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The Campus Sexual Violence Elimination Act: What You Need to Know
1. RTI International
The Campus Sexual Violence Elimination Act:
What You Need to Know
Olivia Ashley, RTI International
Jennifer Hill and Sandra L. Martin,
University of North Carolina at Chapel Hill
Healthy Teen Network 35th Annual
National Conference
October 22, 2014
Austin, Texas
RTI International is a trade name of Research Triangle Institute. www.rti.org
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2. RTI International
Suggested citation
Ashley, O., Hill, J., & Martin, S. (2014). The Campus
Sexual Violence Elimination Act: What you need to
know. Austin, TX: Healthy Teen Network’s 35th Annual
National Conference.
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3. RTI International
Learning objectives
By the end of the workshop session, participants will be
able to
discuss information contained in the White House
reports on sexual assault on college campuses, as well
as federal policy requirements regarding response to
campus sexual assault
describe strategies for complying with these federal
policy requirements
identify best practices for ensuring effective responses to
sexual violence experienced by teens
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Presentation overview
Introduction
– Definitions
– How can you use today’s information?
– Prevalence, consequences, and risk factors for sexual violence
– Recent multiple high-profile criminal, civil, and regulatory actions
White House report and federal policy requirements
Strategies for complying
Best practices
Each segment includes time for questions and networking/
interaction.
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Definitions
Domestic violence (U.S. Department of Justice, n.d.)
– Pattern of abusive behavior by an intimate partner to
gain/maintain power/control over the other intimate partner
– Physical, sexual, emotional, economic, or psychological actions
or threats that influence another person, including behaviors that
intimidate, manipulate, humiliate, isolate, frighten, terrorize,
coerce, threaten, blame, hurt, injure, or wound someone
– Also known as domestic abuse, spousal abuse, battering, and
intimate partner violence (IPV)
– Can be experienced by persons in heterosexual or same-sex
relationships
– Can range from subtle, coercive forms of abuse to violent
physical abuse
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Definitions (continued)
Dating violence (U.S. Department of Justice, n.d.)
– Violence committed by a person who is/has been in a social
relationship of a romantic or intimate nature with the victim
– Existence of such a relationship is determined based on the
following: length of relationship; type of relationship; and
frequency of interaction between the persons involved
Sexual assault (U.S. Department of Justice, n.d.)
– Any type of sexual contact or behavior that occurs by force or
without consent of the recipient
Includes forced sexual intercourse, sodomy, child molestation, incest,
fondling, and attempted rape
Includes sexual acts against people unable to consent either due to age or
lack of capacity
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Definitions (continued)
Stalking (National Center for Victims of Crime, 2002;
U.S. Department of Justice, n.d.)
– Pattern of repeated and unwanted attention, harassment,
contact, or any other course of conduct directed at a specific
person that would cause a reasonable person to feel fear
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Definitions (continued)
Insti tution of higher education (IHE; Higher Education
Act of 1965)
– Awards a bachelor’s degree or not less than a 2 year program
that provides credit towards a degree or
– Provides not less than 1 year of training towards gainful
employment or
– Vocational program that provides training for gainful employment
and has been in existence for at least two years.
– Admits as regular students only persons with a high school
diploma or equivalent; or admits as regular students persons who
are beyond the age of compulsory school attendance
– Public, private, or non-profit
– Accredited or pre-accredited and authorized to operate in that
state
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How can you use today’s information?
