Here is a summary of some recent judicial decisions in cases brought by students who were disciplined for sexual assault.
1. Colorado State University-Pueblo. A federal magistrate rejected the university's motion to dismiss a case filed by a student who alleged that he was suspended for sexual assault in a biased and erroneous disciplinary proceeding conducted by university officials. The magistrate agreed that the plaintiff's allegations could support liability under Title IX if they eventually prove true. The complaint's allegations that university officials ignored exculpatory evidence, including statements by the complainant that their sexual encounter was consensual, evidence suggesting that the complainant and the respondent had consensual contact after the alleged assault, and evidence that could have indicated complainant's motive in filing the complaint was to conceal and avoid being punished for a prohibited relationship (she was a student in the athletic training program and he was a member of the football team). The magistrate acknowledged that ignoring such evidence indicates bias, but not necessarily gender bias which is required for institutional liability under Title IX. However, the complaint's additional allegations about the investigator's gender bias, particularly, bias about football players' propensity to rape, could if proven satisfy that requirement, the magistrate determined. Importantly, another aspect of this decision dismissed the plaintiff's direct challenge to the Department of Education's Dear Colleague Letter. Here, the magistrate reasoned that the plaintiff lacked standing to challenge the DCL because it did not cause the injuries that he alleges.
2. Amherst College. Title IX and breach of contract claims against Amherst College filed by a student expelled for sexual assault survived the college's motion to dismiss. Like the case described above, the plaintiff here also alleges that the disciplinary proceeding failed to take into account evidence that would have shown consent, including some text messages sent by the complainant immediately following her their sexual encounter in which she describes herself as the initiator of sexual activity. The court determined that the plaintiff satisfactorily alleged that this and other procedural errors were motivated by bias by including claims that his accuser was known by the college to be part of a "student-led movement" pressuring the college to change the way it handles sexual assault complaints, and that this pressure motivated the college to make procedural errors in the plaintiff's case in order to expel a male student for sexual assault. In addition, the plaintiff's selective enforcement claim also survived because the plaintiff alleged that male and female students were treated differently by the disciplinary process. The college allegedly failed to encourage him to file a complaint against her when they discovered the text messages suggesting she may have initiated sexual activity
with Doe while he was “blacked out,” and thus incapable of consenting, but on the hand, encouraged her to file a complaint against him upon discovery of her belief that she was assaulted by him. Notably, the plaintiff's complaint was one of the few I've seen that alleged a contemporaneous claim of race discrimination in the pattern of enforcement against black men. However, this claim was dismissed as it was not supported by sufficiently specific allegations.
3. St. Thomas University. In contrast to the two cases above, a federal court in Minnesota did grant St. Thomas University's motion to dismiss a Title IX claim alleging gender bias and mishandling of a sexual assault complaint. Here, the plaintiff's only support for his allegation that procedural errors resulted from gender bias was "pressure from the federal government to punish male students accused of sexual assault." The court rejected the sufficiency of this allegation, noting the absence of "targetted stress" imposed by the government on the university, that would have caused it to engage in unfavorable treatment of male students accused of sexual assault. However, this decision notably denied the university's motion to dismiss the plaintiff's claim of negligence (though the court was skeptical that the factual record would provide evidence necessary for liability on this claim).
4. San Diego State University. While a Title IX claim was not at issue in this case, a plaintiff prevailed against San Diego State on grounds that the university's failure to provide him with an "adult adviser" constituted procedural unfairness in violation of the state administrative law. In contrast to the plaintiff, who was required to speak for himself in the hearing, the court noted that the complainant received the assistance and advocacy of the university official who had initially investigated the case. The court made clear that it is not requiring universities to furnish respondents with a lawyer, but that respondent needed some kind of adult advocate, like a faculty member, to level the playing field. Further litigation is required to determine if the plaintiff, who had been expelled, must be reinstated.
Showing posts with label Amherst College. Show all posts
Showing posts with label Amherst College. Show all posts
Friday, March 03, 2017
Monday, January 30, 2017
Updates from Baylor, Amherst
An additional lawsuit was filed against Baylor at the end of last week. A former female student alleges she was raped by two football players in 2013 while other players recorded the assault and shared the video. The school took two years to investigate the assault. It suspended and eventually expelled one of the players. The other transferred. The lawsuit, like the others, cites a culture of sexual violence at Baylor; a culture Ken Starr claimed did not exist both while he was president of the university and even after his departure.
New information, though, has emerged from this filing. Previously, we have known about the 17 incidents since 2011 that involved 19 players. The lawsuit states that there have been 52 sexual assaults (within an unnamed 4-year period) by 30 football players. The increase is likely due to the fact that the woman who filed the lawsuit was a member of a campus group organized to show football recruits around during visits. Members were supposed to be available for sex; a tool used to sell Baylor to the prospective players. Art Briles's attorney said the former coach, who himself is involved in litigation with the school, denies such a culture existed under his leadership.
