have reported what they thought of as a failure of a fair trial. Some statements also show that people seem to think that students that are involved with a University sports team is treated differently than a normal student. Also, reports seem to show a favor to female genders and discriminate males that are involved in an investigation. One of the most debated topics of the 2011 changes to title IX is the differences between a school trial and a criminal trial. Some people claim that schools sometimes fail or rush to hand over any investigations over to the authorities. When a case is changed into a criminal trial often noted is that the trial is much longer than a school trial and the accuser is sometimes harder to prove that they are guilty. Much of the argument on this topic is when does the school stop and where does a criminal trial take place? Some people believe that the schools should reserve the right to decide when they
Sexual assault is defined by the department of justice as: any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. Women aged 18-24, in college, are three times greater at risk than the average woman any age. (RAINN). The U.S. Department of Education’s Office for Civil Rights has 246 ongoing investigations into how 195 colleges and universities handled sexual assault under Title IX. (Huffington Post). Many ask, Why on college campuses? Why have these statistics been rising? For a rapist or an assaulter, college is
“One in five women are sexually assaulted while in college” (Not Alone, 2014). In our class of twenty women that means that possibly five women have been sexually assaulted. Out of the five women that I stated could have been sexually assaulted they may have known the perpetrator and often will not report what has happened. According to the spring count of students completed by West Chester University, 9,211 of those students were females (“Headcount Enrollment”, 2014). If I go by the statistic mentioned earlier that one in five women is assaulted that would mean that 1,842 women have been sexually assaulted while enrolled at West Chester University of Pennsylvania. Out of 1,842 possible assaults only four were reported last year. Two of which the victims knew prior to the assault. Rankin and Associates consulting conducted a Climate Assessment on West Chester University in September of 2010, a section of the results focused on sexual assault on students. According to the report seven people who reported a sexual assault to the university described their reactions to the universities response. Two students shared the way they felt the response was inappropriate or poor. One described that they felt the suspension for one semester was not an appropriate response to an admitted rape, that public safety lost the victims statement, judicial affairs painted the victim offender as innocent, and that the registrar protected the offender putting the victim in harm’s way and everyone
Summary: The article “Rhode Island Schools Report 18% Increase in Sexual Assaults” Arditi explains to us of the unfortunate rise in sexual assault at universities in the Rhode Island area. She gives us statistical evidence of reports by journals and newspapers. These statistics showed an increase of 65 sexual assaults by 11 schools near Providence and a 40 percent increase for 29 New England schools (Arditi). These sexual assaults are due to many conditions of the college, such as, its size, location, culture, and how well it deals with reports of the abuse. Colleges have a rising problem of victims failing to report crimes that were committed upon them. Along with problems with reports, sharing information between law enforcement and college student affairs was an increasing issue. Universities and colleges were not required to share data until a White House task force recommended that these institutions sign a Memorandum of Understanding (MOU)
University of Tennessee Knoxville was recently involved in a lawsuit for enabling athletes to sexually assault women by silencing the victims and failing to provide disciplinary actions or even investigation onto the accused. While this is a recent case, this is not the first time this sort of behavior involving a school has been brought into light. One in four women will be sexually assaulted by the end of their undergraduate career (Posluszny). Sexual assault happens throughout society no matter what the gender or age, seeming to be in increasing epidemic over the last few years. While the idea of sexual assault is largely met with public hostility in theory, actions often contradict this. This contradiction lies heavily in a culture that is unwelcoming to the victims and often leads to the perpetrators being tolerated. The existence of rape culture in western society occurs due to the preservation of violent media, patriarchal standards, and the state of the criminal justice system. This culture cannot be improved until we confront each of these problems to their roots.
Parents are looking for safe places where their children will be able to acquire a vigorous education; therefore, safety is one of the main concerns when it comes to selecting colleges. This places institutions in a situation where they will do anything to keep a good reputation. There is a consumer protection law called The Clery Act passed in 1990, which requires institutions to report crimes that happen on campus (Bulletin), but statistics like “ninety-one percent of college campuses disclosed zero reported incidences of rape in 2014” (Becker) clearly show how colleges are trying to hide the truth regardless of the policy. This is a moral hazard that creates an incentive for colleges to not accurately report cases. It’s been established that most of cases are not reported, which it is something “good” for institutions because they are less affected. But what if all cases were to be reported to the police instead? Institutions will definitely make sure to prevent any sexual assault in the first place. Consequently, there is a loss of trust in the institutions because victims believe that nothing will be done just like in the Turner case. Are institutions willing to sacrifice their reputation by making public every sexual assault case? We know that the answer for this is no. They value more the money that enters the institution more than the safety of the students who bring the
Due process presumes innocence and declares guilt based on the accuracy of specific allegations. In contrast, university justice implies that since all women are victims, all accusations, even the false ones, capture a deeper truth. This peculiar notion of justice also gives rise to the conviction that while a man may not have committed any of the specific infractions of which he is accused, as a perpetrator and beneficiary of male privilege he is party to a vast criminal conspiracy and therefore deserves whatever limited punishment university authorities mete
On the topic of sexual assault on campuses, Catherine Lhamon, Assistant Secretary for Civil Rights and James Moore, Compliance Manager of the Clery Act discussed ways to further combat sexual assault on college campuses. Lhamon and Moore focused on the improvements made to the reporting of sexual assault, positive changes made to the judicial proceedings on campuses, and the improved punishment of perpetrators. The members of the committee hearing did not deny the importance of combating sexual assault. However, members did disagree on the methods to effectively decrease sexual assault and increase overall reporting of victims. Members disagreed the most on the enforcement mechanism, which was made more controversial by the differences in opinion on the accuracy of reporting, and the guidance authority of the Department of Education. This ballot will address the panel discussion on these
Male student athletes make up 3.3% of the population but are responsible for 19% of sexual assaults and 35% of domestic violence. One in three college sexual assaults are committed by an athlete or athletes. From 1995 to 1998 there were an average of one hundred sexual assault charges against athletes a year. In 1995, 8.5% of the general population charged with a crime were sexual assault, 36.8% of crimes involving athletes were sexual assault. The general population conviction rate is 80%, athlete conviction rate is 38%.(NCAVA) Since not all rapes are reported we can assume that these numbers are much higher. Most athlete rapes are acquaintance rapes. Many of the women blame themselves and do not report the crime. These are very scary statistics. Proving that there is a problem and steps need to be taken to change these statistics.