Work on IHE campus
– Assess level of compliance with important federal policy
requirements, including legislation that went into effect October 1,
2014
Partner with IHE campus staff
– Understand policies that affect students and partners
Serve teens not on IHE campus
– Important lessons learned for secondary schools
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Prevalence
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College
• 19-25% female
undergraduates
experience attempted or
completed rape
• 6-22% dating violence
victimization rate
Teen
• 29% of sexual assault
victims are between ages
12-17
• Girls ages 16-19 are 4
times more likely than
general population to be
victims of sexual assault
• 29% of 6th graders with a
recent boyfriend/girlfriend
reported perpetrating
physical dating violence
Sources: American College Health Association, 2013; Gover et al., 2006;
Knowledge Networks, 2011; Krebs et al., 2009a, 2009b; Luthra & Gidycz,
2006; Martin et al., 2011; Miller et al., 2009; Rothman & Silverman, 2007;
Saewyc et al., 2009; Thoennes & Tjaden, 2000
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Consequences
Physical injury
Depression
Anxiety
PTSD
Suicide
Sleep disorders
Fighting
Risky sexual behavior
(decreased condom
use)
Pregnancy
Unhealthy weight control
behavior
Poor school
performance
Leaving school
Repeat victimization
Substance abuse
Developmental
problems
Reduced self-esteem
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Sources: Amar, 2006; Carr, 2005; DuRant et al., 2007; Roberts et al., 2005
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Risk factors
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College
• Prior
victimization
• Heavy drinking
by victim and/or
perpetrator
• First year
student status
• LGBTQ
Teen
• Prior
experience of
child sexual
abuse
• Endorsement of
rape myths
Sources: Abbey et al., 2004; Cutbush et al., 2010; Martin et al., 2011
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Multiple investigations of Title IX violations
US Department of Education's Office for Civil Rights (OCR)
released list of 89 IHEs under investigation for possible
violations of the handling of sexual harassment/violence
complaints (Title IX violations)
The list is to be updated regularly and is available from OCR.
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Examples
A school’s failure to stop harassment on campus after a
university hearing found an attacker responsible for
sexual misconduct and breaking and entering
A school’s sexual assault policy requiring victims to
produce “independent corroboration” (proof of the
offense) before school officials would afford victims fair
redress for their sexual assault complaints
A school’s forensic nurse changing a medical report to
state falsely that there were no vaginal injuries and
destroying or suppressing evidence at a hearing of
photographs she took of the vaginal injuries
Sources: Kingkade, 2013; Murphy, 2013
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Federal policy requirements regarding
response to campus sexual assault
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Recommendations from NIJ report
Given the ongoing changes in Federal law and state
statutes in the area of sexual violence, sexual
misconduct policies should be regularly assessed for
compliance to
– legal mandates
– survivors’ needs
– the school’s overall mission
Source: Karjane et al., 2002
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Information in “Not Alone” report
How schools can identify sexual assault on campus
using “climate surveys”
Promising strategies schools can use to prevent sexual
assault on campus
Promising strategies schools can use for responding to
sexual assault on campus
Strategies undertaken to improve and make more
transparent the federal government’s enforcement efforts
The focus is on colleges and universities, but they will
also be doing a report for high schools and elementary
schools
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Federal policies related to campus sexual
harassment/violence
Title IX
The Clery Act
Campus SaVE Act
FERPA
Campus Sex Crimes Prevention Act
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Title IX of the Educational Amendments of 1972
A federal civil rights law that prohibits discrimination on
the basis of sex against any person in education
programs and activities receiving federal funding.
Programs or activities receiving federal financial
assistance include virtually all public and private colleges
and universities, and all public elementary and secondary
schools.
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Schools’ responsibilities regarding
sexual harassment/violence under Title IX
Respond promptly and effectively to reports of sexual
harassment, including sexual violence, that creates a
hostile environment
Sexual Harassment = Unwelcome conduct of a sexual
nature (sexual advances, request for sexual favors, and
other verbal, nonverbal, or physical conduct of a sexual
nature
Sexual Violence = A form of sexual harassment
referring to physical sexual acts perpetrated against a
person’s will or when a person is incapable to giving
consent – acts include rape, sexual assault, sexual
battery, sexual abuse and sexual coercion
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Schools’ responsibilities regarding
sexual harassment/violence under Title IX (continued)
Employees are required to report cases of possible sexual
harassment to the Title IX coordinator or other school
designee
Title IX coordinator leads/directs a timely investigation of the
cases to determine what occurred, and then takes
appropriate steps to resolve the situation
The school must ensure that the person who experienced
the sexual harassment is safe, even while an investigation is
ongoing
Criminal investigation into allegations of sexual violence
