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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
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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.
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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
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
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: