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The Future of
Sexual &
Relationship
Violence Prevention
Holly Rider-Milkovich, Senior Director of
Prevention Education, EVERFI
Peter Lake, Professor of Law, Director of the
Center for Excellence in Higher Education Law
and Policy, Stetson University
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Presenters
Peter F. Lake, JD
Professor of Law, Charles A. Dana
Chair, and Director of the Center for
Excellence in Higher Education Law
and Policy at Stetson University
College of Law. His areas of expertise
includes higher education law and
policy.
Closed captioning available at: www.streamtext.net/text.aspx?event=EVERFI
Holly Rider-Milkovich, MA
Senior Director of Prevention Education
at EVERFI. Holly brings over two
decades of experience in campus-and
community-based violence prevention
at the local, state, and national level to
her work at EVERFI.
Leverage Research, Insights, and Education to Drive Change
Product development based in
research, driven by partners
Measure impact, assess learner
needs/strengths, and identify
opportunities for improvementExperts and consultants
support prevention
best practice and
change management
EVERFI offers a comprehensive
catalog of prevention and compliance
modules for students, faculty, and staff
Sexual Assault Prevention
Diversity, Equity & Inclusion
Harassment & Discrimination
Prescription Drug Abuse
Alcohol Abuse PreventionDigital
Learning
Expertise
& Research
Data
Insights
EVERFI Partnership
Legal Dimensions & Implications
Title IX Mission
Source: Peter F. Lake, The Four Corners of Title IX Regulatory Compliance (2017).
Enacted by Congress in
1972 to reduce or
eliminate barriers to
education opportunity
caused by sex
discrimination in
institutions that receive
federal funding.
Mission
Title IX seeks to prevent all forms of discrimination, based
on sex, including:
 Unequal treatment of men and women in sports
programs of employment
 Sexual harassment, such as unwelcome sexual
advances, stalking, or harassment on social media
 Sexual violence, such as rape, sexual assault, sexual
battery, dating violence or domestic violence
Broader Societal Issues Related to Title IX
• #MeToo Movement/ Weinstein/ Nasser Effect and Backlash to
the Backlash
• Lawyers and Laws
• High Profile Situations
• Consumer Expectations—”Respect” and Multidimensionality
Department of Education & Office for Civil Rights
New regulations coming?
Regulatory enforcement of Title IX under OCR’s guidelines are
changing under the new Presidential administration… but how?
What will be the
evidentiary
standard?
Right to cross-
examination?
By whom?
What if the
courts and the
new regulations
conflict?
Narrowed
investigation
parameters?
Role of legacy
policies?
Due Process & U.S. Court of Appeals for the 6th
CircuitThe 6th Circuit Court’s Approach to Campus Disciplinary Hearings
Source: Doe v. Baum, 903 F.3d 575 (6th Cir. 2018)
[I]f a public university has to choose
between competing narratives to
resolve a case, the university must give
the accused student or his agent an
opportunity to cross-examine the
accuser and adverse witnesses in the
presence of a neutral fact-finder.
(1) [I]f a student is accused of misconduct,
the university must hold some sort of hearing
before imposing a sanction as serious as
expulsion or suspension, and (2) when the
university’s determination turns on the
credibility of the accuser, the accused, or
witnesses, that hearing must include an
opportunity for cross-examination.
April 2011
• Law sends a mandate ahead of the science and skills of practitioners – (President
Kennedy and the moon shot?)
• The Rise of “Title IX-ness” & “Sex Bureaucracy*”?
• Title IX and Intersectionality
• 4 Corners Model
• Corner 2 Focus? Due Process?
*Source: Jacob Gersen & Jeannie Suk, The Sex Bureaucracy (2016)
Organization and
Management
Investigation, Discipline
and Grievance
Procedures
Victim and Other
Impacted Individual
Assistance
Campus Culture and
Climate
Title IX
Compliance
Implications
• More science
• An emphasis on prevention and efficacy
• New concept of due process
• Title IX and masculinity
Moving forward the law needs
Translating Law & Policy Into Prevention
CRITICAL PROCESSES
POLICY
PROGRAMMING
CPN Framework for Prevention
The degree of system-wide buy-in, visible commitment, and
meaningful investment in effective prevention initiatives
The strategic, collaborative, and research informed translation of
resources (staff/budget) into effective polices and programs
The values and expectations of the institution and its community,
and the system of accountability to uphold and enforce them
The intentional development, multi-modal design, and targeted delivery of
prevention programs and messages that will maximize impact
INSTITUTIONALIZATION
Effective Policy. . .