does not relieve a school of its duty under Title IX to resolve
reports promptly and effectively
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The Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery Act)
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Jeanne
Clery
(1966-1986)
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The Clery Act
Promotes college and university safety by informing
students, employees, parents and the broader community
about important public safety and crime prevention matters
Colleges and universities receiving Title IX funds must
disclose:
– Crime statistics for sex offenses that occurred on or
near campus that were reported to campus security
authorities and local law enforcement
– Campus safety policies and procedures that address
the topic of sexual assault prevention and emergency
response
Source: Clery Center for Security on Campus, 2012
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Campus Sexual Violence Elimination Act
(Campus SaVE Act)
Amendment to the Clery Act enacted during the 2013
reauthorization of the Violence Against Women Act (VAWA)
of 1994
Colleges and universities must implement SaVE no later than
October 1, 2014 – in effect by the 2014-2015 academic year
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Source: The Campus Sexual Violence Elimination Act, 2013
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Campus Sexual Violence Elimination Act
(Campus SaVE Act)
Broadens the types of crimes that colleges
and universities must report to also
include:
– Domestic Violence
– Dating Violence
– Stalking
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Campus Sexual Violence Elimination Act
(Campus SaVE Act)
Mandates that victims reporting be provided with written
information on their rights to:
• Be assisted by campus authorities if reporting crime to law
enforcement
• Change academic, living, transportation, or working situations to
avoid a hostile environment
• Obtain or enforce a no contact directive or restraining order
• Have a clear description of their institution’s disciplinary process
and know the range of possible sanctions
• Receive contact information about existing counseling, health,
mental health, victim advocacy, legal assistance, and other
services available both on-campus and in the community
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Campus Sexual Violence Elimination Act
(Campus SaVE Act)
SaVE clarifies minimum standards for institutional disciplinary
procedures covering domestic violence, dating violence, sexual
assault, and stalking to ensure that:
• Proceedings shall provide a prompt, fair, and impartial
investigation and resolution and are conducted by officials
receiving annual training on domestic violence, sexual
assault, and stalking
• Both parties may have others present during an institutional
disciplinary proceeding and any related meeting, including
an advisor of their choice
• Both parties will receive written outcomes of all disciplinary
proceedings at the same time
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Campus Sexual Violence Elimination Act
(Campus SaVE Act)
SaVE instructs colleges and universities to provide
programming for students and employees addressing the
issues of domestic violence, dating violence, sexual assault and
stalking. Education programs shall include:
– Primary prevention and awareness programs for all
incoming students and new employees
– Safe and positive options for bystander intervention
– Information on risk reduction to recognize warning signs of
abusive behavior
– Ongoing prevention and awareness programs for students
and faculty
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Family Educational Rights and Privacy Act
(FERPA)
• Federal law protecting privacy of student education records
• Applies to all schools that receive funds from the US
Department of Education
• Parents can see school records of children <18 years old,
and students aged 18 years or older can see their own
school records, and can request corrections of inaccurate
information
• Schools must have written permission to release any
information within a student’s educational record, EXCEPT
in particular instances (e.g., to school officials with
legitimate educational interest, to schools to which a student
is transferring, etc.)
Source: U.S. Department of Education, 2014
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How FERPA relates to campus
sexual harassment/violence
FERPA includes provisions that allows schools to disclose
alleged victims of any crime of violence or rape and other
sexual assaults, whether or not its investigation found
evidence that sexual violence occurred and the final results
of any disciplinary proceedings conducted by the institution
against the alleged perpetrator
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Campus Sex Crimes Prevention Act
Enacted in 2000
Requires sex offenders to provide notice of enrollment or
employment at any institution of higher education in the
state that they reside
FERPA was amended to assure that educational
institutions may disclose information concerning sex
offenders
Sources: The Catholic University of America, 2013; U.S. Department of
Education, 2002
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Inappropriate campus responses
Sexual harassment and sexual assault grievance
procedures do not provide for prompt and equitable
resolution of complaints
– Confusing and burdensome requirements about where to file
complaints
– Procedures do not allow complainants to present evidence during
investigation
– Procedures do not include timeframes for investigations or
resolutions
– Student charged treated differently than the victim
Given a great deal more info
Pre-hearing meeting
Allowed to present evidence and witnesses
– Delay in notifying complainant of appeal and outcome
