The violent act of rape has been part of the evolution of the human race as far as human understanding goes. In the constant struggle for power between human beings, rapists use sexual assault as a means to gain or reassert power. A mighty tool, rape continually disenfranchises a large percentage of the world population. Historically, and presently, rape affects women at a disproportionate rate. The 1 and 4 women statistic often finds itself in conversation, a generally accepted fact of todays life. Not only does rape affect a large amount of the population, it is also a widely underreported crime, cited by some as the most underreported crime of all. Rape and sexual assault have become an ever-growing issue on college campuses today. Newspapers and cable outlets increasingly refer to the occurrence of rape on campuses as an epidemic. With the sexual freedoms, exposure to alcohol and other substances, reduced supervision, and lack of education, rape culture has become an indomitable monster. Universities seem to place a stronger emphasis on self-defense and avoidance techniques rather than education on consent and the role of mind-altering substances on sexual encounters. Furthermore, sexual assault survivors at many universities have experienced a general lack of support from their educational institutions, leading to a number of Title IX investigations across the country. Rape reporting possesses a remarkably low percentage of 28 (Bureau of Justice Statistics, 2012-13). The few victims that know and understand the reporting procedure are being failed by their universities, and the greater percentage are entirely uneducated on how to proceed after a sexual assault, not to mention discouraged to by the previous experiences of other victims on campus.
Established Policy Title IX affords all students the right to be free from discrimination on the basis of sex. In order to receive any amount of federal funding, universities, as well as public primary and secondary schools, must comply with the standards and procedures set forth by Title IX. Although the actual text of Title IX is somewhat limited, the Office of Civil Rights branch of the Department of Education continually addresses and reviews the standards. In 2011, the Assistant Secretary for Civil Rights wrote the Dear Colleague letter, addressing some of the disparities of the implementation of Title IX, clarifying how schools must comply and setting forth guidelines on how to accurate implement Title IX procedures. Title IX requires universities to also adhere to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, which provides students with timely warnings of any dangerous activity on campus and also requires universities to public keep crime logs. The Clery Act requires a mandatory annual crime report from all federally funded institutions (Karjane et al.) The Dear Colleague letter outlines many facets in which universities have been found lacking. First of all, all federally funded universities must have a Title IX coordinator. All schools need to clearly state in their notices of non-discrimination that sexual assault falls under the blanket term of discrimination. Schools must have clearly outlined grievances procedures, and must make these visible and available to the student body. Schools must also provide equitable and timely solution to the reported assault (Dear Colleague, 2011).
The stipulations in the Dear Colleague letter clearly define how to handle sexual assault and how to address the needs of the victim and still maintain due process for the accused. However, as well-documented and explained as Title IX might be, schools apply the policies unevenly and in detrimental ways to both the victims and the alleged perpetrators. Fewer than half of four-year universities accurately instruct students on how to file criminal charges (Karjane). Sometimes, schools use differing terminologies that might confuse students about what exactly falls under the umbrella of discrimination. Finding the Title IX website for Penn State requires quite a bit of searching unless a direct search of title IX Penn State is done on a search engine. Most victims might not necessarily know that sexual assault falls under the protection of Title IX because the university provides a generally poor level of education. The accused must also be informed of their rights; allowing them due process is a crucial part of arriving at an equitable and timely solution. The Dear Colleague letter addresses the burden of proof. Although many universities hold to a beyond reasonable doubt standard, the letter actually establishes a preponderance of doubt standard, meaning that if the rape is more likely to have happened than not, then the complainant has provided enough evidence (Dear Colleague). Often, universities see Title IX compliance as a grey area. The Columbia Deputy Title IX coordinator, Michael Dunn, was quoted in the school paper The Columbia Spectator, saying: If you look nationwide, I don't think anybody is sure they're Title IX compliant (Bogler).