With little attention, Amherst College announced before the start of the current semester, that they had concluded their investigation of the offensive messages sent by members of the men's cross country team. Sanctions include suspensions ranging from several meets to the remainder of an athlete's Amherst career. All members must undergo an "educational process" and the team is on probation until 2018.
New information, though, has emerged from this filing. Previously, we have known about the 17 incidents since 2011 that involved 19 players. The lawsuit states that there have been 52 sexual assaults (within an unnamed 4-year period) by 30 football players. The increase is likely due to the fact that the woman who filed the lawsuit was a member of a campus group organized to show football recruits around during visits. Members were supposed to be available for sex; a tool used to sell Baylor to the prospective players. Art Briles's attorney said the former coach, who himself is involved in litigation with the school, denies such a culture existed under his leadership.
With little attention, Amherst College announced before the start of the current semester, that they had concluded their investigation of the offensive messages sent by members of the men's cross country team. Sanctions include suspensions ranging from several meets to the remainder of an athlete's Amherst career. All members must undergo an "educational process" and the team is on probation until 2018.
Tuesday, December 13, 2016
On suspending seasons
Yesterday, Amherst College suspended all team activities for the men's cross country team after a student publication revealed social media messages and emails to incoming team members that included racist. misogynist, and homophobic comments.
Last month, Harvard suspended the men's soccer season in the wake of revelations that the team has continued its practice of ranking first-year members of the Harvard women's soccer team in sexually explicit ways.
In a few weeks, the Baylor football team will play in the Motel 6 Cactus Bowl against Boise State despite accusations of sexual assault by 17 women against current and former football players and a clear evidence of cover-ups.
One of these things is not like the others.
Things have been brewing, arguably boiling over, at Baylor for some time, which is why Paul Finebaum, ESPN commentator, expressed outrage last month that the team had not been suspended. Finebaum said on-air that Baylor's football season should have been suspended in light of its many misdeeds (chronicled here--and everywhere). Finebaum was calling for the Big 12 to issue the suspension because neither the NCAA nor the university itself will do so. The NCAA is not planning anything in response to the cover-up of the sexual assaults and to an institution that does not have control over its athletics program. Baylor hired a law firm to do an external investigation and then failed to make changes and refuses to acknowledge a culture of sexual hostility and athlete privilege.
The two events at Amherst and Harvard have commonalities: introduction of the first-year class into team culture using offensive discourse; elite, private schools; men's "minor sports"; both schools will conduct investigations into the matters.
At Harvard the offense was directed at the women's soccer team; a betrayal of what many of the women felt was a familial (non-sexual) relationship. Since the soccer scandal was revealed, it has come out that similar practices have occurred within the men's cross country team. The initial response was meh. The athletic director said Harvard would handle it internally and by trying to make it less of a media thing--he made it more of a media thing. The additional findings that 1) players were not being "forthcoming" about what was happening and 2) it was still happening forced the AD as well as the university president to make stronger public statements and ultimately cancel the season. Investigations are ongoing.
At Amherst, it does not appear--at the moment--that the commentary was directed at a female team. A June 2015 list of female students has surfaced that includes pictures and comments about their sexual pasts, including guesses about STD infections. The incidents in question are from 2013-15. Of course, as we saw at Harvard, these things often do not just disappear on their own, even when there is new leadership--as there was at Harvard when they hired a new soccer coach a few years ago.
Also, the cross country season is over. "Team activities" would likely include team banquets or coach-led practices, but it's finals week at Amherst, and I assume there is not much on the docket for the team. So now Amherst must decide how to proceed. Will athletes involved be individually punished? Will the be prevented from running next season? Many cross country runners will also run indoor and outdoor track. Will team members be allowed to compete for their other teams? To its credit, Amherst, under its (not so new anymore) president, has taken issues of sexual assault and harassment more seriously than in the past. The school's response was immediate and the AD and president are seemingly on the same page. I hope this one does just fade away. Investigations are ongoing.
What have we learned? Well male privilege and sexual misconduct are not just the province of football players. This is obvious when taking a broad look at the cases of harassment and assault involving athletes. Baylor gets the most attention because it is a big-time football program. (There is also the issue of adherence to "Christian values" that are the alleged bedrock of the institutional mission; this has received less attention.) So what it looks like is that there is more at stake at Baylor--for the athletes, for the coaches, for the school. I do not agree with this view because what I know for sure is that the stakes are the same for the women who are the victims of these athletes and for potential victims. They are on campuses where sexual violence is a known reality (as it is on most campuses). The crimes and misdemeanors may be different and, at the individual level, the effects on victims may be different (in part because of school response). But all these schools have a climate of sexual hostility and it is manifesting in their athletic departments, among their male-student athletes (and probably at higher levels as well). And this means that students do not feel safe at their schools.