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Resolution agreements
Clear information about procedures and where to file a
report disseminated broadly
Improved mechanisms for a thorough and objective
investigation, including opportunity for complainants to
present evidence, rebut testimony, and present
witnesses
Establish a committee of students, including women’s
groups and student athletes to identify strategies for
ensuring that students understand their rights
Freshman orientation program to ensure that students
understand how and with whom to report incidents of
sexual harassment and sexual assault
Sources: Coleman, 2007; Criswell, n.d.; Stephens, 2004
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Strategies for compliance: White House
report promising practices
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Provide trained, confidential victim
advocates
Provide 24 hour crisis services
Develop partnerships with community rape
crisis centers
Conduct regular climate surveys
Provide a comprehensive sexual assault
misconduct policy
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Similarities between IHEs and secondary
education
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• In 2007-2008 school year
• 800 reported incidences of rape or completed rape
• 3,800 other incidences of sexual battery at public high
schools
• Title IX applies to ALL schools receiving federally funded
assistance
• Title IX protects students taking part in any school-related
activity, no matter the location
• Title IX can apply even if the incidence happens off
school grounds outside school-related activities
Source: Ali, 2011
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Applications for staff working with high
school-age youth
Become knowledgeable about the school’s policies and
procedures
Encourage reporting
Take reports seriously and respond quickly and
appropriately
Elevate reports, even if there is not clear evidence
– Remember, investigation and determination of outcome are the
responsibility of trained specialists
Treat all students equally
Avoid victim blaming
Assess and ensure student safety and well-being
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Best practices: 9 essential issues in a
sexual assault misconduct policy
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1. Define the behaviors that constitute sexual assault and consent.
2. State the institution’s commitment to recognizing and managing sexual
misconduct.
3. Design, promote, and provide training for students, faculty, and staff that
details what to do when someone discloses a sexual assault.
4. Encourage reporting by clarifying and sharing expectations related to
confidentiality, assistance, and intervention.
5. Provide information about resources available for both intervention (to
ensure victim safety, support, and health) and prevention (education and
outreach).
6. In the policies, public information, and training events, encourage
reporting by addressing commonly shared victim concerns
(confidentiality, reprisal by the offender, and lack of understanding about
possible sanctions or processes).
Source: McMahon, 2008
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Best practices: 9 issues (continued)
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7. Remove obstacles to victim reporting
• Affirm the emotional trauma a victim experiences with services
available to aid the victim with this trauma;
• Provide for the safety needs of the victim by coordinating with on-and
off-campus services;
• Demonstrate a legal system that is sympathetic to the victim’s
needs through written law enforcement protocols;
• Offer essential medical services;
• Educate the campus on the needs of a victim of sexual assault in
new student orientation programs and prevention programs
directed at Greek organizations and athletics;
• Work to provide confidentiality for the victim; and
• Provide a list of institutional remedial areas of assistance
(academic, housing, no contact orders).
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Best practices: 9 issues (continued)
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8. Establish protocols for investigating sexual assault
and sanctions to discipline perpetrators.
9. Document implementation of the policies and
procedures, periodically review them for
effectiveness, and update regularly to maintain
current information.
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Best practices: Guidance on sexual
misconduct policies
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• Establish prohibition against retaliation for a victim
or an individual participating in the investigation or
hearing process
• Amnesty: Prioritize the physical safety of students
by removing obstacles to reporting sexual
misconduct
• Good Samaritan policies
Sources: Students Active for Ending Rape, 2014;
U.S. Department of Education, 2001
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Applicability of lessons learned
Consider broadly the school’s role in preventing,
reporting, and responding to
– Sexual misconduct
– Dating violence
– Stalking
Proactively prepare written information to
provide to victims and accused perpetrators
Proactively establish timelines for investigation
and resolution
Critically assess whether all students are treated
equally
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Small group discussion
Share best practices you are already implementing
Identify one new best practice you are interested in
addressing
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Who are you not reaching?
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• Who are the students who are consistently not
reporting sexual assault?
• How do you know?
• Who are they, and why don’t they report?
• Where in the system is there a barrier to them?
• Is there a pattern?
