Sexual Assault on College Campuses:
/By Kathy Goater
Students Join Forces against Universities that Inadequately Respond to Sexual Violence.
Something new and exciting is occurring on our nation’s college campuses – victims of sexual assault are joining forces and filing collective complaints with the Department of Education Office of Civil Rights. These multi-victim actions are aimed at making universities accountable for deterring sexual violence. The complaints are designed to prompt investigations into the schools’ practices thereby precipitating change in how the schools respond, or alternatively will lead to lawsuits by the respective students. For your information
Sexual violence on campuses isn’t new, nor is the failure of administrators to adequately respond to rape. A campus where sexual violence is tolerated or permitted because of inadequate responses to complaints, effectively denies victims access to a full educational experience.
When a student is sexually assaulted and the university fails to properly respond to such complaints, the school can be liable to the victim under Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in any educational program receiving federal funding. Basically, when schools act with deliberate indifference to known acts of harassment in its programs or activities, and victims thereby miss out on parts of their educational experience, the victims are being subjected to discrimination and the school can be held accountable.
In the past, students on an individual basis bravely took on universities on Title IX complaints. Being the sole plaintiff suing a university can be an intimidating and difficult process. In one case handled by my law firm, our client S.S. sued the University of Washington after she was raped by a member of the football team. Her report to school authorities led her to a closed hearing where she was supposed to sit opposite the man who raped her and reach an accommodation with him. The school took no meaningful action against the perp. On hearing the case, the Washington Court of Appeals agreed that an inadequate response to rape by the University of Washington, has the potential to limit a victims access to education for which the school can be liable. S.S. v Alexander, 177 P.3d 724 (2008).
Switching from a solo voice to that of a choir is the new tactic being used by victims of sexual violence at Occidental, Swarthmore and other universities. Technology along with some creative thinking and verve led students collectively to complain and proceed against their schools.
Filing a Title IX group complaint, like the ones being filed at Swarthmore and Occidental, is a shift in the paradigm of how victims are using the avenues available to them to seek protection and redress. It's brilliant – it's loud and clear – and it's causing quite a stir. You have a group of over 30 victims of sexual assault, all complaining the same school is ignoring what’s happening or treating the offenders with a mere slap on the hand. It puts the problem of sexual violence on campus front and center.
Hopefully these cases will be successful and those institutions that push victims to meet behind closed doors to work things out with the person who raped them, and fail to take any significant action against the perp will be forced to change. Clear policies and procedures to deal harshly with sexual violence in universities is necessary so that campuses are safe. Kudus to those victims who are participating in these cases and are willing to take a stand for the rights of current and future students.