PS. More on Baylor:
The university received word this week from the Southern Association of Colleges and Schools, an accrediting body, that it would be monitoring Baylor's ability to 1) maintain institutional control over intercollegiate athletics, 2) create a safe and healthy environment for students, and 3) provide adequate student support services.
In other words, while there are a lot of external pressures on Baylor, it continues to do very little. Baylor fans might say that ditching Art Briles was enough. Finebaum, and many others, do not think so. Firing Briles (who is suing the school for libel) was cleaning house. It is was not shoring up the structure of the house. In fact (to continue to metaphor) Baylor brought in a temporary coach, Jim Grobe, who seemed to be predisposed to making things dirty again and further weakening the structure. (Based on comments during his early press conferences and interviews.) The new coaching staff has been named. We shall see what those press conferences bring.
Investigations are over.
PPS. Columbia wrestling
I knew I forgot something! Columbia University (also elite, private) suspended its men's wrestling team ("minor sport") after some members' racist and misogynist texts were discovered. Columbia completed its investigation last month. While the investigation was pending, members were not allowed to compete. The team was still practicing.
The messages were sent in a group message format. Those not participating in the group message were allowed to resume competition. Some members were suspended for the rest of the season. Others were suspended until the start of spring semester.
Notable in this case: former assistant coach Hudson Taylor who founded Athlete Ally, a group that supports LGBT athletes, took some responsibility for the culture that engendered these messages:
"[The actions] are a reflection of our culture and my coaching. I apologize to the Columbia campus, to the alumni, and to my former wrestlers for not doing more to develop them into young men of better character.”
Last month, Harvard suspended the men's soccer season in the wake of revelations that the team has continued its practice of ranking first-year members of the Harvard women's soccer team in sexually explicit ways.
In a few weeks, the Baylor football team will play in the Motel 6 Cactus Bowl against Boise State despite accusations of sexual assault by 17 women against current and former football players and a clear evidence of cover-ups.
One of these things is not like the others.
Things have been brewing, arguably boiling over, at Baylor for some time, which is why Paul Finebaum, ESPN commentator, expressed outrage last month that the team had not been suspended. Finebaum said on-air that Baylor's football season should have been suspended in light of its many misdeeds (chronicled here--and everywhere). Finebaum was calling for the Big 12 to issue the suspension because neither the NCAA nor the university itself will do so. The NCAA is not planning anything in response to the cover-up of the sexual assaults and to an institution that does not have control over its athletics program. Baylor hired a law firm to do an external investigation and then failed to make changes and refuses to acknowledge a culture of sexual hostility and athlete privilege.
The two events at Amherst and Harvard have commonalities: introduction of the first-year class into team culture using offensive discourse; elite, private schools; men's "minor sports"; both schools will conduct investigations into the matters.
At Harvard the offense was directed at the women's soccer team; a betrayal of what many of the women felt was a familial (non-sexual) relationship. Since the soccer scandal was revealed, it has come out that similar practices have occurred within the men's cross country team. The initial response was meh. The athletic director said Harvard would handle it internally and by trying to make it less of a media thing--he made it more of a media thing. The additional findings that 1) players were not being "forthcoming" about what was happening and 2) it was still happening forced the AD as well as the university president to make stronger public statements and ultimately cancel the season. Investigations are ongoing.
At Amherst, it does not appear--at the moment--that the commentary was directed at a female team. A June 2015 list of female students has surfaced that includes pictures and comments about their sexual pasts, including guesses about STD infections. The incidents in question are from 2013-15. Of course, as we saw at Harvard, these things often do not just disappear on their own, even when there is new leadership--as there was at Harvard when they hired a new soccer coach a few years ago.
Also, the cross country season is over. "Team activities" would likely include team banquets or coach-led practices, but it's finals week at Amherst, and I assume there is not much on the docket for the team. So now Amherst must decide how to proceed. Will athletes involved be individually punished? Will the be prevented from running next season? Many cross country runners will also run indoor and outdoor track. Will team members be allowed to compete for their other teams? To its credit, Amherst, under its (not so new anymore) president, has taken issues of sexual assault and harassment more seriously than in the past. The school's response was immediate and the AD and president are seemingly on the same page. I hope this one does just fade away. Investigations are ongoing.
What have we learned? Well male privilege and sexual misconduct are not just the province of football players. This is obvious when taking a broad look at the cases of harassment and assault involving athletes. Baylor gets the most attention because it is a big-time football program. (There is also the issue of adherence to "Christian values" that are the alleged bedrock of the institutional mission; this has received less attention.) So what it looks like is that there is more at stake at Baylor--for the athletes, for the coaches, for the school. I do not agree with this view because what I know for sure is that the stakes are the same for the women who are the victims of these athletes and for potential victims. They are on campuses where sexual violence is a known reality (as it is on most campuses). The crimes and misdemeanors may be different and, at the individual level, the effects on victims may be different (in part because of school response). But all these schools have a climate of sexual hostility and it is manifesting in their athletic departments, among their male-student athletes (and probably at higher levels as well). And this means that students do not feel safe at their schools.
PS. More on Baylor:
The university received word this week from the Southern Association of Colleges and Schools, an accrediting body, that it would be monitoring Baylor's ability to 1) maintain institutional control over intercollegiate athletics, 2) create a safe and healthy environment for students, and 3) provide adequate student support services.
In other words, while there are a lot of external pressures on Baylor, it continues to do very little. Baylor fans might say that ditching Art Briles was enough. Finebaum, and many others, do not think so. Firing Briles (who is suing the school for libel) was cleaning house. It is was not shoring up the structure of the house. In fact (to continue to metaphor) Baylor brought in a temporary coach, Jim Grobe, who seemed to be predisposed to making things dirty again and further weakening the structure. (Based on comments during his early press conferences and interviews.) The new coaching staff has been named. We shall see what those press conferences bring.
Investigations are over.
PPS. Columbia wrestling
I knew I forgot something! Columbia University (also elite, private) suspended its men's wrestling team ("minor sport") after some members' racist and misogynist texts were discovered. Columbia completed its investigation last month. While the investigation was pending, members were not allowed to compete. The team was still practicing.
The messages were sent in a group message format. Those not participating in the group message were allowed to resume competition. Some members were suspended for the rest of the season. Others were suspended until the start of spring semester.
Notable in this case: former assistant coach Hudson Taylor who founded Athlete Ally, a group that supports LGBT athletes, took some responsibility for the culture that engendered these messages:
"[The actions] are a reflection of our culture and my coaching. I apologize to the Columbia campus, to the alumni, and to my former wrestlers for not doing more to develop them into young men of better character.”
Sunday, February 02, 2014
Sexual Assault Roundup
There's been lots of news about individual colleges' policies and practices regarding sexual assault. Here is a brief roundup.
In (albeit anecdotal) evidence of colleges taking sexual assault grievances seriously, the University of Michigan expelled a football player for sexual assault.
Amherst College expelled a student as well.
At the University of Connecticut, OCR is confirmed to have opened an investigation in response to complaints of its mishandling of sexual assault. A private lawsuit is also underway.
Swarthmore announced changes to its sexual assault and harassment policies, in response internal investigations prompted by a federal complaint filed last year.
University of North Carolina reports a stronger partnership between its department of public safety and other parts of campus in support of a more effective sexual assault response.
Iowa State students are now required to take an online training on violence prevention, as part of its universities efforts to comply with requirements of Title IX.
The University of Colorado announced the positive results of an external review of its Title IX policies, while setting goals to exceed the minimum requirements of compliance. Separately, the university made news by removing the chair of its department of philosophy, amid allegations of sexual harassment.
In (albeit anecdotal) evidence of colleges taking sexual assault grievances seriously, the University of Michigan expelled a football player for sexual assault.
Amherst College expelled a student as well.
At the University of Connecticut, OCR is confirmed to have opened an investigation in response to complaints of its mishandling of sexual assault. A private lawsuit is also underway.
Swarthmore announced changes to its sexual assault and harassment policies, in response internal investigations prompted by a federal complaint filed last year.
University of North Carolina reports a stronger partnership between its department of public safety and other parts of campus in support of a more effective sexual assault response.
Iowa State students are now required to take an online training on violence prevention, as part of its universities efforts to comply with requirements of Title IX.
The University of Colorado announced the positive results of an external review of its Title IX policies, while setting goals to exceed the minimum requirements of compliance. Separately, the university made news by removing the chair of its department of philosophy, amid allegations of sexual harassment.
Sunday, November 17, 2013
Title IX Violations Alleged at Amherst and Vanderbilt
Last week, Amherst College in Massachusetts and Vanderbilt University in Tennessee were each alleged to have violated Title IX in they way they handled students' reports of campus sexual assault.