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Take-home points
Sexual violence is common among young people
Schools are responsible for protecting students
Become knowledgeable about federal requirements
Take advantage of the multiple resources to assist with
meeting federal requirements
Evaluate your policy, procedures, and implementation
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55. RTI International
For more information
Olivia Ashley Jennifer Hill
RTI International UNC-Chapel Hill
919-541-6427 856-979-2240
osilber@rti.org jenniferhill@unc.edu
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References
Abbey, A., Zawacki, T., Buck, P. O., Clinton, A. M., & McAuslan, P.
(2004). Sexual assault and alcohol consumption: What do we know
about their relationship and what types of research are still needed?
Aggression and Violent Behavior, 9, 271–303.
Ali, R. (2011). Dear colleague letter: Sexual violence. Washington,
DC: U.S. Department of Education, Office for Civil Rights. Retrieved
from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-
201104.pdf
Amar, A. F. (2008). African-American college women’s perceptions
of resources and barriers when reporting forced sex. Journal of
National Black Nurses’ Association, 19(2), 35-41.
American College Health Association. (2013). National College
Health Assessment: Spring 2013 reference group executive
summary. Retrieved from http://www.acha-ncha.org/docs/ACHA-NCHA-
II_ReferenceGroup_ExecutiveSummary_Spring2013.pdf
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References (continued)
Anderson, N. (2014). Tally of federal probes of colleges on sexual
violence grows 50 percent since May. The Washington Post.
Available at: http://www.washingtonpost.com/local/education/tally-of-federal-
probes-of-colleges-on-sexual-violence-grows-50-percent-since-
may/2014/10/19/b253f02e-54aa-11e4-809b-
8cc0a295c773_story.html
The Campus Sexual Violence Elimination Act. (2013). Available at
http://www.cleryact.info/campus-save-act.html
Carr, J. L. (2005). Campus violence white paper. Baltimore:
American College Health Association.
The Catholic University of America. (2013). Campus Sex Crimes
Prevention Act. Available at:
http://counsel.cua.edu/fedlaw/CSCPA.cfm
Clark, M. (2014). College sexual assault: A campus-by-campus
report card. MSNBC. Available at: http://www.msnbc.com/ronan-farrow-
daily/college-sexual-assault-campus-campus-report-card
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References (continued)
Clery Center for Security on Campus. (2012). Summary of the
Jeanne Clery Act. Available at: http://clerycenter.org/summary-jeanne-
clery-act
Coleman, M. (2007). Available at:
http://www.ncherm.org/documents/66-TempleUniversity-
03062060.pdf
Criswell, C. D. (n.d.). Available at:
http://www.ncherm.org/documents/194-EasternMichiganUniversity-
15096002.pdf
Cutbush, S. L., Ashley, O. S., Kan, M. L., Palen, L.-A., & Hall, D.M.
(2010b). Rape myths and sexual dating violence perpetration among
adolescents. Poster presented at American Psychological
Association, San Diego, CA.
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References (continued)
DuRant, R., Champion, H., Wolfson, M., et al. (2007). Date fighting
experiences among college students: Are they associated with other
health-risk behaviors? Journal of American College Health, 55, 291–
296. Gover, A. R., Kaukinen, C., & Fox, K. A. (2008). The
relationship between violence in the family of origin and dating
violence among college students. Journal of Interpersonal Violence,
23, 1667-1693.
Higher Education Act of 1965. Available at:
http://www.nrcyd.ou.edu/publication-db/documents/higher-education-
act-1965.pdf
Karjane, H.K., Fisher, B.S., and Cullen, F.T. (2002). Campus sexual
assault: How America’s institutions of higher education respond.
Final Report, NIJ Grant # 1999-WA-VX-0008. Newton, MA:
Education Development Center, Inc.
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References (continued)
Kingkade, T. (2013). UConn failed to investigate sexual assault
reports and protect victims, complaint claims. The Huffington Post.
Available at: http://www.huffingtonpost.com/2013/10/21/uconn-sexual-
assault-complaint_n_4133713.html
Knowledge Networks (2011). 2011 College dating violence and
abuse poll: Topline report. Retrieved from
http://www.loveisrespect.org/pdf/College_Dating_And_Abuse_Final_
Study.pdf.
Krebs, C. P., Lindquist, C. H., Warner, T. A., Fisher, B. S., & Martin,
S. L. (2009a). College women’s experiences with physically forced,
alcohol or drug-enabled, and drug-facilitated sexual assault before
and since entering college. Journal of American College Health, 57,
639-647.
