Nancy Chi Cantalupo Jen Luettel Schweer PAVE Summit September 27, 2013

1. Policy, Title IX & the Justice System: Survivor-Centered Civil Rights Approachesto Campus Gender-Based Violence Nancy Chi Cantalupo Jen Luettel Schweer PAVE Summit September 27, 2013

2. Campus GBV & Victim Non-Reporting 20-25% of women; 90-95% do not report Most often stated reason for not reporting: fear of hostile treatment or disbelief by legal/medical authorities (25% of victims) The survivor’s veto of the CJS: “The individual victim of crime can maintain complete control over the process only by avoiding the criminal process altogether through non-reporting…”– Doug Beloof

3. The Survivor’s Veto of the CJS: Reasons to Exercise Veto • Cost-benefit analysis of participating in system • Inability of system to solve many crimes • Victim's lack of participation, control, and influence in the system

4. Title IX’s Civil Rights Approach Sexual violence = a severe form of sexual harassment = sex discrimination Enforcement Methods: Dept of Ed Office for Civil Rights proactive guidance & investigations Private suits for monetary damages: By victims against schools (Gebser& Davis) For retaliation by school against Plaintiff for asserting Title IX rights/compliance (Jackson)

5. Clery Act Basics Requires schools to report campus crime statistics Provisions to improve institutional responses: Campus Sexual Assault Victims BoR Campus SaVE (2013) Enforcement: No private right of action ED (not OCR) may fine for flagrant or intentional violations

6. “Criminalized” Prosecutorial Model • Victim is a “complaining witness” and not a party to the case • Prosecutor represents school (state in the CJS) • victim has no independent advocate, no control over case presentation, no confidentiality privilege, unequal access to evidence • Rule of witness sequestration

7. Surviving Students Title IX U of Colorado, Boulder: 7 figure settlement; Pres + 12 officials fired CleryAct + State law claims EMU case: $350,000 fine + 7-figure settlement; Pres fired Accused Students Due process = notice, hearing, follow own procedures Only one case where perpetrator awarded minimal monetary damages amounting to a tuition refund Results of Criminalized/Non-Survivor-Centered Model

8. “Decriminalized” Response:The Victims’ Services Office

9. Survivor Services on Campus- A Program Snapshot • Georgetown Health Education Services • Provide free confidential, direct services to survivors • Advocate for survivors, provide options, and crisis intervention • Also involved in education, outreach, programming, and training

10. An example of advocacy beyond the one-on-one relationship • In addition to direct services, office receives reports from campus police, consults with professional staff and participates in campus meetings about gender violence • Because there are various ways in which information can be obtained, allows us to raise concerns about red flags in a way that never compromises confidentiality or survivor safety

11. Survivor Services • Create- VAWA funding, look at current positions that are a natural fit and can be expanded. • Partner- community agencies are critical partners… include them in the conversation! • Build-take at look at what already exists. Are there ways to increase visibility, reach new populations?

12. Thank You! Nancy Chi Cantalupo Research Fellow, Victim Rights Law Ctr ncantalupo @victimrights.org Scholarship available at: http://ssrn.com/author= 884485 Jen Luettel Schweer, MA., LPC Sexual Assault &Relationship Violence Services Coordinator Georgetown University Jls242 @georgetown.edu