On Thursday, six Vanderbilt students filed a complaint with the Department of Education's Office for Civil Rights. As an example of Vanderbilt's alleged violation, one of the complainants states that the university did not take any action against the student's alleged stalker once they had pressured her into letting the school handle it rather than going to the police. That same day, two Amherst students filed a similar complaint. One of the allegations it contained is that the school responded to a report of rape by admitting the victim to a hospital psych ward while letting the accused student go unpunished.
While Vanderbilt is a new name on the list of institutions with apparently problematic sexual assault policies and practices, Amherst has been the poster-college for this issue since last fall, when a student editorial accused the college of suppressing reporting by victims and treating accused students with leniency. Since then, the college has been responding by revising its policies and by hiring a fill time Title IX Coordinator. I think that OCR will look favorably on these efforts in any investigation and compliance action that might be forthcoming in response to the complaint. At the same time, the agency's involvement will likely help ensure that the changes promised by the college are both substantive and lasting.
On Thursday, six Vanderbilt students filed a complaint with the Department of Education's Office for Civil Rights. As an example of Vanderbilt's alleged violation, one of the complainants states that the university did not take any action against the student's alleged stalker once they had pressured her into letting the school handle it rather than going to the police. That same day, two Amherst students filed a similar complaint. One of the allegations it contained is that the school responded to a report of rape by admitting the victim to a hospital psych ward while letting the accused student go unpunished.
While Vanderbilt is a new name on the list of institutions with apparently problematic sexual assault policies and practices, Amherst has been the poster-college for this issue since last fall, when a student editorial accused the college of suppressing reporting by victims and treating accused students with leniency. Since then, the college has been responding by revising its policies and by hiring a fill time Title IX Coordinator. I think that OCR will look favorably on these efforts in any investigation and compliance action that might be forthcoming in response to the complaint. At the same time, the agency's involvement will likely help ensure that the changes promised by the college are both substantive and lasting.
Thursday, May 09, 2013
What's happening with sexual assault complaints
At Occidental College in California, administrators are moving quickly to remedy the campus climate that inspired students to openly protest the way the college handles sexual assault cases. The president announced that a search was on for a Title IX coordinator ( a position that should already exist, by the way). The school will also be implementing recommendations from two experts the college hired in the wake of the complaints. Over 100 members of the faculty issued an open letter vowing to work to change the campus climate.
On the other side of the country, Dartmouth College continues to deal with the repercussions of the very visible protest a group of current students held during prospective students weekend. The college cancelled classes for a day the week following the protest in order to address some of the issues raised. Programming, including speeches and open forums, was held ago for a day in order to hold forums and workshops about the issues protesters raised. But the effectiveness of this somewhat last-minute move has been questioned. Additionally, the initial protesters and others unrelated to the protest at all are receiving threats--some of which are based on sexual orientation and race--in various online forums. In short, the issue of respectful dialogue remains.
Directly south of Hanover in Amherst, students continue to press the administration at Amherst College to institute--and be transparent about--sexual assault policies. In late April, as part of Sexual Assault Awareness Month, students held an on-campus protest objecting to the leniency the college has historically engaged in when it dealt with perpetrators of sexual assault and their lack of input into new policies. Though the Title IX committee has two spots for student representatives, only one is currently filled. Students are also upset that a draft of the new policies has not been released.
On the other side of the country, Dartmouth College continues to deal with the repercussions of the very visible protest a group of current students held during prospective students weekend. The college cancelled classes for a day the week following the protest in order to address some of the issues raised. Programming, including speeches and open forums, was held ago for a day in order to hold forums and workshops about the issues protesters raised. But the effectiveness of this somewhat last-minute move has been questioned. Additionally, the initial protesters and others unrelated to the protest at all are receiving threats--some of which are based on sexual orientation and race--in various online forums. In short, the issue of respectful dialogue remains.
Directly south of Hanover in Amherst, students continue to press the administration at Amherst College to institute--and be transparent about--sexual assault policies. In late April, as part of Sexual Assault Awareness Month, students held an on-campus protest objecting to the leniency the college has historically engaged in when it dealt with perpetrators of sexual assault and their lack of input into new policies. Though the Title IX committee has two spots for student representatives, only one is currently filled. Students are also upset that a draft of the new policies has not been released.
Monday, April 29, 2013
Students raising visibility around sexual assault
Disturbed by a recent spate of sexual assault and homophobic and racist incidents on their campus, a group of Dartmouth students staged a protest during Prospective Students Weekend. A video of the protest can be found here at Jezebel along with a commentary about the effectiveness of such a disturbance. I am not going to comment on whether it was "rude" or effective in making incoming students aware of the climate on Dartmouth's campus or if just deterred students who might be victims from coming at all.
