Understanding Sexual Violence on Campus

Understanding Sexual &
Gender Violence on Campus
Dr. Gary J. Margolis

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© Margolis Healy & Associates, LLC

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/colleag
ue-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/colleag
ue-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, an
d 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.


Obligations

• 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.”

Obligations

• 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
Obligations
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

Obligations
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


Obligations
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


Sexual Assault

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

• 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

Current/former 66.2%
intimate partner 41.4%

24.0%
Aquaintance
40.0%

13.2%
Stranger Female
19.0%
Male

6.8%
Family member
5.3%

2.5%
Person of authority

0% 10% 20% 30% 40% 50% 60% 70%
- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)

Stalking Behaviors

unwanted phone calls and messages 66%

spreading rumors 36%

following or spying 34%

unwanted letters and email 31%

showing up at places 31%

waiting for victim 29%

leaving unwanted presents 12%

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

© Margolis Healy & Associates, LLC - Stalking Victimization in the United States, BJS (2009)

Stalking

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)


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
Stalking Behaviors
Percentage of cases
82%
Followed, spied on, stood outside home, etc.
72%

Made unwanted phone calls 61%
42%

33%
Sent/left unwanted letters, items
27%

Vandalism 29%
30%

Killed or threatened pet 9%
6%

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

Female Victims (N=625)
Male Victims (N=168)

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

Physical Abuse and Stalking
Percentage of cases

89%
100% 91%

80% 68% 56%

60%
40%

20%
0%
Nonabused victims who were stalked
Abused victims who were stalked

Femicide Victims
Attempted Femicide Victims


Stalking Behaviors

Stalking Behaviors
Percentages of cases

100%
80% 53%
60% 47% 45%
60% 46% 43%
40%
20%
0%
Waited outside house/school/work
Followed/Spied on Unwanted phone calls

Femicide Victims
Attempted Femicide Victims


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
gmargolis@margolishealy.com
1-866-817-5817


Understanding Sexual Violence on Campus

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