Policy, Title IX & the Justice System: Survivor-Centered Civil Rights Approachesto Campus Gender-Based Violence

Nancy Chi CantalupoJen Luettel SchweerPAVE SummitSeptember 27, 2013

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

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

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)

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

“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

Results of Criminalized/Non-Survivor-Centered Model

Surviving Students– Title IX

U of Colorado, Boulder: 7 figure settlement; Pres + 12 officials fired

– Clery Act + State law claimsEMU 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

“Decriminalized” Response:The Victims’ Services Office

Victim Services

Health Center

Counseling Office

Student ConductCampus Police

Academic Dean

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

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

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?

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