I will say that visibility and voice are crucial components to raising awareness of campus climate. With so many schools misreporting data about sexual assault, how can anyone--including the students--be expected to stay silent? Some called the protest at Dartmouth rude. But deliberate indifference and misreporting are illegal. I do not know what students had done prior to this protest to raise these issues with the administration. But if something illegal and dangerous is happening on their campus--whether it is one incident or a series of them--and these are not being openly addressed by administrators, then students have every right to protest--loudly even. There has to be transparency.
When sexual assault and discrimination occur administrators should not be telling students (and I am not suggesting this is happening at Dartmouth rather that it happens frequently) that things will be handled. There needs to be a balance between privacy and transparency. Dealing with individual cases in accordance with privacy laws is fine. But the measures that will be taken to deal with a hostile campus climate need to be developed cooperatively and openly. And every student needs to be made aware of campus policies regarding sexual assault and incidents of discrimination.
I was browsing the Amherst College website today and found a page titled Sexual Respect and Title IX. It was under the "About Amherst College" tab on the front page of the school's website. Students can easily find information about reporting sexual assault and seeking counseling. It also notes the steps Amherst has taken to deal with an arguably hostile climate for female students. It also shows prospective students and their parents that Amherst College does have sexual assaults on its campus. I think that is a pretty bold move. They are not hiding that fact. (Arguably after all the negative press last year, it would be hard to do so.)
So many schools are hiding the extent of sexual assault that occurs on their campuses, though.
In another effort to increase visibility of these issues, a group of students and recent alums are trying to fund the Know You IX Campaign which will be aimed at informing every college student about her rights under Title IX. More about what the group will do and how to donate can be found at the above link.
I will say that visibility and voice are crucial components to raising awareness of campus climate. With so many schools misreporting data about sexual assault, how can anyone--including the students--be expected to stay silent? Some called the protest at Dartmouth rude. But deliberate indifference and misreporting are illegal. I do not know what students had done prior to this protest to raise these issues with the administration. But if something illegal and dangerous is happening on their campus--whether it is one incident or a series of them--and these are not being openly addressed by administrators, then students have every right to protest--loudly even. There has to be transparency.
When sexual assault and discrimination occur administrators should not be telling students (and I am not suggesting this is happening at Dartmouth rather that it happens frequently) that things will be handled. There needs to be a balance between privacy and transparency. Dealing with individual cases in accordance with privacy laws is fine. But the measures that will be taken to deal with a hostile campus climate need to be developed cooperatively and openly. And every student needs to be made aware of campus policies regarding sexual assault and incidents of discrimination.
I was browsing the Amherst College website today and found a page titled Sexual Respect and Title IX. It was under the "About Amherst College" tab on the front page of the school's website. Students can easily find information about reporting sexual assault and seeking counseling. It also notes the steps Amherst has taken to deal with an arguably hostile climate for female students. It also shows prospective students and their parents that Amherst College does have sexual assaults on its campus. I think that is a pretty bold move. They are not hiding that fact. (Arguably after all the negative press last year, it would be hard to do so.)
So many schools are hiding the extent of sexual assault that occurs on their campuses, though.
In another effort to increase visibility of these issues, a group of students and recent alums are trying to fund the Know You IX Campaign which will be aimed at informing every college student about her rights under Title IX. More about what the group will do and how to donate can be found at the above link.
Wednesday, February 06, 2013
Amherst College issues sexual assault report
Amherst College issued its report last week on the institution's policies about sexual assault and its practices and procedures for dealing with reported assaults. As you might recall, the college gained national attention last fall when a former student wrote an editorial in the school's paper about the lack of support she received after being assaulted on campus. AC had already begun the process of policy review at that time, which was a good thing given the attention the college received--but handled well.
The school held a meeting (closed to press) last night to discuss the findings and the future. It seems like there is a tactic to use peer pressure: training people who are onlookers to assault and harassment to intervene as well as stopping things before they start (i.e., before the offensive t-shirt designed by the fraternity actually makes its way onto the backs of brothers). One focus will be on first-year students, according to Margaret Hunt, chairwoman of the committee.
"First year students are the ones that are most at risk for sexual assault. So we're very interested in trying to figure out ways to integrate first year students better, in a more healthy way into the campus community."
This statement is somewhat worrisome. Does she mean at-risk for committing assault and so there needs to be education about the kind of assault-free climate AC wants to create thus discouraging first-year students from committing assault? Or does she mean first-year students are more at risk for being victims of assault? If the latter...well it's problematic. Because what is being implied is that first-year female students put themselves at risk for sexual assault and so they need to be educated about what situations are safe. This kind of tactic puts the onus on the potential victim. Don't drink this, don't be in this space with this person, don't wear this, don't be alone here, or here, or here. That is less about climate change and more about maintaining a system in which some people feel privileged enough to engage in sexual harassment, aggression, or assault, and the rest of us have to figure out how to avoid those people. There is a lot of discussion everywhere--not just at AC--about changing the climate. But if we can't change our way of talking about sexual assault so that the solutions are not about changing the behaviors of potential victims, there will not be climate change.
