A coordinated response between student affairs, law enforcement and victim advocates

1. Victim Advocacy on a College Campus A coordinated response between student affairs, law enforcement and victim advocates

2. “The University of Louisville is committed to creating a community free from violence. Sexual assault, sexual harassment, domestic violence, and stalking as defined by State and Federal laws, will not be tolerated at the University of Louisville.” (UofL Sexual Misconduct Policy)

3. College Years - High Risk for Violence • A number of studies identified college years as the highest risk time for women to experience an incident of sexual assault, intimate partner violence, stalking, or sexual harassment. • Through grants from The Department of Justice, Office on Violence Against Women, the University of Louisville established a pro-active prevention and intervention program to address violence against women.

4. Scope of the problem: Sexual Assault • Rape is the most common violent crime committed on college campuses. • 15-20% of female college students have experienced rape(Fisher, Cullen, & Turner, 2000; Koss, Gidycz, & Wisniewski, 1987) • 8 out of 10 victims knew the rapist • 5-15% of college men have acknowledged committing rape(Koss et al., 1987;Malamuth, Sockloskie, Koss, & Tanaka, 1991) (http://www.higheredcenter.org/pubs/acqrape.html)

5. Scope of the problem: Sexual Assault • UofL male students endorsed adversarial sexual beliefs and endorsed rape myths more than female students. Male students estimated percentages of reported rapes that are fabricated (either for spiteful reasons by women or in an effort to protect women’s reputations) were higher than estimates given by female students. 38.7 – 45.5% “someone misinterpret the level of sexual intimacy you desired” (PEACC campus surveyhttp://louisville.edu/peacc/education/peacc-reports.html/) • The problem is even more severe than these figures suggest, because students frequently do not report attempted or completed acquaintance rapes - or even define what happened to them as rape.

6. Scope of the problem: Intimate partner violence • 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). • College students experience extremely high rates of dating violence that range between 20% and 50% The International Dating Violence Survey (Straus, 2004) • At UofL, rates of reported violence include: Physical threats and acts 30.4 - 31.8% “threw, smashed, kicked something” 24.8 – 30.3% “threatened to hit you or throw something at you” “been pushed, grabbed, shoved” Emotional abuse 24.4 – 26.5% (PEACC Campus Survey http://louisville.edu/peacc/education/peacc-reports.html/)

7. Scope of the Problem: Stalking • 13% of college women have been stalked • 80.3% of victims knew or had seen their stalker before • Stalking incidents lasted on average for 2 months • 3 in 10 women reported being injured emotionally or psychologically from being stalked. • 83.1% of stalking incidents were NOT reported to police or campus law enforcement. • 72% Didn’t think it was serious enough The Stalking Resource Center (http://www.ncvc.org/src/main.aspx?dbID=DB_NCWSV466)

8. Costs of Violence • Negative impact on retention/career development • College women who have been raped are more likely to drop out particularly when it was an acquaintance rape and the attacker is also on campus (Sampson, 2003). • Consequences of sexual harassment and other types of victimization include school-work related problems, such as, decreased morale, increased absenteeism, lower grades, decreased satisfaction with career goals, and damage to interpersonal relationships on campus (Paludi, 1996). • In one study, 29% of female graduate students reported a loss of academic or professional opportunities and 14% reported lowered grades orfinancial support as the result of sexual harassment on campus (Schneider, 1987).

9. Costs of Violence • Health impacts • 30% of all rape victims had experienced at least one episode of major depression (Kilpatrick, 2002) • Increased health care costs - Medical care costs were 2.5 times higher than the costs of non-victims even after controlling for confounding factors. (Koss, Koss, & Woodruff, 1991). • Intimate partner violence among adolescents is associated with increased unhealthy weight control behaviors, sexual risk behaviors, pregnancy, and suicide. (Molidor, Tolman, & Kober, (2000); National Center for Injury Prevention and Control, (2001).