Krebs, C. P., Lindquist, C. H., Warner, T. D., Fisher, B. S., & Martin,
S. L. (2009b). The differential risk factors of physically forced and
alcohol or other drug enabled sexual assault among university
60 women. Violence and Victims, 24, 302-321.
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References (continued)
Luthra, R., & Gidycz, C. A. (2006). Dating violence among college
men and women: Evaluation of a theoretical model. Journal of
Interpersonal Violence, 21, 717-731.
Martin, S. L., Fisher, B. S., Warner, T. D., Krebs, C. P., & Lindquist,
C. H. (2011). Women’s sexual orientations and their experiences of
sexual assault before and during university. Womens Health Issues,
21, 199-205.
McMahon, P. P. (2008). Sexual violence on the college campus: A
template for compliance with federal policy. Journal of American
College Health, 57, 361-365. Available at:
http://www.publicsafety.ohio.gov/ncvrw/SexualViolence_CollegeCa
mpus.pdf
Miller, S., Gorman-Smith, D., Sullivan, T., Orpinas, P., & Simon, T.
R. (2009). Parent and peer predictors of physical dating violence
perpetration in early adolescence: tests of moderation and gender
differences. J Clin Child Adolesc Psychol, 38, 538-550.
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References (continued)
Murphy, W. (2013). The harsh truth about campus sexual assault.
Available at: http://wendymurphylaw.com/the-harsh-truth-about-campus-
sexual-assault/
National Center for Victims of Crime. (2002). Stalking victimization.
Washington, DC: Office for Victims of Crime.
Prevalence of Teen Dating Violence. (2014, May 30). National
Institute of Justice. Retrieved July 27, 2014, from
http://www.nij.gov/topics/crime/intimate-partner-violence/teen-dating-violence/
Pages/prevalence.aspx#noteReferrer2
Roberts, T. A., Auinger, P., & Klein, J. D. (2005). Intimate partner
abuse and the reproductive health of sexually active female
adolescents. J Adolesc Health, 36, 380-385.
Rothman, E., & Silverman, J. (2007). The effect of a college sexual
assault prevention program on first-year students’ victimization
rates. Journal of American College Health, 55, 283-290.
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References (continued)
Saewyc, E. M., Brown, D., Plane, M. B., Mundt, M. P., Zekletskaia,
L., Wiegel, J. & Fleming, M. F. (2009). Gender differences in
violence exposure among university students attending campus
health clinics in the U.S. and Canada. Journal of Adolescent Health,
45, 587-594 Stephens, S. W. (2004). Available at:
http://www.ncherm.org/documents/114-OklahomaStateUniversity--
06032054.pdf
Students Active for Ending Rape. (2014). What makes a better
sexual assault policy? Available at: http://safercampus.org/what-makes-
a-better-sexual-assault-policy
Thoennes N., & Tjaden, P. (2000). Full report of the prevalence,
incidence, and consequences of violence against women: Findings
from the National Violence Against Women Survey. Washington,
DC: U.S. Department of Justice, National Institute of Justice.
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References (continued)
U.S. Department of Education. ( 2001). Revised sexual harassment
guidance: Harassment of students by school employees, other
students, or third parties. Available at:
http://www2.ed.gov/about/offices/list/ocr/docs/shguide.html
U.S. Department of Education. (2002). Disclosure of education
records concerning registered sex offenders. Available at:
http://www2.ed.gov/policy/gen/guid/fpco/hottopics/ht10-24-02.html
U.S. Department of Education. (2014). Family Educational Rights
and Privacy Act (FERPA). Available at:
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
U.S. Department of Justice. (n.d.). About the Office on Violence
Against Women. Available at: http://www.ovw.usdoj.gov/docs/about-ovw-
factsheet.pdf)
White House Task Force to Protect Students from Sexual Assault.
(2014). You are not alone. Available at:
http://www.whitehouse.gov/sites/default/files/docs/report_0.pdf
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References (continued)
Who Are the Victims? (n.d.). | RAINN | Rape, Abuse and Incest
National Network. Retrieved from https://rainn.org/get-information/
statistics/sexual-assault-victims
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