Sexual Misconduct Policies Or Completely Changed It?

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

Despite having hundreds of sexual assault cases each year, most colleges take little action to resolve these cases. In fact, only 20% of female sexual assault survivors report cases, the rest believing that it was too personal to share, or that if they did, the police wouldn’t listen to them. If they did report, often times it was to the local police rather than the campus police in fear that they would be shamed or turned away by the universities.

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.

This paper will discuss sexual assault policy from 1972 to 2013. Sexual assault has been addressed in six pieces of legislature. Two of the six policies are layered policies intended to amend failures in preceding policy. Current sexual assault policy exists in the form of Title IX of 1972, the Victims of Crime Act of 1984, the Jeanne Clery Act of 1990, the Campus SaVE Act of 2013, and the SAFER Act of 2013. Of the six, the Campus SaVE Act and SAFER Act were both created to amend earlier policy – the timeline of this amendment reflects several key actions by President Barack Obama and his Vice President Joe Biden. This will be further expand on later in this paper.

When congress passed the gender-equality law known as Title IX (1972) more than 40 years ago, no one expected it to make colleges responsible for handling sexual assault. Title IX was a “stealth law” aimed at helping women get through the doors of higher education and is now being interpreted to require colleges to investigate and resolve students reports of rape, determining whether their classmates are responsible for assault and, if so, what the punishment should be. (Wilson, Paragraph 1-2) The term Sexual Assault was defined by the district as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. With that definition, the term on campus was

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

According to The United States Department of Justice, Sexual assault is 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 such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. (Department of Justice) 90 percent of the victims of sexual assault are women and 10 percent are men, and nearly 99 percent of offenders in single-victim assaults are men (Bureau of Justice Statistics 2010). Sexual Assault can happen to anyone, not just women. Sexual Assault these days are a big trouble and it is not being addressed in good order, and it is especially a big problem at the University of Kentucky campus. Although, many people think sexual assault on campus is not a huge issue, it really is and it is not properly spoken of. Even though people have different opinions on sexual assault, sexual assault is a big issue on campus and alcohol is largely to blame.

“Among undergraduate students, 23.1% of females and 5.4% of males experience rape or sexual assault” (RAINN). Rape is a threat virtually anywhere people go, but no place has a higher risk for sexual assault than college campuses. However, many of these occurrences go without penalties against the attacker, and even more are not reported at all. The lack of consequences for the accused indirectly suggests that rape and other forms of sexual assault are allowable and create further problems for the victims of the horrendous actions. Harsher punishments need to be given out for sexual assault on campus, as the current rulings are biased and immoral.

Stanford students are already skeptical that their institution takes sexual assaults seriously. In a university survey last year, fewer than half of undergraduate men at Stanford said they believed it was “very likely” the school would hold accountable someone found responsible for sexual assault. (Among female students, just over one-quarter of those surveyed thought an attacker would be “very likely” held accountable.)

Another federal policy is The Campus Sex Crimes Act and Higher Education Opportunity Act both deal with sexual misconduct. While the Campus Sex Crimes Act ensures that all students, staff who are offenders register their conduct in a system, the Higher Education Act makes room for any disciplinary or investigative proceedings to be detailed to the victim or a next

According to James Pilcher, a writer for Cincinnati.com that covered the case, in 2013 a female freshman student was sexually assaulted by a fellow freshman while in her dorm room. The female student had known the attacker previously and thought that she was just going to be hanging out with said attacker. After the assault had occurred, instead of filing criminal charges, the female student decided to take her case through the university’s internal administrative discipline system (par. 6). According to Abby Anstead in an interview that was conducted, the members of the university’s discipline system found that her attacker “more likely than not” raped her. The university’s

A late arrangement of profoundly exposed campus sexual assaults and the flawed reactions by the scholastic organizations where they happened, has driven some policymakers and academic administrators to call for administrative and institutional change. For such changes to be powerful, academic administrators and officials need arrangements that successfully secure victims, discipline culprits, and inspire institutional compliance with appropriate legislation. Moreover, there has been huge level headed discussion about how much the criminal justice system can and ought to be included when sexual assaults happen on school grounds. To address these inquiries, there should be a more intensive comprehension of existing state sexual assault laws and their ability to handle sexual assault that happen on school grounds.

In Nick Anderson’s and Peyton M. Craighill’s Washington Post article, “College students remain deeply divided over what consent actually means”, posted on June 14, 2015, Nick and Peyton addresses the growing confusion of consent amongst college students. Throughout the article, Anderson and Craighill uses a vast amount of examples and statistics to inform the reader of the ongoing problem that many collegiate students face, regarding sexual consent. Anderson and Craighill’s exigence derives from a recent survey that exposes the rising confusion of “consent” amongst college students, as well as the increasing cases of sexual assault surrounding college

Rape is a serious crime and a huge accusation to make. It is defined in various ways, but can shortly be narrowed down to as nonconsensual sex. This crime causes long- term effects for the victim and the accused. When someone is accused of rape, two sides of the story are to be investigated. If there are two sides, then which side is correct. The one who was accused or the accuser? Campus rape is decided by the universities, while rape outside of that is then, decided in court. Many people are conflicted with this policy in that by having the perpetrator kicked off campus, will not be “justifiable” enough for the victim. Meaning, the victim wants justice by having the rapist locked up, rather than just kicked off campus. In an article by

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