INFORMED
by evidence
and data
COLLABORATIVE
created by community
and fairly enforced
CONVEYS
institutional priorities
and values
Student Voices Matter!
15
Share information
about proposed rule
& notice/comment
process
Engage campus
community in
considering any
proposed changes
Facilitate student
engagement
with notice &
comment through
Regulations.gov
What Students Want
What do you desire in relationships? Male/Self Male/Peer Female/Self
Female/Pee
r
“Friends with benefits” 22% 50% 9% 55%
“Sexual encounters with no expectations” 16% 45% 9% 50%
What do you desire in relationships? Male/Self Male/Peer Female/Self
Female/Pee
r
“Respect” 63% 43% 79% 53%
“Love” 65% 46% 75% 51%
Administrative
Hearing Model
Investigative Model
Alternative Resolution
Spotlight: The College of New Jersey
17
We ask students:
What is your hope for this process?
What is going to repair the harm?
Did not pursue institutional
accountability measures in
SY 2016-2017
30%
Increase Community
Accountability
Address Respondent Behavior
Provide Choice to Survivors
(Draper, 2018)
90
Addressing and Preventing Harm
University of Iowa Cognitive,
Emotional Regulation,
Behavioral Skills Program
Science-Based Treatment,
Accountability & Risk
Reduction for Sexual Assault
18 CPN Summit Interviews (2018); Ngo (2018); Office
of Sexual Misconduct Response Coordinator (n.d.)
Prevent reoccurrence by
increasing the use of
respectful, adaptive, healthy
behaviors in relationships
16 1:1 sessions
with trained
facilitator
Increase communication and
conflict resolution skills
Develop cognitive, emotion
regulation, and behavioral skills
Promote engaging in behaviors
consistent with student’s personal
values
Psycho-educational curriculum
Guidelines to determine
treatment needs
Checklist of relevant factors to
consider in the sanctioning process
Treatment curriculum
Treatment needs and progress scale
for the therapist
Study on Empathy and
Mindfulness in Reducing
College Student Perpetration
Mindfulness:
OBSERVE & ACCEPT
internal experiences without
judgment; act with
awareness
N=2,061 college-aged males
Mindfulness was negatively
associated with SA.
Increased empathy was
not.
Student Perceptions of
Alcohol and Sexual Activity
Source: AlcoholEdu Supplemental Question Set (2018)
Alcohol makes
people less likely to
take precautions
30%
Alcohol makes
people less nervous
about engaging in
sexual activity
42%
Alcohol
improves sex
13%
Alcohol makes
people more likely to
do sexual things they
wouldn’t do when
sober
61%
Some Students Are More Vulnerable
20 National Council on Disability (2018)
1…
10%
18%
14%
2…
17%
2…
12%
10+ Drinks/Night
1x or More/Past 30 Days
Consumed Alcohol
3x/Week In Past Year
No Disability Mental Learning/Neurological Physical
34%
23%
21%
16%
11%
7%
24% 23%
13% 12%
10%
6%
Inside the Athlete Experience
21 Source: Sexual Assault Prevention for Student Athletes (2017-2018)
Body Size/
Image
Race or
Ethnicity
Sex,
Gender,
Gender ID
Sexual
Orientation
Ability/
Disability
Religious
Affiliation
FEMALE
MALE
EXPERIENCE OF BULLYING
BY GENDER No Yes, Any Not Sure Prefer Not to Answer
4% 4%
2% 2%
17%
76%
4%
89%
ATHLETE EXPERIENCE OF
SEXUAL ASSAULT
FEMALE MALE
Athlete Intervention Behavior
22 Source: Sexual Assault Prevention for Student Athletes (2017-2018)
I spoke up when I heard someone say
something I found offensive or demeaning
I stepped in to stop behavior that
promoted bullying or hazing
I expressed concern when I saw a person exhibiting
abusive behavior toward another person
I intervened when I saw someone trying to
take advantage of someone else sexually
Students Witnessed
the Situation
43%
29%
25%
14%
Students Who
Intervened
91%
91%
94%
88%
Student Athlete Prevention and Enforcement
Our student-athletes really did pave
the way. They stood up . . . really
stepped into a leadership position
for us .