I have not seen the statistics to which Hunt was referring, so I do not know which interpretation supports those stats. I suspect it is the latter, though I wish it was former.
The school held a meeting (closed to press) last night to discuss the findings and the future. It seems like there is a tactic to use peer pressure: training people who are onlookers to assault and harassment to intervene as well as stopping things before they start (i.e., before the offensive t-shirt designed by the fraternity actually makes its way onto the backs of brothers). One focus will be on first-year students, according to Margaret Hunt, chairwoman of the committee.
"First year students are the ones that are most at risk for sexual assault. So we're very interested in trying to figure out ways to integrate first year students better, in a more healthy way into the campus community."
This statement is somewhat worrisome. Does she mean at-risk for committing assault and so there needs to be education about the kind of assault-free climate AC wants to create thus discouraging first-year students from committing assault? Or does she mean first-year students are more at risk for being victims of assault? If the latter...well it's problematic. Because what is being implied is that first-year female students put themselves at risk for sexual assault and so they need to be educated about what situations are safe. This kind of tactic puts the onus on the potential victim. Don't drink this, don't be in this space with this person, don't wear this, don't be alone here, or here, or here. That is less about climate change and more about maintaining a system in which some people feel privileged enough to engage in sexual harassment, aggression, or assault, and the rest of us have to figure out how to avoid those people. There is a lot of discussion everywhere--not just at AC--about changing the climate. But if we can't change our way of talking about sexual assault so that the solutions are not about changing the behaviors of potential victims, there will not be climate change.
I have not seen the statistics to which Hunt was referring, so I do not know which interpretation supports those stats. I suspect it is the latter, though I wish it was former.
Tuesday, October 23, 2012
Amherst College responds
Students have been, it seems, emboldened by the national press their college has received over the climate on the Amherst College campus. They held a rally last Friday outside a Board of Trustees meeting. And the college is responding--publicly.
President Martin gave an interview to New England Public Radio yesterday morning. I was quite impressed by her statements. She gave a lot of credit to the students of Amherst College who have already been working on this issue. She referred to them as experts. She has hired an outside consultant to examine the policies around sexual assault and misconduct. She is bringing in outside counselors to the counseling center to specifically serve students who have been victims of sexual assault.
I was somewhat surprised by this. While I think it is a positive move, I am not quite sure why a college campus doesn't already have multiple staff members in their counseling center who are capable of working with students who experience sexual assault. This might be part of the issue around "climate," which the interviewer asked Martin about.
Policies can change, staff members can change--but how do you change a climate?
Friends and I had this discussion just last night in reference both to Amherst College and a recent article about the Boston University men's hockey team, which dismissed two players last season because of sexual assault allegations. An internal report found a "culture of entitlement" on the team which lead to the these assaults and was allowed to flourish because of lack of supervision or discipline by the coaching staff and university administration. BU has put several policies and practices in place in an attempt to change the culture.
But altering a culture, especially when it is so engrained, is difficult. According to the Globe article linked in the above paragraph, appealing to people's sense of right and wrong does not work. You have to tell them everyone else is doing it--whatever the it is. So in the case of a climate which fosters the sexual assault of women, do we tell people "hey, everyone else is NOT raping women--you shouldn't either"?
President Martin gave an interview to New England Public Radio yesterday morning. I was quite impressed by her statements. She gave a lot of credit to the students of Amherst College who have already been working on this issue. She referred to them as experts. She has hired an outside consultant to examine the policies around sexual assault and misconduct. She is bringing in outside counselors to the counseling center to specifically serve students who have been victims of sexual assault.
I was somewhat surprised by this. While I think it is a positive move, I am not quite sure why a college campus doesn't already have multiple staff members in their counseling center who are capable of working with students who experience sexual assault. This might be part of the issue around "climate," which the interviewer asked Martin about.
Policies can change, staff members can change--but how do you change a climate?
Friends and I had this discussion just last night in reference both to Amherst College and a recent article about the Boston University men's hockey team, which dismissed two players last season because of sexual assault allegations. An internal report found a "culture of entitlement" on the team which lead to the these assaults and was allowed to flourish because of lack of supervision or discipline by the coaching staff and university administration. BU has put several policies and practices in place in an attempt to change the culture.
But altering a culture, especially when it is so engrained, is difficult. According to the Globe article linked in the above paragraph, appealing to people's sense of right and wrong does not work. You have to tell them everyone else is doing it--whatever the it is. So in the case of a climate which fosters the sexual assault of women, do we tell people "hey, everyone else is NOT raping women--you shouldn't either"?
