A Litany of Barriers, A Culture of Secrecy Center for Public Integrity Uncovers Systematic Problems in Higher Education's Handling of Sexual Assault Cases Published on Dec 1, 2009 - 8:19:07 AM
WASHINGTON, D.C. Dec. 1, 2009 - Students who have been the victim of sexual assaults on campus face a depressing array of barriers that often either assure their silence or leave them feeling victimized a second time, according to a nine-month investigation by the Center for Public Integrity.
Nearly half of the 33 students interviewed by the Center reported they unsuccessfully sought criminal charges for being sexually assaulted; district attorneys regularly shy away from such cases, because they are “he said, she said” disputes sometimes clouded by drugs or alcohol. That frequently leaves students to deal with a campus judiciary system shrouded in secrecy. Those who do come forward can encounter mysterious disciplinary proceedings, closed-mouth school administrations, and off-the-record negotiations.
“As if being a victim of sexual assault isn’t difficult enough, it becomes even more traumatic when survivors’ schools become barriers to justice,” said Center for Public Integrity Executive Director, Bill Buzenberg. “These judicial proceedings often do little more than re-victimize an already vulnerable student.”
At times, school policy and practices lead to dropped complaints and, in some cases, gag orders later found to be illegal. The Center’s investigation has found that many university processes lack transparency or accountability, and regularly result in little or no punishment for alleged assailants.
Problems begin even before university officials get involved, the Center found. The vast majority of students who are sexually assaulted on campus remain silent -- 95 percent did not report incidents to police or other campus officials, according to one national study. Many victims don’t report because they blame themselves, or don’t identify what happened as sexual assault. Friends frequently don’t know how to respond, and colleges don’t bother to teach them. A host of institutional obstacles compound the problem, according to the Center’s probe. Many students don't even get as far as a campus hearing.
The Center interviewed 48 experts familiar with the college disciplinary process -- student affairs administrators, conduct hearing officers, assault services directors, and victim advocates -- as well as 33 female students who reported being raped by other college students. The Center also surveyed 152 crisis-services programs and clinics on or near college campuses over the past academic year. The inquiry included a review of records in select cases, and examinations of 10 years worth of complaints filed against institutions with the Education Department under Title IX and the Clery Act -- two laws requiring schools to respond to assault claims and to offer key rights to alleged victims.
Another law, the Family Educational Rights and Privacy Act, contributes to problems and confusion, the Center found. FERPA forbids schools from divulging students’ educational records, including disciplinary records. Some administrators believe it binds them to silence on case details, but others aren’t so sure. Victim advocates contend that colleges use the law as a smokescreen to cover up campus crimes.
The Center’s Sexual Assault on Campus project will be released over a three-day period beginning December 1.
Report: Sexual Assault on Campus: www.publicintegrity.org
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