Commissioner Andrea Williams
78%
81%
92%
80%
84%
78% 78%
91%
77%
83%
Aware of
resources
Know whether I
am mandated
reporter
Have good
understanding
of policies for
responding
Know how to
report
Confident in
ability to
respond to
disclosures
Training Faculty and Staff in #MeToo Era
24 Source: Haven for Faculty and Staff Data (2018)
Small schools more likely for faculty
and staff to be trained in:
Sexual Assault
Stalking
Dating Violence
Domestic Violence
BUT!
15 - 40%
Receive no training
in these issues
+5k
-5k
Preventing Harassment in the Academic
Workplace
25
Recommendation 1:
Create diverse, inclusive, &
respectful environments.
Recommendation 4:
Recommendation 2:
Move beyond legal
compliance to address
culture and climate.
Recommendation 3:
Make the entire community
responsible for reducing and
preventing sexual harassment.
Measure progress.
California
● AB-1825/396
● SB-1343
● SB-1300
● AB-1867
New York
● Labor Law Sec. 201-g
● Stop Sexual Harassment in
NYC
Maine
● Title 26: §807
Delaware
● HB-360
Illinois
● HB-4953*
Louisiana
● HB-524*
Pennsylvania
● HB-2282
● SB-1147
Connecticut
● CHRO Act
Harassment Training
Legislation
Enacted
Pending/Vetoed
*Limited Scope
Rhode Island
● HB-8277
● SB-2699
Sexual Assault Prevention for Students
 First-Year Students
 Continuing Students
 Adult Learners
 Graduate Students
 Community College Students
A comprehensive education solution that engages students as they progress, fostering healthy relationships and
preparing them to recognize and respond to sexual assault and harassment when it occurs.
EVERFI’s Sexual Assault Prevention Suite provides educational programming for:
Sexual Assault Prevention for Students
Ø First-Year Students
Ø Continuing Students
Ø Adult Learners
Ø Graduate Students
Ø Community College Students
A comprehensive education solution that engagesstudentsasthey progress,fosteringhealthy relationships
and preparing them to recognize and respond to sexual assault and harassment when it occurs.
EVERFI’sSexual Assault Prevention Suite provideseducational programmingfor:
The Future of Sexual and Relationship Violence Prevention
The Future of Sexual and Relationship Violence Prevention

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The Future of Sexual and Relationship Violence Prevention

  • 1. The Future of Sexual & Relationship Violence Prevention Holly Rider-Milkovich, Senior Director of Prevention Education, EVERFI Peter Lake, Professor of Law, Director of the Center for Excellence in Higher Education Law and Policy, Stetson University Closed captioning available at: http://www.streamtext.net/text.aspx?event=EVERFI
  • 2. Closed Captioning Provided by StreamText 1. Click the link provided in the webinar chat panel o www.streamtext.net/text.aspx?event=EVERFI o The captioning will appear in a separate window so please adjust your viewing setting to allow for two side-by-side screens on your monitor 2. Captioning will appear in real-time by StreamText staff
  • 3. Presenters Peter F. Lake, JD Professor of Law, Charles A. Dana Chair, and Director of the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. His areas of expertise includes higher education law and policy. Closed captioning available at: www.streamtext.net/text.aspx?event=EVERFI Holly Rider-Milkovich, MA Senior Director of Prevention Education at EVERFI. Holly brings over two decades of experience in campus-and community-based violence prevention at the local, state, and national level to her work at EVERFI.
  • 4. Leverage Research, Insights, and Education to Drive Change Product development based in research, driven by partners Measure impact, assess learner needs/strengths, and identify opportunities for improvementExperts and consultants support prevention best practice and change management EVERFI offers a comprehensive catalog of prevention and compliance modules for students, faculty, and staff Sexual Assault Prevention Diversity, Equity & Inclusion Harassment & Discrimination Prescription Drug Abuse Alcohol Abuse PreventionDigital Learning Expertise & Research Data Insights EVERFI Partnership
  • 5. Legal Dimensions & Implications
  • 6. Title IX Mission Source: Peter F. Lake, The Four Corners of Title IX Regulatory Compliance (2017). Enacted by Congress in 1972 to reduce or eliminate barriers to education opportunity caused by sex discrimination in institutions that receive federal funding. Mission Title IX seeks to prevent all forms of discrimination, based on sex, including:  Unequal treatment of men and women in sports programs of employment  Sexual harassment, such as unwelcome sexual advances, stalking, or harassment on social media  Sexual violence, such as rape, sexual assault, sexual battery, dating violence or domestic violence
  • 7. Broader Societal Issues Related to Title IX • #MeToo Movement/ Weinstein/ Nasser Effect and Backlash to the Backlash • Lawyers and Laws • High Profile Situations • Consumer Expectations—”Respect” and Multidimensionality
  • 8. Department of Education & Office for Civil Rights New regulations coming? Regulatory enforcement of Title IX under OCR’s guidelines are changing under the new Presidential administration… but how? What will be the evidentiary standard? Right to cross- examination? By whom? What if the courts and the new regulations conflict? Narrowed investigation parameters? Role of legacy policies?
