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The Challenges of Preventing & Responding to
Violence Against Women Crimes On Campus	

                     	

         VACLEA Summer Conference	

                 June 2011
Agenda	




•  Introduction	

•  Research	

•  Challenges & Opportunities	

•  Legal Landscape
Challenges Addressing VAW
Challenges Addressing VAW
Challenges Addressing VAW	



We MUST Avoid: 	

“Compounding the lack of transparency, Yale maintains its
own campus police force, to which sex-crime victims are
encouraged to report their complaints if they insist upon
formal documentation. But victims often do not understand
that this actually tends to contain potentially embarrassing
scandals, by preventing real – that is, accountable – law
enforcement from getting involved.”
Challenges Addressing VAW	

And THIS:
Challenges Addressing VAW	

•  Campuses have unique challenges due to climate,
   environment and culture	

   ü  Significant concentration of young adults	

   ü  Mutual support	

   ü  Sometimes - conflicting goals!	

•  Collaboration, communication, coordination and
    capitalization are keys
Research	





National	
  Sexual	
  Victimization	
  of	
  College	
  Women	
  Survey	
  
                              (2000)	
  
Prevalence of Sexual Assault	




1 in 36 college women in any 	

                7 month period;	

           90% of perpetrators 	

      are known to the victim                                       	



Fisher, Cullen & Turner, 2000: The Sexual Victimization of College Women
Key Findings	


 •  2.8% experienced a rape or attempted rape
    (previous 7 month period)	

 •  Data suggests nearly 5% of college women are
    victimized in a calendar year (5,000 = 250)	

 •  Over course of college career, 20 to 25% will
    experience rape or attempted rape	





[National	
  Sexual	
  Victimization	
  of	
  College	
  Women	
  Survey	
  (2000)]	
  
Key Findings	


•  3 in 10 women report being injured
   emotionally or psychologically from being
   stalked	

•  Victim reported threats or attempted harm in
   15.3% of incidents	

•  Victim reported that the stalker forced or
   attempted sexual contact in 10.3% of
   incidents	


 [National	
  Sexual	
  Victimization	
  of	
  College	
  Women	
  Survey	
  (2000)]	
  
Reported Stalking Incidents	



 Overall, 83.1% of stalking incidents were NOT
                 reported to police	

                         	

                      BUT….	

                         	

93.4% of victims confided in someone, most often
      a friend, that they were being stalked	



   [National	
  Sexual	
  Victimization	
  of	
  College	
  Women	
  Survey	
  (2000)]	
  
Dr. David Lisak’s Research	




•  The Rape Paradox:	

 ü    Millions of Victims	

 ü    Approx. 5% of rapists are incarcerated or
       in treatment programs 	


•  Where are all the rapists?
Lisak Study Methodology	



•  Summary of studies of 1,882 men	

 ü    Duke University & University of
       Massachusetts (1986-2000)	

 ü    Men were interviewed as part of
       the study… they were volunteer
       participants	


        Research Published in Violence and Victims, Volume 17, Number 1 (February 2002)
Lisak Methodology	





“Have you ever had sexual intercourse with an
adult when they didn’t want to because you
used physical force (twisting their arm, holding
them down, etc.) if they didn’t cooperate?”
Lisak Study Findings	


        1882 Men Assessed: 120 Rapists	

•  483 rapes & attempted rapes of women they knew	

•  63% had committed multiple rapes	

•  Average = 4/rapist	

•  Rapist patterns	

•  Percentage of population rapists (small)
Title IX – What Does It Require?	


Why a DCL?	

Title IX of the Education Amendments of1972 (“Title
IX”), 20 U.S.C. Sec.1681, et seq., prohibits
discrimination on the basis of sex in any federally
funded education program or activity. ED is issuing the
DCL to explain that the requirements of Title IX cover
sexual violence and to remind schools6 of their
responsibilities to take immediate and effective steps
to respond to sexual violence in accordance with the
requirements of Title IX.
Title IX – What Does It Require?	