Monday, October 22, 2012
Will Amherst College change its culture?
It has been suggested that there is a somewhat underground culture of sexual misogyny at Amherst College in Massachusetts. An article on Jezebel last week discussed the issue of on-campus sexual assault, the seeming lack of support for alleged victims from "first responders", and how the underground, largely unacknowledged Greek system at Amherst has contributed to a dangerous sexual climate at the college.
One underground fraternity printed a t-shirt last year featuring a bikini-clad, woman hog-tied, with bruises on her body and roasting over a spit. According to the article, the administration held a meeting about the incident with fraternity members and other students which resulted in the fraternity having to issue an apology.
A recent story in the college's student paper was written by a former (she withdrew from the school) student who wrote of her experience being raped on campus and not receiving adequate help from college administrators. Other alleged victims have been coming forward complaining that administrators encourage them to forgive the men who assaulted them, or have discouraged them from moving forward with disciplinary action. One of the major offenders apparently is counseling services. I thought this was unusual. At my undergraduate institution the sexual assault organization, which offered counseling and advice negotiating the criminal and disciplinary process, was constantly criticized for being too sympathetic to female students who came to them reporting an assault.
The former student's report that she was denied even the possibility of changing dorms was very disturbing to read but also reminiscent of other cases we have written about where female students who was sexually assaulted and shushed by administration have tried to at least put physical distance between themselves and their assailants but have been turned down. These cases are Title IX cases and these stories are used as evidence that the college had prior knowledge about either a particular student's sexually violent behavior or a climate of sexual violence and took no steps to remedy it.
There are current and former students working to change the college's sexual assault policies (including that those found guilty of sexual assault receive a lesser punishment than students who steal another student's laptop!). Additionally there has to be something going on at Amherst that has so many students speaking out now--mostly anonymously--about their own experiences. Counseling services may require some alternations, but also a potential issue is the reporting and disciplinary systems. Are they up to snuff? Would they hold up if one of these students decided to file a lawsuit? Are these questions Amherst College is asking itself?
President Biddy Martin held a forum last weekend about the issues, allowing students to voice their concerns. The school has also issued formal statements, from Martin herself--whose convocation speech addressed the concept of sexual respect, as well as the Board of Trustees, all stating that these issues will be addressed.
I have a great amount of respect for Dr. Biddy Martin. I was quite pleased when she left Wisconsin and came to our Happy Valley. This is a problem she inherited. I hope she is very serious about her statements to change the culture at Amherst College.
One underground fraternity printed a t-shirt last year featuring a bikini-clad, woman hog-tied, with bruises on her body and roasting over a spit. According to the article, the administration held a meeting about the incident with fraternity members and other students which resulted in the fraternity having to issue an apology.
A recent story in the college's student paper was written by a former (she withdrew from the school) student who wrote of her experience being raped on campus and not receiving adequate help from college administrators. Other alleged victims have been coming forward complaining that administrators encourage them to forgive the men who assaulted them, or have discouraged them from moving forward with disciplinary action. One of the major offenders apparently is counseling services. I thought this was unusual. At my undergraduate institution the sexual assault organization, which offered counseling and advice negotiating the criminal and disciplinary process, was constantly criticized for being too sympathetic to female students who came to them reporting an assault.
The former student's report that she was denied even the possibility of changing dorms was very disturbing to read but also reminiscent of other cases we have written about where female students who was sexually assaulted and shushed by administration have tried to at least put physical distance between themselves and their assailants but have been turned down. These cases are Title IX cases and these stories are used as evidence that the college had prior knowledge about either a particular student's sexually violent behavior or a climate of sexual violence and took no steps to remedy it.
There are current and former students working to change the college's sexual assault policies (including that those found guilty of sexual assault receive a lesser punishment than students who steal another student's laptop!). Additionally there has to be something going on at Amherst that has so many students speaking out now--mostly anonymously--about their own experiences. Counseling services may require some alternations, but also a potential issue is the reporting and disciplinary systems. Are they up to snuff? Would they hold up if one of these students decided to file a lawsuit? Are these questions Amherst College is asking itself?
President Biddy Martin held a forum last weekend about the issues, allowing students to voice their concerns. The school has also issued formal statements, from Martin herself--whose convocation speech addressed the concept of sexual respect, as well as the Board of Trustees, all stating that these issues will be addressed.
I have a great amount of respect for Dr. Biddy Martin. I was quite pleased when she left Wisconsin and came to our Happy Valley. This is a problem she inherited. I hope she is very serious about her statements to change the culture at Amherst College.
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