The Code Of Student Conduct

It’s a statistic that has circled around the nation for years, one that imprints fear into the minds of young adults and rage into those that demand justice: 1 in 5 female college students will experience sexual assault in the duration of their college career (Clark), with only 20% of those rapes being reported to the police (Hefling). As a topic that is so highlighted in American society, there is a strict demand for an organized, thorough investigation that will result in justice served. Controversy regarding whether the colleges themselves or the criminal justice system should adjudicate the punishment for these vile crimes has arisen; some believe that as an actual crime, these assaults should be taken in a legal stance in order to serve justice at its fullest extent. Others believe that determining punishment through the court system is too nerve-wracking for the victims and that by allowing colleges to do so is the only way they can avoid feeling “skepticism” by the police, juries, or courts (Know Your IX). However, when juxtaposing the capabilities of the colleges and the court system when it comes to the adjudication process, it is evident that the courts are more competent in determining punishments for campus sexual assaults.

Sexual assault on college campuses is an extensive topic that has concerned people for many years. The high rates and the case report cover-ups have brought about many varying opinions. Many people believe in changing the college framework to establish universities that are better equipped to deal with this issue. Others feel that the problem could be addressed by changing society’s outlook on crimes like these. While another group feels that the problem is in how we define rape. Despite these differences in opinions, one thing is clear, everyone agrees that something must be done to reduce sexual assault on campuses.

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)

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

‘Sexual Violence is more than just a crime against individuals. It threatens our families; it threatens our communities. Ultimately, it threatens the entire country’ (qtd. in Burleigh pg. 2). In the article, “Confronting Campus Rape” written by Nina Burleigh; a writer, journalist, and professor at Columbia Graduate School of Journalism, describes what students are doing to force universities to take a stronger stand against campus sexual assault. Moreover Burleigh describes what the government is doing to make a difference on the issue. This includes laws that have created consequences for the assaulter and laws that protect the victim. According to Burleigh, a young woman called Laura Dunn was sexually assaulted on campus. Dunn was a student of UW. On April 4th, 2014, Dunn lost her virginity to two UW athletes. That night, Dunn was attending a party at the university. Dunn was enjoying the party and lost count of her alcohol intake. Dunn remembers being led out by two older teammates, who she knew. Dunn was very intoxicated, enough to stumble on her way back to what she thought would be another campus party, as one of the athletes helped her walk. The athletes led Dunn to one of their apartments where she found herself on a bed with both of them on top of her. Dunn was so intoxicated that she couldn’t help but to drift in and out of conscious leaving her unable to stop the two men. Dunn began to feel sick and was led to the bathroom by one of the athletes, where he penetrated her from behind while she was throwing up. That was a date Dunn would never forget. Dunn like many other women at the UW have been sexually abused by other students. Although Dun’s incident is shocking, it is not uncommon for women to be sexually assaulted on campus. A woman at the  university of Wisconsin is more prone to being sexually assaulted than any other woman in the country because of alcohol intoxication; this is a problem that must be resolved.

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

Look around at four of your female friends; according to “Not Alone,” a US Government report on sexual assault, by the time you graduate college, one of you will become a victim of sexual assault. For years, schools have struggled with figuring out how to handle this epidemic. Many schools just don’t focus on sexual assault; for example, according to Rolling Stone’s article, "Rolling Stone and UVA: The Columbia University Graduate School of Journalism Report" by Sheila Coronel, Steve Coll, and Derek Kravitz, The University of Virginia has expelled 183 students for academic dishonesty and 0 students for sexual assault. This shows how policymakers have pushed sexual assault to the side for decades on college campuses, despite frequent protests and requests from students for colleges to make campuses safer. Sexual assaults on college campuses have been mishandled throughout history, and colleges that have made policy changes have often made ineffective or misguided choices. Colleges need to adopt a “yes means yes” policy for verbal consent and should model their policies after the University of Kentucky’s successful “green dot” program.

A lawsuit was filed this year in January against Northern Kentucky University in which a female student is suing the university for mishandling her sexual assault that occurred on campus in 2013. The female, who identifies as Jane Doe in the lawsuit in order to hide her identity, claims that NKU did not do enough to make her feel safe on campus because she feels the university neglected her and did not do anything to stop her attacker from having everyday contact with her. The university feels as if they did as much as they possibly could to help the female student and that they are not at fault for what has happened (Pilcher par. 4-7). Although there has not been a ruling on the case yet, NKU is at fault for the events that have transpired and should be ashamed of what they have allowed to occur.

This article by Brooke Boucek includes useful information about the public reporting system of universities and how the federal laws lead administrations to under-report sexual assaults. Boucek begins the article by describing the current Title IX laws for colleges and explaining other legal procedures and acts relating to sexual assault on campuses. The article then includes the perspectives of those accused of rape and how one college decision permanently affected their life; Boucek includes multiple stories and accounts and thus presents

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.

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

and advocacy. It should be noted that one of the Task Force’s observations is that the

College-age adults are known to be high risk for sexual violence and most studies show that one in three women have experiences some type of sexual assault whether it was through physical force or harassment. These statics are known by most women on college campuses to ensure that women know and understand that this could happen to them. The issue is more than ensuring that women are aware of how protect themselves and know how to avoid these situations because it shouldn’t even be happening. When women are taught that they should know how to defend themselves we are saying that this type of behavior is normal and inevitable. We should shift from this dynamic and start teaching both men and women that this behavior is completely unacceptable and that sexually assaulting or harassing someone is NOT normal. This paper will mostly focus on incidents of rape and sexual assault on college campuses and what the outcome and reactions of these incidents were.