Despite federal laws issued to combat sexual violence, each year 4,000 college women report to school officials that they've been sexually assaulted. What happens after they file those reports has stirred debate on campuses across the country, leaving parents and students fearful that colleges may not be the ivory towers of security and integrity that appear on their recruitment pamphlets.
According to Nancy Chi Cantalupo, writer in the University Chicago Law Journal, “twenty to twenty-five percent of college women are victims of attempted or completed nonconsensual sex” (Burying Our Heads 207). In October 2014, an eighteen-year-old freshman at Old Dominion University was sexually assaulted. She reported her case to the ODU Police Department where she was treated as a suspect rather than a victim (Jane). The university police department denied this young woman of many things such as a medical examination right away, food, drinks and even did not allow her to use the bathroom (Jane). These factors caused her to suffer multiple injuries mentally, emotionally, and physically (Jane). Many cases of on campus sexual assault has come
The question of Title IX and its regulatory application with respect to the Department of Education’s Office for Civil Rights is a matter which has been considered by a myriad of Presidential administrations since its codification into law in 1972. In 2011, the Obama Administration, in partnership with the Office for Civil Rights, took a step markedly distinguished from the guidance which had heretofore been promulgated in its release of a significant guidance document that had not undergone the procedural notice-and-comment rulemaking process. The Office issued its “2011 Dear Colleague Letter,” hereinafter referred to as the “Letter,” which fundamentally altered the policies and practices at institutions of higher education across the
Looking at the statistics from before Title IX to present day, this law has definitely instilled change. It has opened up a much broader range of opportunities for women in sport that they may have never experienced without this law. These opportunities include more sports available in schools for women to participate in, more scholarships for women to play in college, and more funding for women's teams in schools. In addition to this, a woman's sports team cannot be cut or diminished in size because they are considered the underrepresented class. So, in these areas, Title IX has been widely successful, however it still has a long way to go. Men still have the upper hand in athletics in that they have more opportunities, more scholarships, and more budget dollars. This shows that Title IX has not fully reached its intended purpose and is still working to decrease discrimination for women in sports. However, I believe that not all the factors are taken into account for this. There may be less opportunities for women in sports because there is less interest by them to participate. The majority of women in a school may not even want to participate in a sport and therefore are not being discriminated against in this area. On the other hand, however, it appears that Title IX has caused men to be discriminated against. The law states that its purpose is to prohibit the discrimination on the basis of sex and enforce gender equity, but it has allowed men to be discriminated against in that their sports, funding, and scholarships can be cut in order to accommodate the needs of women’s athletics. Of course it makes sense to do this because men are highly represented, especially compared to women, but that does not mean they should suffer losses because of this. I am not saying I know of a better solution, but I
The problem is not with the general law of Title IX itself, which simply states that any education program receiving federal funding cannot discriminate based on gender (“Gender Equity” 339): it is the way that this law has been enforced. Although the entirety of the Title IX law pertains to a number of aspects of educational institutions, a college’s compliance requirements (that is, the rules that must be met in order to be in conformity with the Title IX law) under the athletic portion of Title IX boil down to three major “prongs”: 1. The proportion of female
Sexual assault has been a huge issue for many years on college campuses and universities nation wide. As society has evolved, thoughts on sexual assault have also evolved, becoming more focused on the details of victim treatment than ever before. The topic of sexual assault is debatable and sparks many opinions on weather sexual assault on college campuses is becoming more frequent, or if there is just heightened awareness. Sexual assault can happen to anybody no matter the gender, race, religion, or age. Recently there have been many studies conducted on sexual violence on college campuses and universities producing ample amounts of statistics. One may argue that sexual assault rates are the same, but there are simply more studies and attention on sexual assault in the past 20 years. Gender roles have played a huge part in sexual assault on college campuses. Women and men have different expectations when it comes to roles in the relationship, men are often expected to make the first move. One may ask what causes a perpetrator to sexually harass somebody and think it is acceptable. There are various reasons as to why perpetrators do what they do, and may vary from person to person. Although sexual violence is a large problem for many colleges and universities, there is a surprising shortage of federal laws/rules and regulations regarding sexual assault. Colleges are able to develop their own personal policies and procedures for how they will prevent and deal with sexual
There is really a need to look into the welfare of pupils so that they could achieve to the fullest. It is a fact that when a pupil has emotional or personal problems, he cannot make use of his potentialities. Guidance is a process of helping the individual to understand himself and his world so he can utilize his potentialities. Guidance is a process of helping the individual to understand himself and his world so he can utilize his potentialities (Shertzer and Stone, 2013). It is a process of helping individuals develop to the maximum of his capacity in the direction most beneficial to himself and his society Guidance is helping a person to see through himself in order that he may see himself through (Hamrin as cited by NSGMED, 2014).