10. Challenges specific to a college campus A college campus is an educational community • The University has it’s own post office, police dept, judicial system, government, disability services, Faith community, health care, library, housing, entertainment, counseling center, restaurants, and academic system. Changes in one of these departments directly affects other parts of the system and students interact on several levels. • Universities want to maintain an image of excellence in education and safety for all students. The desire to avoid negative public attention may conflict with the need to provide advocacy for victims. • Confidentiality within the University is difficult. Administrators want to avoid threats to other students.

11. First contact may come from: • Campus Police • Student Affairs • Professor • Staff Person • Resident Life • Interfaith Community • Counseling Center • Training for Safe Places • Dual Roles • Faculty/Staff/student perform dual roles (both staff and student or staff with children as students)

12. Parents • Victim needs medical, psychological attention - but don't wish to notify parents. • “They will pull me out of school”. • Parents control finances and insurance. Student can't afford to pay out of pocket. • Scholarship or financial aid is affected (parents are notified). • Victim is embarrassed about circumstances or choices. • Parents possible reaction – take legal action against University

13. Residence Life • Victim and perpetrator may live in the same hall. • Small community – student gossip. • Students know both perpetrator and victim. • Peer Pressure • Students want to fit in. Social life is important (sorority, sports team, RSO, dating). • Alcohol is socially acceptable drug and misuse is common. • Student’s will not tell on other students even when they are aware of drugs being put into drinks. • Victim harassed by his/her peers to drop charges, withdraw report, not speak up, etc. • Facebook is used as a tool to harass or expose.

14. Classes • Student may be stalked by another student but it is difficult to prove since students are required to be in classes together. • Criminal Court Case • Emergency Protective Order often not available for students in dating relationships • Transportation to off-campus locations • Police Department, hospital, court, shelter, etc.

15. Student Conduct Hearings • Case is heard by students/staff. • No criminal charges but educational sanctions. • Campus Police • Campus Blue Lights • Escort Service • Crime Alerts - campus email and text messaging. • Educate Students about Stranger Rapes/Non-stranger rapes • Safety and Self-Defense

16. Community Collaborations • Research indicates that violence does happen to students but it generally occurs off campus so community collaborations are essential to serving victims and bridge the gap between campus and community resources. • The PEACC Program collaborations with community Rape Crisis/DV Shelter: The Center for Women and Families, the SANE Nurse Program, The Domestic Violence Prevention Coordinated Community Response Team, State Agencies KDVA and KASAP, and Governor’s Task Force on Campus Safety.

17. Essential Elements of a Campus Program The American College Health Association recommendations: • Integrate violence prevention education into curricular and non-curricular activities. Examples: GEN 101 Campus Culture Healthy Lifestyles Classes Experiential Learning – Take Back the Night, Vagina Monologues Social Justice Opportunities

18. Invest men in the prevention of violence, including those actions that dehumanize and objectify women. Lessen the likelihood of boys and men using violence Challenge the patriarchal power relations which promote and are maintained by violence Promote alternative constructions of masculinity, gender and selfhood which foster non-violence and gender justice. Examples from Men of PEACC: Focus on Leadership Masculinity Discussions Radio and Television PSA “Men must take responsibility for preventing sexual violence, because the vast majority of assaults are perpetrated by men against women, children, and other men. Although only a minority of men commit sexual assault, all men can influence the culture and environment that allows other men to be violent.” (Berkowitz 2004).