•  Once you know or reasonably should know of
   possible sexual violence, take immediate action;	

•  If sexual violence has occurred, take prompt and
   effective steps to end it, prevent its recurrence, and
   address effects;	

•  Take steps to protect the complainant; 	

•  Provide grievance procedures for students to file
   complaints;	

•  Use the preponderance of evidence standard; and,	

•  Notify both parties of the outcome of a complaint
Challenge #1 – Denial	

•  Societal	

  ü    There’s rape and then “there’s rape-rape”	

  ü    If fear is in the room…	

•  Institutional	

  ü    Why the sudden interest and attention?	

  ü    1 in 5 college students robbed…	

•  Individual	

  ü    Respecting boundaries	

  ü    Knowing what’s rape
Challenge #1 – Denial	

Societal
Challenge #1 – Denial	

	

OPPORTUNITIES	

      •  Do it with “Data” 	

      •  Consistent messages about VAW within both
         contexts	

      •  Reinforce support for survivors	

      •  Reinforce accountability for offenders	

      •  Train entire campus 	

      •  Bystander Intervention
Challenge #1 – Denial	


	

Bystander Intervention	

      •  Evidence-based programming	

      •  Strong results from work in the military	

      •  Some institutional policies can promote social
         norm of appropriate intervention	

      •  Each campus community member must see
         themselves as a “bystander”
Challenge #2 – Touch Points	





 Many “touch points” offer
opportunities and challenges
Challenge #2 – Touch Points	



•  Campus Public Safety (sworn/non-sworn)	

•  Student Affairs (Dean, Residence Life, RAs)	

•  Health Services	

•  Counseling Center	

•  Women’s Center (advocates)	

•  Academic Dean’s Offices & Faculty	

•  Off-campus resources
Challenge #2 – Touch Points	



CHALLENGES	

 -  Poor collaboration leads to cross purposes and poor
    support for survivors	

 -  Complex and confusing reporting policies complicates the
    process	

OPPORTUNITIES	

 -  Strong collaboration (before incidents are reported)
    ensures survivor’s interest remain top priority	

 -  Advocates embedded in PD; appropriate protocols
Challenge #3 - Coordination	





 Coordination – inside and
outside the institution – often
       creates tension
Challenge #3 - Coordination	


•  Poor coordination creates barriers to reporting	

      ü    Fear of not being believed/taken seriously	

      ü    Fear of being retaliated against	

      ü    Fear of losing social supports	

      ü    Fear of “getting in trouble” for multiple policy
            violations	

      ü    Difficulties in understanding/identifying what
            happened	

      ü    Lack of clear structure for support and/or reporting
Challenge #3 - Coordination	



•  Campus public safety	

•  Local police	

•  Student Affairs	

•  Prosecution
Challenge #3 - Coordination	



•  What are community expectations?
   (several constituents)	

•  Do local police handle cases? If so, which?
   What protocols exist to determine?	

•  Do campus police handle? What protocols
   exist to determine?	

•  “Administrative” Investigations/Inquiries
Challenge #3 - Coordination	


CHALLENGES	

   •  Are public safety officers trained to appropriate
      level?	

   •  Are they representing survivor, institution, or “the
      people?”	

   •  Deans want to move forward (Title IX)	

   •  Prosecutors want to build best possible case	

SUCCESSES	

 •  Pre-coordination & REAL Relationships 	

 •  Close coordination when incident reported
Challenge #3 - Coordination	



SUCCESSES	

•  Clear, easy-to-access policies which
   direct students to specific resources	

•  Training of all students, faculty and
   staff regarding policies and processes	

•  Written notification of rights and
   reporting options, structures
Challenge #4 – Support Services	





Existence and coordination of
       support services
Challenge #4 – Support Services	



CHALLENGES	

•  Not all campuses have victim support services;
   survivors may rely on community resources	

•  Local providers may not understand campus
   processes or culture; could lead to poor advice
   or worst, further danger for the survivor
Challenge #4 – Support Services	

	

SUCCESSES	

•  On and off campus advocates work closely together; 	

      ü    Some jurisdictions, advocates serve both community
            and campus (capitalization)	

•  Close coordination and communication 	

      ü  Positive working relationships with all providers both
          on and off campus	

      ü  Local support services understand campus culture
          and processes	

      ü  Regular meetings to practice a coordinated response
Challenge #4 – Support Services	



SUCCESSES	

•  Specialized training in VAW, trauma,
   policies, processes and resources	

•  Confidentiality	

•  24/7, free and inclusive services	

•  Centralized coordination of services
Challenge #4 – Support Services	




SUCCESSES	

•  Clear and consistent referral processes	

•  No “passing the buck”	

•  Follow-up, follow-up, follow-up
Challenge #5 – Lack of Knowledge	





  Campus may not adequately
understand and/or acknowledge
the nature and dynamic of VAW
             crimes
Challenge #5 – Lack of Knowledge	


CHALLENGES	

•  Lack of knowledge in Student Affairs
   and Police/Security Departments	

•  Correlation between violence against
   women crimes	

•  Failure to acknowledge the prevalence
   of relationship violence	

•  Judicial Board Training
Challenge #5 – Lack of Knowledge	





SUCCESSES	

•  Fully informed campus constituents	

•  VAWA Grants require joint training 	

•  Presence of viable crime prevention
   and security awareness programs (e.g.:
  Men Against Rape programs)
Legal Landscape	

	

•  Clery Act (educational programming;
   notifications; crime prevention; support;
   discipline)	

•  Campus Sex Crimes Prevention Act (2000)    	





•  Campus Sexual Violence Elimination Act
   (SaVE Act) (pending legislation)	

•  Case Law & Clery Act program reviews
Opportunities for Success	

	

•  Collaboration	

•  Communication 	

•  Coordination 	

•  Capitalization
Resources	


•  http://www.margolis-healy.com/index.php/resources/
   violence_against_women	

•  www.securityoncampus.org	

•  Stalking Resource Center (http://www.ncvc.org/src/)	

•  US DOJ Office on Violence Against Women	

•  International Association of Chiefs of Police (IACP) –
   Law Enforcement Leadership Institute on Violence
   Against Women	

•  Dr. David Lisak, UMASS Boston
Contact	


      Steven J. Healy	

      866-817-5817	

shealy@margolis-healy.com 	

 www.margolis-healy.com

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The Challenges of Preventing & Responding to Violence Against Women Crimes on Campus, VACLEA Conference 2011

  • 1. The Challenges of Preventing & Responding to Violence Against Women Crimes On Campus VACLEA Summer Conference June 2011
  • 2. Agenda •  Introduction •  Research •  Challenges & Opportunities •  Legal Landscape
  • 5. Challenges Addressing VAW We MUST Avoid: “Compounding the lack of transparency, Yale maintains its own campus police force, to which sex-crime victims are encouraged to report their complaints if they insist upon formal documentation. But victims often do not understand that this actually tends to contain potentially embarrassing scandals, by preventing real – that is, accountable – law enforcement from getting involved.”
  • 7. Challenges Addressing VAW •  Campuses have unique challenges due to climate, environment and culture ü  Significant concentration of young adults ü  Mutual support ü  Sometimes - conflicting goals! •  Collaboration, communication, coordination and capitalization are keys
  • 8. Research National  Sexual  Victimization  of  College  Women  Survey   (2000)  
  • 9. Prevalence of Sexual Assault 1 in 36 college women in any 7 month period; 90% of perpetrators are known to the victim Fisher, Cullen & Turner, 2000: The Sexual Victimization of College Women
  • 10. Key Findings •  2.8% experienced a rape or attempted rape (previous 7 month period) •  Data suggests nearly 5% of college women are victimized in a calendar year (5,000 = 250) •  Over course of college career, 20 to 25% will experience rape or attempted rape [National  Sexual  Victimization  of  College  Women  Survey  (2000)]  
  • 11. Key Findings •  3 in 10 women report being injured emotionally or psychologically from being stalked •  Victim reported threats or attempted harm in 15.3% of incidents •  Victim reported that the stalker forced or attempted sexual contact in 10.3% of incidents [National  Sexual  Victimization  of  College  Women  Survey  (2000)]  
  • 12. Reported Stalking Incidents Overall, 83.1% of stalking incidents were NOT reported to police BUT…. 93.4% of victims confided in someone, most often a friend, that they were being stalked [National  Sexual  Victimization  of  College  Women  Survey  (2000)]  
  • 13. Dr. David Lisak’s Research •  The Rape Paradox: ü  Millions of Victims ü  Approx. 5% of rapists are incarcerated or in treatment programs •  Where are all the rapists?
  • 14. Lisak Study Methodology •  Summary of studies of 1,882 men ü  Duke University & University of Massachusetts (1986-2000) ü  Men were interviewed as part of the study… they were volunteer participants Research Published in Violence and Victims, Volume 17, Number 1 (February 2002)
  • 15. Lisak Methodology “Have you ever had sexual intercourse with an adult when they didn’t want to because you used physical force (twisting their arm, holding them down, etc.) if they didn’t cooperate?”
  • 16. Lisak Study Findings 1882 Men Assessed: 120 Rapists •  483 rapes & attempted rapes of women they knew •  63% had committed multiple rapes •  Average = 4/rapist •  Rapist patterns •  Percentage of population rapists (small)
  • 17. Title IX – What Does It Require? Why a DCL? Title IX of the Education Amendments of1972 (“Title IX”), 20 U.S.C. Sec.1681, et seq., prohibits discrimination on the basis of sex in any federally funded education program or activity. ED is issuing the DCL to explain that the requirements of Title IX cover sexual violence and to remind schools6 of their responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX.
  • 18. Title IX – What Does It Require? •  Once you know or reasonably should know of possible sexual violence, take immediate action; •  If sexual violence has occurred, take prompt and effective steps to end it, prevent its recurrence, and address effects; •  Take steps to protect the complainant; •  Provide grievance procedures for students to file complaints; •  Use the preponderance of evidence standard; and, •  Notify both parties of the outcome of a complaint
  • 19. Challenge #1 – Denial •  Societal ü  There’s rape and then “there’s rape-rape” ü  If fear is in the room… •  Institutional ü  Why the sudden interest and attention? ü  1 in 5 college students robbed… •  Individual ü  Respecting boundaries ü  Knowing what’s rape
  • 20. Challenge #1 – Denial Societal
  • 21. Challenge #1 – Denial OPPORTUNITIES •  Do it with “Data” •  Consistent messages about VAW within both contexts •  Reinforce support for survivors •  Reinforce accountability for offenders •  Train entire campus •  Bystander Intervention
  • 22. Challenge #1 – Denial Bystander Intervention •  Evidence-based programming •  Strong results from work in the military •  Some institutional policies can promote social norm of appropriate intervention •  Each campus community member must see themselves as a “bystander”
  • 23. Challenge #2 – Touch Points Many “touch points” offer opportunities and challenges
  • 24. Challenge #2 – Touch Points •  Campus Public Safety (sworn/non-sworn) •  Student Affairs (Dean, Residence Life, RAs) •  Health Services •  Counseling Center •  Women’s Center (advocates) •  Academic Dean’s Offices & Faculty •  Off-campus resources
  • 25. Challenge #2 – Touch Points CHALLENGES -  Poor collaboration leads to cross purposes and poor support for survivors -  Complex and confusing reporting policies complicates the process OPPORTUNITIES -  Strong collaboration (before incidents are reported) ensures survivor’s interest remain top priority -  Advocates embedded in PD; appropriate protocols
  • 26. Challenge #3 - Coordination Coordination – inside and outside the institution – often creates tension
  • 27. Challenge #3 - Coordination •  Poor coordination creates barriers to reporting ü  Fear of not being believed/taken seriously ü  Fear of being retaliated against ü  Fear of losing social supports ü  Fear of “getting in trouble” for multiple policy violations ü  Difficulties in understanding/identifying what happened ü  Lack of clear structure for support and/or reporting
  • 28. Challenge #3 - Coordination •  Campus public safety •  Local police •  Student Affairs •  Prosecution
  • 29. Challenge #3 - Coordination •  What are community expectations? (several constituents) •  Do local police handle cases? If so, which? What protocols exist to determine? •  Do campus police handle? What protocols exist to determine? •  “Administrative” Investigations/Inquiries
  • 30. Challenge #3 - Coordination CHALLENGES •  Are public safety officers trained to appropriate level? •  Are they representing survivor, institution, or “the people?” •  Deans want to move forward (Title IX) •  Prosecutors want to build best possible case SUCCESSES •  Pre-coordination & REAL Relationships •  Close coordination when incident reported
  • 31. Challenge #3 - Coordination SUCCESSES •  Clear, easy-to-access policies which direct students to specific resources •  Training of all students, faculty and staff regarding policies and processes •  Written notification of rights and reporting options, structures
  • 32. Challenge #4 – Support Services Existence and coordination of support services
  • 33. Challenge #4 – Support Services CHALLENGES •  Not all campuses have victim support services; survivors may rely on community resources •  Local providers may not understand campus processes or culture; could lead to poor advice or worst, further danger for the survivor
  • 34. Challenge #4 – Support Services SUCCESSES •  On and off campus advocates work closely together; ü  Some jurisdictions, advocates serve both community and campus (capitalization) •  Close coordination and communication ü  Positive working relationships with all providers both on and off campus ü  Local support services understand campus culture and processes ü  Regular meetings to practice a coordinated response
  • 35. Challenge #4 – Support Services SUCCESSES •  Specialized training in VAW, trauma, policies, processes and resources •  Confidentiality •  24/7, free and inclusive services •  Centralized coordination of services
  • 36. Challenge #4 – Support Services SUCCESSES •  Clear and consistent referral processes •  No “passing the buck” •  Follow-up, follow-up, follow-up
  • 37. Challenge #5 – Lack of Knowledge Campus may not adequately understand and/or acknowledge the nature and dynamic of VAW crimes
  • 38. Challenge #5 – Lack of Knowledge CHALLENGES •  Lack of knowledge in Student Affairs and Police/Security Departments •  Correlation between violence against women crimes •  Failure to acknowledge the prevalence of relationship violence •  Judicial Board Training
  • 39. Challenge #5 – Lack of Knowledge SUCCESSES •  Fully informed campus constituents •  VAWA Grants require joint training •  Presence of viable crime prevention and security awareness programs (e.g.: Men Against Rape programs)
  • 40. Legal Landscape •  Clery Act (educational programming; notifications; crime prevention; support; discipline) •  Campus Sex Crimes Prevention Act (2000) •  Campus Sexual Violence Elimination Act (SaVE Act) (pending legislation) •  Case Law & Clery Act program reviews
  • 41. Opportunities for Success •  Collaboration •  Communication •  Coordination •  Capitalization
  • 42. Resources •  http://www.margolis-healy.com/index.php/resources/ violence_against_women •  www.securityoncampus.org •  Stalking Resource Center (http://www.ncvc.org/src/) •  US DOJ Office on Violence Against Women •  International Association of Chiefs of Police (IACP) – Law Enforcement Leadership Institute on Violence Against Women •  Dr. David Lisak, UMASS Boston
  • 43. Contact Steven J. Healy 866-817-5817 shealy@margolis-healy.com www.margolis-healy.com