Necessity Sexual assault victims most commonly experience acquaintance rape. Rarely do rapes by strangers occur on college campuses, usually making the self-defense tactics endorsed by universities inadequate. Most rapes in college occur with people the victims previously trusted, and many situations include alcohol and have circumstantially difficult aspects to allow a victim to escape. College students, specifically male college students, generally lack education on the language of consent and see their male dominance over their female peers as just a part of the college experience. Acquaintance rape further complicates sexual assault in that rape by strangers usually involves violence, intimidation and fear. While acquaintance rape might include all three of these aspects, the misconception prevails that a person who is intoxicated can consent. With stranger rape, strong refusal is often present, but with acquaintance rape, the victim is often incapacitated. Alcohol factors into 50% of college sexual assaults (Cowley). Based on gender roles and differences, men typically initiate sexual contact which women are initially supposed to resist, even in consensual situations. Consensual sex scripts therefore, hold many similarities to the initial stages of sexual assault, clearly highlight the harm of these rigidly established roles (Cowley). The culture on college campuses allows for men to be dominant and aggressive; in fact, this behavior has become the norm. All of these factors, in addition to the preconceived notions about the effect of alcohol, combine to encourage and normalize aggression in men and require submissiveness and promiscuity in women (Cowley). Not only do these gendered views affect men and womens perceptions of one another, they inform self- image, with girls perceiving unwanted sexual contact as a norm, and men seeing sexual attention from women as always welcome. Women often internalize these views and victim blame themselves and each other, directly affecting the rate of reporting.
Policy and Solvency The Office for Civil Rights, with its Dear Colleague letter, has created an effective mechanism to process complaints of sexual discrimination. However, the policies must be implemented correctly and evenly in order to begin to lessen the occurrence of sexual assaults on college campus and to change the surrounding culture. Although Title IX stipulates that every school must have a visible and active Title IX coordinator, that position continues to be insufficient. The Title IX coordinator job strives to help adherence to a federal standard, but in the end, the university employs the coordinator. A stronger level of oversight from the Office for Civil Rights would make Title IX compliance far more uniform and effective. Rather than waiting for cases to be reported to the OCR by students who feel mistreated, an employee of the OCR should be assigned to each region of schools (post-secondary). With a federal employee overseeing every Title IX coordinator, schools will be much more likely to remain Title IX compliant. In terms of methodology, schools regions would have to be outlined first. Because one single overseeing coordinator could not handle the bulk of cases, more than one overseeing OCR member might be an advisable step. In addition to that, cases should be selected at random in order to ensure colleges are not treating cases that they know will be examined differently. With an overseeing coordinator, the necessity for investigations would take much less time procedurally and would be more likely to be qualified as valid since the complaint would be internal.
A double-headed approach to the epidemic will resolve the issues in a more lasting way. In addition to lessening the disparities in Title IX implementation, education on the reporting, grievance, and disciplinary procedures must be made more visible. Students should see the name of their Title IX coordinator much more often and should be able to identify where to find them and how to contact them without digging through endless webpages. At least for Penn State, more information about Title IX should be included in SAFE and AWARE. Any students having to attend BASICS should be reminded of the relationship between sexual assault and alcohol. On the Center for Women Students (CWS) website, there should a direct link to the report form for sexual misconduct. Instead of the SHARE (Sexual Harassment and Assault Reporting and Education) acronym, the link that leads off the CWS website to the SHARE website should be more obviously labeled as the place to find information and reporting rape and the grievance procedure. The grievance procedure needs to also be a part of SAFE and AWARE and a module should be required every year before classes begin to refresh students memories about the resources available to them. The Clery notices are very visible on the Penn State campus, a step in the right direction. Alongside them, instructions on who to contact to report a rape, both to the university and the police, and where to find information on grievance procedures should be provided. In order to ensure no vandalism occurs to these instructions, they should be placed permanently (ie not on paper) on any place where Clery notices are posted (doors leading to most university buildings). Besides these instructions, information on consent needs to be widely distributed around campus, in a way that becomes impossible to ignore. Schools should create media campaigns based around ideas of consent that will attract the attention of students. Specifics of the language of consent must also be a large part of alcohol education.
Conclusion Sexual assault on college campuses must be addressed. Many victims face detrimental effects to their mental, social and physical health, and a decline in their academic progress. Victims often suffer for Post-Traumatic Stress Disorder (PTSD). Too large of a percentage of young women are affected by rape, and the culture needs to change in order to progress as a society. Conditions must be safe for education in order to optimize learning and create a strong worker base. With a double-headed approach like the one proposed, policy and culture can change hand in hand. If women are more informed about their rights, they will be more assertive in every aspect of life, including both consensual and nonconsensual sexual situations. With assertiveness, knowledge and responsibility, culture will see change.
Bibliography
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