By Lisa M. Maatz
Campus sexual violence has been the subject of an intense national conversation recently, but that dialogue often lacks critical input from schools that are already taking steps to improve their campus climates. Colleges and universities, it’s time for you to lead on this issue.
So far, and with good reason, most of the attention has focused on schools that are under investigation for violating federal laws about sexual violence and on the survivors bravely sharing their stories and calling for action. Yet there are a number of schools that are working hard to address these challenges and to make real progress on this issue, and we need to hear from schools that are prioritizing prevention, response, and transparency and including students and survivors in all related initiatives on campus.
April is Sexual Assault Awareness Month, so it’s a good time for schools to talk about how to meet their responsibilities to students. Rampant sexual violence creates a campus climate that is hostile to students, and students can’t learn when they aren’t safe. Because campus sexual assault happens everywhere, everyone benefits when schools worry less about public relations and more about making campuses safe. Part of the solution is for schools to create an environment where students feel comfortable reporting sexual violence.
Schools can also lead by understanding and complying with Title IX, the 1972 federal law that prevents sex discrimination in federally funded education programs. Unfortunately, under the scrutiny of the national spotlight, some schools have criticized or even blamed the law for problems on campus. But Title IX is not the reason schools mishandle campus sexual assaults. Smart schools recognize that it is their all-important guide for upholding students’ civil rights in campus proceedings and preventing future violence on campus. Title IX works, and it must be protected.
Title IX requires schools to have a role in addressing sexual violence because they are best equipped to provide accommodations such as class schedule or housing changes, critical pieces of the sexual assault response that survivors may need to be able to complete their education. Schools must also figure out in an administrative setting what occurred and then handle it according to their established codes of student conduct, anti-discrimination policies, and federal civil rights law.
These responsibilities under Title IX do not require schools to serve as police officers, prosecutors, or judges. Schools do not decide whether a felony or misdemeanor occurred for purposes of prosecution, and they cannot make plea agreements or impose criminal punishments. Those roles are, appropriately, left to the criminal justice system and can take place simultaneously if the survivor chooses to involve law enforcement. Title IX guidance clearly delineates between schools’ role and law enforcement’s role.
If school officials truly don’t see how these separate paths can work together, many helpful resources are available through the U.S. Departments of Education and Justice and online at notalone.gov.
The current national dialogue will be more productive if institutional leaders join the conversation — along with survivors, advocates, and policy makers — and help end the epidemic of campus sexual violence. Many schools are missing the chance not only to keep students safe but also to impress on students, faculty, prospective students, and parents that their institution is part of the solution. In the coming months, we expect to have the opportunity to highlight and learn from schools that are proactively addressing campus sexual assault and embracing Title IX. We look forward to hearing from them.
Lisa M. Maatz is Vice President for Government Relations at American Association of University Women
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