mha sexual & gender violence presentation ccaw 2012 - 032612

Understanding Sexual & Gender Violence on

Campus

Dr. Gary J. Margolis

1

© Margolis Healy & Associates, LLC

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Our conversation today...

The Context

•Title IX

•Sexual Assault

•Stalking

•Intimate Partner Violence

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TITLE IX• Statutory, regulatory requirements and

OCR guidance

• OCR investigation/enforcement process

• Sexual harassment/violence definitions

• Scope of Title IX coverage

• Summary of institutional obligations

• OCR compliance review/complaint examples

Thanks to Jeff Nolan, Esq. (Dinse Knapp & McAndrew)


Title IX

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.


Title IX Regulations - 34 C.F.R. Part 106• § 106.4: Assurance of compliance required

of recipients of federal financial assistance

• § 106.8: Designation of responsible employee and adoption of grievance procedure

• § 106.9: Notification of Title IX nondiscrimination obligations in education programs and employment

• § 106.31: “no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity . . .”


Dep’t of Educ. Office for Civil Rights• “The mission of the Office for Civil

Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.”

• Enforces laws that prohibit discrimination in education on basis of race, color, national origin (Title VI), sex (Title IX), disability (Section 504 & ADA) and age (Age Discrim. Act 1975)


Dep’t of Educ. Office for Civil Rights

OCR Activities, e.g.:

• Investigates individual complaints

• Conducts agency-initiated compliance reviews

• Provides technical assistance to promote voluntary compliance


OCR Enforcement Process

Theoretically, negative OCR findings can result in:

• loss of federal funding through Dept. of ED proceedings, or

• referral to Dept. of Justice for litigation


OCR Enforcement Process

Practically, resolutions are negotiated with recipients, who take “voluntary remedial actions”

• Policy issues: policy deficiencies are remedied

• Example individual complaint remedies:

• Providing changes in class and residential arrangements

• Providing counseling, academic, medical and other supports and accommodations

• Providing broad-based training for students, employees


OCR Title IX Resources

• April 2011 OCR Dear Colleague Letter: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf

• OCR 2001 Revised Sexual Harassment Guidance: http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf

• 2010 Dear Colleague letter on Harassment and Bullying: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf


Sexual Harassment Definition

Unwelcome conduct of a sexual nature

• includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

Student-to-student harassment:

• creates hostile environment if conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.

The more severe the conduct, the less need there is to show a repetitive series of incidents to prove hostile environment, particularly if the harassment is physical (e.g. rape=hostile environment)


Sexual Violence Definition

Sexual violence is a form of sexual harassment prohibited by Title IX.

• Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol

• An individual also may be unable to give consent due to an intellectual or other disability

• May include rape, sexual assault, sexual battery, and sexual coercion


Scope of Coverage

Title IX protects students from sexual harassment in an institution’s education programs and activities, including:

• All academic, educational, extracurricular, athletic, and other programs of the institution

• On-campus, off-campus, in transit, sponsored at other domestic locations, etc.


Summary of Institutional Obligations

• If institution knows or reasonably should know about sexual harassment that creates a hostile environment, Title IX requires immediate action to eliminate the harassment, prevent its recurrence, and address its effects.

• Must designate Title IX Coordinator, publish notice of nondiscrimination, and adopt and publish grievance procedures.



• Train employees to report harassment to appropriate institutional officials

• Train employees with authority to address harassment, or who are likely to witness it or receive reports, how to respond properly

• OCR examples: “teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors.”



• Investigate complaints adequately, reliably and impartially

• Provide grievance procedures that promote prompt, equitable resolution of complaints

• Undertake education and prevention efforts


• Education and prevention efforts should include:

• Comprehensive victim resources

• Development of specific sexual violence prevention materials that:

• Include institution’s relevant policies, rules and resources

• Are incorporated into employee handbooks and student, student-athlete and student group handbooks

• Regular assessment of student activities




Education and prevention efforts should also include incorporation of awareness and reporting training into:

• Orientation programs for new students, faculty and staff

• Training for resident advisors

• Training for student athletes and coaches

• Institutional assemblies



Awareness and reporting training should cover:

• Definitions of sexual harassment/violence

• Institution’s policies and disciplinary procedures

• Consequences for violations

• Encouragement of reporting to institution and/or law enforcement

• Encouragement of reporting even if alcohol/drugs involved (student safety is primary concern)


SEXUAL ASSAULT

STALKING

INTIMATE PARTNER VIOLENCE


In a survey of more than 6000 students at 32 colleges and universities in the U.S., it was found that:

•1 in 4 women had been victims of rape or attempted rape

•Only 27% of the women considered themselves to be victims of rape, although their assaults met the legal definition of rape

•84% of the rape victims knew their attacker

Sexual Assault


Sexual Assault

•57% of the rapes happened on dates

•42% told no one of the assault, and only 5% reported to the police

Warshaw, Robin. I Never Called it Rape: The Ms. Report on Recognizing and Surviving Date and Acquaintance Rape. New York: Harper Perennial, 1994.


What about the guys?

•More than 8% of male college students committed acts that met the legal definition of rape or sexual assault (Warshaw, 1988)(Lisak)

•88% of men whose actions came under the legal definition of rape were adamant that their behavior did not constitute rape. (Warshaw, 1988)

•13% of Naval recruits admitted perpetrating rape or attempted rape prior to or during 1st year of military service. (McWhorter, Stander, Merrill, 2009)


Sexual Assault

At least 20% of American men report having perpetrated sexual assault and 5 percent report having committed rape (Crowell and Burgess 1996; Spitzberg 1999; Tjaden and Thoennes 2000)


Sexual Assault•Alcohol and other substances are

used intentionally by men who commit rape (alcohol is the “weapon of choice”)

•55% of men who admitted to committing rape and 53% of women who experienced rape were drinking at the time

•If both parties are drinking, society often blames the victim and excuses the offender


Barriers to reporting

•Confusion; was that rape?

•Self blame

•Minimization

•Fear of not being believed

•Fear of the response of others (especially in specialized communities such as LGBTQ)

•Fear of offender


Prevalence of Stalking

• Estimated 6.6 million people are stalked annually- Stalking Victimization in the United States, BJS (2011)

• 1 out of every 4 U.S. Women and 1 out of every 19 U.S. men has been stalked at some point

- National Violence Against Women Survey (2011)

• 13.1% of college women were stalked during one semester of college.

- The Sexual Victimization of College Women (2000)

• Individuals under 25 experience the highest rates

National Stalking Resource Center


Prevalence of Stalking

Rates of stalking among college students exceed the prevalence rates found in the general population.

•27% of women and 15% of men - Fremouw et all (1997)

•25% of women and 11% of men- Bjerregaard (2000)

•During one 9-month period, 13.1% of college women surveyed reporting being stalked


Stalking

•Women more likely to experience stalking victimization

•Most stalkers are male

•Males equally likely to be stalked by a male or female

•The majority of victims know their stalkers


Victim Offender Relationship

Person of authority

Family member

Stranger

Aquaintance

Current/former intimate partner

0% 10% 20% 30% 40% 50% 60% 70%

2.5%

6.8%

13.2%

24.0%

66.2%

5.3%

19.0%

40.0%

41.4%

Female

Male

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)


Stalking Behaviors

12%

29%

31%

31%

34%

36%

66%

0% 10% 20% 30% 40% 50% 60% 70%

leaving unwanted presents

waiting for victim

showing up at places

unwanted letters and email

following or spying

spreading rumors

unwanted phone calls and messages

- Stalking Victimization in the United States, BJS (2009)


3/4 of women who experienced stalking-related behaviors experienced other forms of victimization (sexual, physical, or both)

•Stalking and physical assault only 8%

•Stalking and rape/sexual assault only 26%

•Stalking, physical and rape/sexual assault 11%

- Stalking acknowledgement and reporting among college women experiencing intrusive behaviors (2007)

Stalking


IPV and Stalking

• 81% of stalking victims who were stalked by an intimate partner reported that they had also been physically assaulted by that partner.

• 31% were also sexually assaulted by that partner

NVAW Survey


Stalking Behaviors

6%

30%

27%

42%

72%

9%

29%

33%

61%

82%

Killed or threatened pet

Vandalism

Sent/left unwanted letters, items

Made unwanted phone calls

Followed, spied on, stood outside home, etc.

0% 18% 36% 54% 72% 90%

Female Victims (N=625)

Male Victims (N=168)

Percentage of cases

Stalking Behaviors


Prevalence– Femicide Study

• 76% of femicide cases involved at least one episode of stalking within 12 months prior to the murder

• 85% of attempted femicide cases involved at least one episode of stalking within 12 months prior to the attempted murder


Physical Abuse & Stalking

89%

56%

91%

68%

Abused victims who were stalkedNonabused victims who were stalked

0%

20%

40%

60%

80%

100%

Femicide Victims

Attempted Femicide Victims

Percentage of cases

Physical Abuse and Stalking


Stalking Behaviors

53%

47% 45%60%

46% 43%

Followed/Spied onWaited outside house/school/work

Unwanted phone calls

0%

20%

40%

60%

80%

100%

Femicide Victims

Attempted Femicide Victims

Percentages of cases

Stalking Behaviors


Reports to Law Enforcement

• 54% of femicide victims reported stalking to police before they were killed by their stalkers

• 46% of attempted femicide victims reported stalking to police before the attempted murder


Intimate Partner Violence

Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, domestic partner, or intimate partner; in many states it includes roommates.


IPV – The Reality

32% of students report dating violence by a previous partner, and 21% report violence by a current partner.

C. Sellers and M. Bromley, “Violent Behavior in College Student Dating Relationships,” Journal of Contemporary Justice, (1996).


IPV – The Reality

Females ages 16-24 are more vulnerable to intimate partner violence than any other age group– at a rate almost triple the national average.

U.S. Department of Justice, Bureau of Justice Statistics, Special Report: Intimate Partner Violence and Age of Victim, 1993-99 (Oct. 2001, rev. 11/28/01).

Domestic violence is the leading cause of injury to women outnumbering car accidents, rapes and muggings combined.


Contact

Dr. Gary J. Margolis

[email protected]

1-866-817-5817

mailto:[email protected]

mha sexual & gender violence presentation ccaw 2012 - 032612

Education

ocr title

sexual assault

sexual nature

sexual battery

sex title

notification of title

context title

sexual gender violence