19. Develop educational/outreach programming that implements a variety of approaches to reaching and educating students. Only multiple interventions involving all student populations in repeated and mutually reinforcing exposure…are capable of changing campus norms in a manner that will lead to widespread behavior change. Programming must: recognize that violence is a learned behavior address non-stranger sexual violence and dispels traditional beliefs addresses alcohol and other drugs issues and the connection with violence provides concepts that encourage healthy, CONSENSUAL relationships Examples: Alcohol Awareness Collaborations Pre-Spring Break Safety RED ZONE Critical Thinking Skills Model for Healthy Decision Making I-clicker technology Multimedia Educational modules – distance learning

20. Train students to lead bystander intervention workshops. • Bystanders are individuals who witness emergencies, criminal events or situations that could lead to criminal events and by their presence may have the opportunity to provide assistance, do nothing, or contribute to the negative behavior. • A positive bystander model calls for prevention efforts that take a wider community approach rather than simply targeting individuals as potential perpetrators or victims. • In the context of this program, pro-social or empowered bystanders are individuals whose behaviors intervene in ways that impact the outcome positively. Banyard, V., Lisak, D., Sokolow, B., (2007, June). The State of the Campus Bystander Intervention Efforts. Webconference: The National Center for Higher Education Risk Management. Examples: Mission Possible Utilize the popular opinion leader to engage others in pro-active bystander behaviors. Radio PSA, SGA President, Facebook, Athletics Skill building to empower bystanders to intervene in ways that impact the outcome positively. Green Dot KY Campaign

21. Establish and Enforce Firm Penalties for violent acts Students watch outcomes • Help Arrange for All Pertinent Campus Segments To Collaborate in the Effort • Form Working Relationships with: • Police • Residence Life • Student Affairs Examples: • Coordinated Response Team • 24/7 Advocacy • Sexual Misconduct Policy

22. The PEACC Program100 Student Health Building502-852-2663Faces of PEACC on Facebookhttp://louisville.edu/peacc

23. Historical review of legal eras in higher education In Loco Parentis Bystander Era Facilitator University Era / Duty Era Bickel & Lake The Rights and Responsibilities of the Modern University Public vs Private Institutions

24. Campus Security Act (Cleary Act) “Compliance with this act, now known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, provides students and families, as higher educationconsumers, with the information they need to make informed decisions.” US Department of Education

25. Campus Security Act “The Clery Act requires higher education institutions to give timely warnings of crimes that represent a threat to the safety of students or employees, and to make public their campus security policies. It also requires that crime data are collected, reported and disseminated to the campus community and are also submitted to ED. The act is intended to provide students and their families, as higher education consumers, with accurate, complete and timely information about safety on campus so that they can make informed decisions.”

26. Campus Security Act • Cleary Act provides victim advocates with information • Three main categories for institutional compliance. • 1) policy disclosure • 2) records collection and retention • 3) information dissemination.

27. At Risk Student Response – a time of transition • Higher education is in a time of transition determining best response to student threats on campus post VT • The rise of - Student Care Teams and Threat Assessment Teams • Structure of UofL Student Care Team; direct impact on sexual assault protocol

28. UofL Objective to Reduce revictimization • The University structure may require a student to inform multiple people about the sexual assault (UofL Changes). • Police • Residence Hall Staff (RA, RD, Area Coordinator, Director) • Conduct Officer – Dean of Students • University Advocate or Counselor • Academic Advisor • Ombudsmen • Individual instructor • Academic Committee • Conduct Board • Appeals Committee – Academic & Conduct

29. Working with University Representatives • Student Affairs organizational structure (Is there a university advocate) • If you are going to work with College students it is best to meet with University representatives get an understanding of their • policies • resources • opportunities for collaboration • relationship development • improved understanding • Radford Example –NRV Women's Resource Center

30. Role of Dean of Students Office • Provide assistance and resources • To explain all conduct related options • To educate about the conduct process • To facilitate the conduct process, if appropriate • To provide support for both the alleged victim and the alleged violator

31. Role of Dean of Students OfficeComplying with Legal Rquirements • Due Process - the alleged violator has the right to question the alleged victim • Due Process - the process must be balanced and fundamentally fair • Due Process - as the alleged violator has property rights at stake, he/she has to receive all rights and provisions guaranteed by standards and law

32. Potential Administrative Resources • Absence notification that maintains certain levels of confidentially • No contact orders or requirements for victim and alleged violator • Banning non-students from campus (PNG) • Changing course registration or sections • Assisting with withdrawal if necessary • Changing room assignments / housing location • Interim administrative action (requires timely due process)

33. Kelly v. Yale UniversityU.S. Dist. Ct for the Dist. Of Connecticut (March 26, 2003) • Reaffirmed principle that colleges are not expected to subject themselves to risk of liability by imposing penalties on the alleged violator prior to the hearing. They cannot offer accommodations based on subjective impressions and demands of the alleged victim - however, the administration should listen carefully to accommodate requests and offer reasoned alternatives if requests cannot be granted.