  • 9. Due Process & U.S. Court of Appeals for the 6th CircuitThe 6th Circuit Court’s Approach to Campus Disciplinary Hearings Source: Doe v. Baum, 903 F.3d 575 (6th Cir. 2018) [I]f a public university has to choose between competing narratives to resolve a case, the university must give the accused student or his agent an opportunity to cross-examine the accuser and adverse witnesses in the presence of a neutral fact-finder. (1) [I]f a student is accused of misconduct, the university must hold some sort of hearing before imposing a sanction as serious as expulsion or suspension, and (2) when the university’s determination turns on the credibility of the accuser, the accused, or witnesses, that hearing must include an opportunity for cross-examination.
  • 10. April 2011 • Law sends a mandate ahead of the science and skills of practitioners – (President Kennedy and the moon shot?) • The Rise of “Title IX-ness” & “Sex Bureaucracy*”? • Title IX and Intersectionality • 4 Corners Model • Corner 2 Focus? Due Process? *Source: Jacob Gersen & Jeannie Suk, The Sex Bureaucracy (2016) Organization and Management Investigation, Discipline and Grievance Procedures Victim and Other Impacted Individual Assistance Campus Culture and Climate Title IX Compliance
  • 11. Implications • More science • An emphasis on prevention and efficacy • New concept of due process • Title IX and masculinity Moving forward the law needs
  • 12. Translating Law & Policy Into Prevention
  • 13. CRITICAL PROCESSES POLICY PROGRAMMING CPN Framework for Prevention The degree of system-wide buy-in, visible commitment, and meaningful investment in effective prevention initiatives The strategic, collaborative, and research informed translation of resources (staff/budget) into effective polices and programs The values and expectations of the institution and its community, and the system of accountability to uphold and enforce them The intentional development, multi-modal design, and targeted delivery of prevention programs and messages that will maximize impact INSTITUTIONALIZATION
  • 14. Effective Policy. . . INFORMED by evidence and data COLLABORATIVE created by community and fairly enforced CONVEYS institutional priorities and values
  • 15. Student Voices Matter! 15 Share information about proposed rule & notice/comment process Engage campus community in considering any proposed changes Facilitate student engagement with notice & comment through Regulations.gov
  • 16. What Students Want What do you desire in relationships? Male/Self Male/Peer Female/Self Female/Pee r “Friends with benefits” 22% 50% 9% 55% “Sexual encounters with no expectations” 16% 45% 9% 50% What do you desire in relationships? Male/Self Male/Peer Female/Self Female/Pee r “Respect” 63% 43% 79% 53% “Love” 65% 46% 75% 51%
  • 17. Administrative Hearing Model Investigative Model Alternative Resolution Spotlight: The College of New Jersey 17 We ask students: What is your hope for this process? What is going to repair the harm? Did not pursue institutional accountability measures in SY 2016-2017 30% Increase Community Accountability Address Respondent Behavior Provide Choice to Survivors (Draper, 2018) 90
  • 18. Addressing and Preventing Harm University of Iowa Cognitive, Emotional Regulation, Behavioral Skills Program Science-Based Treatment, Accountability & Risk Reduction for Sexual Assault 18 CPN Summit Interviews (2018); Ngo (2018); Office of Sexual Misconduct Response Coordinator (n.d.) Prevent reoccurrence by increasing the use of respectful, adaptive, healthy behaviors in relationships 16 1:1 sessions with trained facilitator Increase communication and conflict resolution skills Develop cognitive, emotion regulation, and behavioral skills Promote engaging in behaviors consistent with student’s personal values Psycho-educational curriculum Guidelines to determine treatment needs Checklist of relevant factors to consider in the sanctioning process Treatment curriculum Treatment needs and progress scale for the therapist Study on Empathy and Mindfulness in Reducing College Student Perpetration Mindfulness: OBSERVE & ACCEPT internal experiences without judgment; act with awareness N=2,061 college-aged males Mindfulness was negatively associated with SA. Increased empathy was not.