34. Role of Dean of Students Office Limitations of what we can do • Keep the identity of the alleged victim anonymous if we charge the student • Prevent the alleged violator from having counsel, parents or counselors with him/her • Deviation from established procedure

35. Institutional Adjudication Approach • Harvard - Cases without corroborating evidence will not be addressed. In a he said, she said situation there must be other evidence, such as a follow up witness, diary documentation, etc. before the case will be considered. • Difficulty of adjudicating he said she said situation

36. Institutional Adjudication Approach • Gary Pavela - Director of Judicial Programs and Student Ethical Development University of Maryland - College Park • Colleges and Universities should not adjudicate a sexual assault or harassment case, UNLESS the alleged victim also goes forward through the criminal process

37. University Administrative Conduct Process • Notice – Hearing – Decision - Appeal • Standard of proof (preponderance of evidence) • May allow for advocate or support person support student during a hearing • Importance for University administration to comply with their promulgated Code and policies. The established code will drive much of the response by the University.

38. University Administrative Conduct Process • Witnesses (direct cross examination) • Attorney involvement • Double Jeopardy • On-campus vs off-campus jurisdiction “sponsored activities, and to off-campus conduct that adversely affects the College community or the pursuit of its objectives” Model Code • Focus on the behavior • Is there a violation of the “Code”

39. Model Code of Conduct • Edward N. Stoner II and John W. Lowery • JOURNAL OF COLLEGE AND UNIVERSITY LAW [Vol. 31, No. 1 • Reasonable Professional Standard for College Conduct Process

40. Model Student CodeUse of administrative language • Responsible or in violation / Guilty • Board members / Prosecutors • Accused student / Defendant • No violation found / Innocent • Information / Evidence

41. Model Code of Conduct: two approaches to defining inappropriate sexual misconduct Sexual misconduct that involves: • i. Deliberate touching of another's sexual parts without consent; • ii. Deliberate sexual invasion of another without consent; • iii. Deliberate constraint or incapacitation of another, without that person's knowledge or consent, so as to put another at substantially increased risk of sexual injury; or • iv. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidating, hostile, or demeaning environment for an individual's (I) academic pursuits, (II) University employment; (III) participation in activities sponsored by the University or organizations or groups related to the University, or (IV) opportunities to benefit from other aspects of University life. • Sexual misconduct. • 1. Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.

42. Disclosing Hearing Outcome • Federal Educational Rights and Privacy Act (FERPA) Department of Education • “Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), the results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime with respect to such crime” Student Right to Know Act

43. THE NATIONAL ORGANIZATION FOR VICTIM ASSISTANCE THE UNIQUE CHALLENGES FOR LAW ENFORCEMENT OFFICERS INVESTIGATING SEXUAL ASSAULT ON COLLEGE CAMPUS

44. TITLE IXEDUCATION ADMENDMENTS OF 1972 Title IX of the Education Amendments of 1972 outlines…………. • Gender equality • When an Institution of Higher Learning knows about Sexual harassment or any form of Harassment: • they must take immediate action • take appropriate steps to investigate and to determine what happened • dispatch officers and take a report • take steps to calculate and to end the harassment • eliminate any and all hostile environment • prevent harassment from occurring again if possible

45. OPTIONS FOR VICTIMS • Report initiated and case is investigated with criminal prosecution of perpetrator • Report initiated but declines to pursue criminal charges • No report/medical treatment only • Report initiated and Victim pursues civil litigation • University Code of Conduct- Suspect disciplined by school

46. UNIVERSITY OF LOUISVILLE POLICEPOLICY AND PROCEDURES SEXUAL ASSAULT RESPONSE & INVESTIGATION The University of Louisville is dedicated to enhancing a quality education environment in the campus community. The University of Louisville expects its students to treat other persons with dignity and respect. Therefore, the University will not tolerate any form of sexual misconduct. Sexual activity should be explicitly agreed upon by all involved parties. There is no agreement if there is no: a) verbal communication of non-consent b) non-verbal communication, or acts of resistance or rejection, or mental impairment of the victim for any reason including alcohol or drugs may constitute lack of consent The use of alcohol or drugs will not be accepted as an explanation for the actions of any student charged with a Code of Student Conduct violation

47. THE UNIVERSITY OF LOUISVILLE POLICEWEBSITE STATES: “WHAT TO DO IF YOU BEEN FORCED TO HAVE SEX WITHOUT CONSENT” • GO SOMEPLACE SAFE IMMEDIATELY • DO NOT CHANGE YOUR CLOTHS, SHOWER, RINSE YOUR MOUTH OR USE THE BATHROOM • DO NOT WASH OR DESTROY CLOTHING OR PHYSICAL EVIDENCE • GO TO THE POLICE STATION OR UL HOSPITAL RIGHT AWAY MAKING A POLICE REPORT ASSURES THAT THE RAPE EVIDENCE COLLECTION KIT WILL BE PAID FOR BUT IT DOESN’T MEAN YOU MUST FILE CHARGES. • WRITE DOWN ALL DETAILS OF THE INCIDENT SOON AFTERWARD AND STORE IN A SAFE PLACE • SEEKING MEDICAL ATTENTION DOES NOT MEAN THE VICTIM WILL BE FORCED TO TALK TO POLICE OR PURSUE CRIMINAL PROSECUTION. • PEACC PROGRAM IS AVAILABLE 24/7 AT 852-2663

48. Policies and Procedures found Successful in Aiding the Reporting and the Investigation or Prosecution of a Campus Sexual Assault. The most commonly mentioned policies and practices thought to facilitate reporting of sexual assaults and participation in the investigation and adjudication process include: Provisions for confidential reporting • Provisions for anonymous reporting • Written law enforcement protocols for responding to reports • Coordinated crisis response across campus and community • Forensic medical evidence collection by trained and certified forensic nurse, such as sexual assault nurse examiners • On campus victim assistance office (U of L PEACC Program) • Sexual Assault peer educators • First year and new student orientation programs BEST PRACTICES

49. VICTIM SAFETY RESOURCES WHEN A VICITM OF A CRIME HAS CONCERNS FOR SAFETY AND FREEDOM FROM HARASSMENT / RIDICULE THE UNIVERSITY CAN / WILL OFFER: 1. VICTIM CAN BE MOVED FROM CURRENT HOUSING AND REASSIGNED TO OTHER HOUSING FOR SAFETY REASONS 2. SUSPECT / OFFENDER WILL BE MOVED FROM CURRENT HOUSING UNTIL INVESTIGATION IS COMPLETE OR IS CRIMINALLY ADJUDICATED 3. ESCORT SERVICES ARE OFFERED TO VICTIMS OF CRIMES TO ENSURE SAFETY

50. SCOPE OF INVESTIGATION • Respond to and be responsible for the investigation of Sexual Assaults and Acts of Violence • The responding officers will immediately close off the immediate area and secure the scene • Nothing should be touched or moved in the area of the scene unless absolutely necessary • Care should be taken that nothing is added to the scene by responding officers • Only authorized personnel should be permitted into the scene • Attempt to determine the offender of the crime either by direct inquiry or observation if his/her identity is immediately apparent • If the suspect has left the area issue a pickup • If suspect is located determine where suspect should be taken • Detain all witnesses / persons and separate from the scene • Witnesses should be separated and independent statements taken