  • 19. Student Perceptions of Alcohol and Sexual Activity Source: AlcoholEdu Supplemental Question Set (2018) Alcohol makes people less likely to take precautions 30% Alcohol makes people less nervous about engaging in sexual activity 42% Alcohol improves sex 13% Alcohol makes people more likely to do sexual things they wouldn’t do when sober 61%
  • 20. Some Students Are More Vulnerable 20 National Council on Disability (2018) 1… 10% 18% 14% 2… 17% 2… 12% 10+ Drinks/Night 1x or More/Past 30 Days Consumed Alcohol 3x/Week In Past Year No Disability Mental Learning/Neurological Physical
  • 21. 34% 23% 21% 16% 11% 7% 24% 23% 13% 12% 10% 6% Inside the Athlete Experience 21 Source: Sexual Assault Prevention for Student Athletes (2017-2018) Body Size/ Image Race or Ethnicity Sex, Gender, Gender ID Sexual Orientation Ability/ Disability Religious Affiliation FEMALE MALE EXPERIENCE OF BULLYING BY GENDER No Yes, Any Not Sure Prefer Not to Answer 4% 4% 2% 2% 17% 76% 4% 89% ATHLETE EXPERIENCE OF SEXUAL ASSAULT FEMALE MALE
  • 22. Athlete Intervention Behavior 22 Source: Sexual Assault Prevention for Student Athletes (2017-2018) I spoke up when I heard someone say something I found offensive or demeaning I stepped in to stop behavior that promoted bullying or hazing I expressed concern when I saw a person exhibiting abusive behavior toward another person I intervened when I saw someone trying to take advantage of someone else sexually Students Witnessed the Situation 43% 29% 25% 14% Students Who Intervened 91% 91% 94% 88%
  • 23. Student Athlete Prevention and Enforcement Our student-athletes really did pave the way. They stood up . . . really stepped into a leadership position for us . Commissioner Andrea Williams
  • 24. 78% 81% 92% 80% 84% 78% 78% 91% 77% 83% Aware of resources Know whether I am mandated reporter Have good understanding of policies for responding Know how to report Confident in ability to respond to disclosures Training Faculty and Staff in #MeToo Era 24 Source: Haven for Faculty and Staff Data (2018) Small schools more likely for faculty and staff to be trained in: Sexual Assault Stalking Dating Violence Domestic Violence BUT! 15 - 40% Receive no training in these issues +5k -5k
  • 25. Preventing Harassment in the Academic Workplace 25 Recommendation 1: Create diverse, inclusive, & respectful environments. Recommendation 4: Recommendation 2: Move beyond legal compliance to address culture and climate. Recommendation 3: Make the entire community responsible for reducing and preventing sexual harassment. Measure progress.
  • 26. California ● AB-1825/396 ● SB-1343 ● SB-1300 ● AB-1867 New York ● Labor Law Sec. 201-g ● Stop Sexual Harassment in NYC Maine ● Title 26: §807 Delaware ● HB-360 Illinois ● HB-4953* Louisiana ● HB-524* Pennsylvania ● HB-2282 ● SB-1147 Connecticut ● CHRO Act Harassment Training Legislation Enacted Pending/Vetoed *Limited Scope Rhode Island ● HB-8277 ● SB-2699
  • 27. Sexual Assault Prevention for Students  First-Year Students  Continuing Students  Adult Learners  Graduate Students  Community College Students A comprehensive education solution that engages students as they progress, fostering healthy relationships and preparing them to recognize and respond to sexual assault and harassment when it occurs. EVERFI’s Sexual Assault Prevention Suite provides educational programming for: Sexual Assault Prevention for Students Ø First-Year Students Ø Continuing Students Ø Adult Learners Ø Graduate Students Ø Community College Students A comprehensive education solution that engagesstudentsasthey progress,fosteringhealthy relationships and preparing them to recognize and respond to sexual assault and harassment when it occurs. EVERFI’sSexual Assault Prevention Suite provideseducational programmingfor: