{"id":202,"date":"2018-01-17T17:27:00","date_gmt":"2018-01-17T17:27:00","guid":{"rendered":"http:\/\/hqnn.org\/hqpress\/2018\/01\/17\/20171127title-ix-transformation-guiding-against-revictimization-at-quinnipiac\/"},"modified":"2020-09-05T19:48:47","modified_gmt":"2020-09-05T19:48:47","slug":"20171127title-ix-transformation-guiding-against-revictimization-at-quinnipiac","status":"publish","type":"post","link":"https:\/\/hqnn.org\/hqpress\/2018\/01\/17\/20171127title-ix-transformation-guiding-against-revictimization-at-quinnipiac\/","title":{"rendered":"Title IX Transformation: Guiding against revictimization at Quinnipiac"},"content":{"rendered":"

By Angela Varney<\/p>\n

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Tears. <\/p>\n

That\u2019s what people expect from someone who has just survived a sexual assault. <\/p>\n

Support.<\/p>\n

That\u2019s what survivors expect from others after having just survived a sexual assault.<\/p>\n

But as Christina, then 19, sat in that cold room for a hearing in front of a board of strangers who were forcing her to relive the details of the night it happened, tears never came. <\/p>\n

To make matters worse, her assaulter was sitting in the same room, just beyond a divider. She couldn\u2019t see him, but she could feel that he was there. She didn\u2019t speak to him, but she could hear his voice.<\/p>\n

And as Christina left that room without a ruling to give her closure, support never came.<\/p>\n

One in five women and one in 16 men are sexually assaulted while in college.<\/p>\n

More than 90 percent of sexual assault victims on college campuses do not report the assault. <\/p>\n

Christina was part of the minority who do. But, as she left her Title IX hearing, she knew changes to the process had to be made. <\/p>\n

The U.S. Board of Education knew this, too. But it had other changes in mind.<\/p>\n

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On Sept. 22, U.S. Education Secretary Betsy DeVos introduced new interim guidance for schools on how to investigate and adjudicate allegations of campus sexual misconduct under federal law. These sexual misconduct cases fall under Title IX\u2014a nationwide federal statute applied to grades K-12, higher education institutions and other educational agencies and intended to protect people from sex discrimination in education programs or other activities, according to the Department of Education. <\/p>\n

\u201cThe interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,\u201d DeVos said in a statement. While she wants sexual misconduct issues to be handled \u201chead-on\u201d on college campuses, DeVos said she believes the process needs to be more equitable for the accused student.<\/p>\n

Perhaps the biggest change outlined in the guidance allows universities to modify the standard of evidence by which they rule on campus sexual assault cases. Schools are now able to move from a \u201cpreponderance of evidence\u201d to a \u201cclear and convincing\u201d standard of proof. <\/p>\n

The higher standard of evidence makes cases of sexual misconduct more difficult to prove. The new standard requires more evidence, closer to the \u201cbeyond-a-reasonable-doubt\u201d standard employed in federal court cases. This is where the guidance stirs up controversy: Proponents of the higher evidence standard claim that this will allow for a fairer process for both parties, while opponents argue that it will discourage students from reporting sexual assaults. <\/p>\n<\/p>\n<\/p>\n
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National Sexual Violence Resource Center, 2015.<\/strong><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/p><\/div>\n<\/p>\n<\/p>\n
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National Sexual Violence Resource Center, 2015.<\/strong><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/p><\/div>\n

Title IX is best known for helping to bring equality to women\u2019s athletics, but it also governs sexual misconduct cases at educational institutions \u2014 which is what the new interim guidance focuses on. <\/p>\n<\/p>\n<\/p>\n
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Quinnipiac senior, Ian Zeitlin.<\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/p><\/div>\n

Quinnipiac senior Ian Zeitlin, senior class representative for the Student Government Association and president of WISH (Women in Support of Humanity), is opposed to the idea of schools implementing the higher standard. <\/p>\n

\u201cWhen it comes down to it, going to that higher level of evidence is really damaging,\u201d Zeitlin said. \u201cWe\u2019re coming from a society where we already have a number of untold cases that are not reported because of the pressures put on by other people in a system that doesn\u2019t always work in favor of survivors. Putting forward a message that you need more evidence makes it harder for people to think that, if they come forward, they\u2019ll be treated fairly or that people will be on their side.\u201d <\/p>\n

However, it is ultimately up to the schools to decide whether or not they choose to adopt this new guidance. Seann Kalagher, the associate dean of Student Affairs and deputy Title IX coordinator for students at Quinnipiac, said that the new guidance is simply supplemental. <\/p>\n

\u201cThe thing is, with the new guidance, it didn\u2019t tell us what we have to do,\u201d Kalagher said, sitting at his desk with his hands folded neatly in his lap. \u201cIt really just said, \u2018Some things we told you that you couldn\u2019t do are now available to you.\u2019 \u201d<\/p>\n

Terri Johnson, associate vice president of operations and Title IX coordinator at Quinnipiac, sent an email to students regarding the new guidance on the Monday following DeVos\u2019 initial statements. The email was sent to clarify what was proposed by DeVos and outlined how Quinnipiac plans to respond.<\/p>\n

How does Quinnipiac plan to respond? <\/p>\n

Thanks, but no thanks, Mrs. DeVos. <\/p>\n

\u201cIt is important to note that the Quinnipiac Title IX team carefully and continuously reviews our policies to ensure timely and equitable treatment for both the reporting and responding parties; we will certainly continue to do so as the Department of Education changes evolve through the current administration,\u201d Johnson wrote. \u201cIt is equally important to note that the action last week does not change Quinnipiac\u2019s obligations, policies or procedures.\u201d<\/p>\n<\/p>\n<\/p>\n
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Associate Dean of Student Affairs and Deputy Title IX Coordinator, Seann Kalagher.<\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/p><\/div>\n

The email also highlighted the fact that Quinnipiac has no plans to adjust the appeals process either. Quinnipiac currently allows both parties to appeal a decision and will continue to do so despite the guidance\u2019s suggestion that only allow the accused student be allowed an appeal.  Johnson concluded the email by listing resources for support.  <\/p>\n

Kalagher refers to the new guidance, however, as a \u201cplaceholder\u201d \u2013 certain that it was issued temporarily until the Department of Education can conduct a more comprehensive regulatory process in which it will negotiate changes to overhaul Title IX policy regulations. <\/p>\n

Zeitlin agrees. \u201cI think this year\u2019s \u201ctrial period\u201d essentially is being used as more of a \u201ccooling-off\u201d period before they say they\u2019re going to possibly put forth guidelines that make it harder to prove or accuse someone of sexual assault,\u201d Zeitlin said.<\/p>\n

With the likelihood of a Title IX overhaul in the future, officials on both sides say it is important for colleges and universities to be on the same page as their students in order to brace for the impact of a potentially permanent and mandatory revised policy. The conduct process is where faculty members and students have the greatest opportunity to work together to ensure that students aren\u2019t discouraged from coming forward.<\/p>\n

Courtney McKenna, director of Student Affairs and a Title IX investigator at Quinnipiac, defended the school\u2019s adherence to the original standard of evidence while describing the process by which sexual assault cases are handled.<\/p>\n

\u201cI think our process is really fair and student centered,\u201d McKenna said, smiling. \u201cIt\u2019s always about, \u2018How do we make sure we find as much information as we can as appropriately as possible while keeping the students in mind?\u2019\u201d <\/p>\n

McKenna described the sexual assault case process as \u201cequitable\u201d \u2014 and adding that this is what makes Quinnipiac\u2019s approach successful. Once a student comes forward, the process begins. In each case, Kalagher appoints two impartial investigators who conduct interviews and acquire as much information as they can in order to reach a conclusion. <\/p>\n

Once sufficient information has been gathered by the investigators, which can take several weeks depending on the case, the findings are brought to a board hearing. The board reads all reports, identifies questions and implements a sanction as it sees fit during a hearing that generally takes place in a single day. Sanctions can range from writing a reflective essay to  removal from residential housing on campus and even expulsion from the university. <\/p>\n<\/p>\n<\/p>\n
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College-Age Victims of Sexual Violence Often Do Not Report to Law Enforcement. \u00a9 RAINN 2016.<\/strong><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/p><\/div>\n

As an investigator, McKenna takes her responsibility to seek an equitable outcome seriously and refers to the process as \u201ctrauma-informed\u201d in order to avoid what she calls \u201crevictimization.\u201d Revictimization can occur when the victim is forced to relive an event by retelling his or her story too many times or experiencing a lack of support during the recovery process itself. For McKenna, this is something she and her fellow faculty members try to avoid throughout the process.<\/p>\n

\u201cWe\u2019ve set it up so that the student isn\u2019t having to have to share with a lot of different people. They can choose if they want to share and bring a counselor or support person or friend with them to a meeting,\u201d she said. \u201cThe students involved know that if they ever need something throughout the process, they can reach out to the investigators.\u201d<\/p>\n

Christina, a junior who did not wish to share her last name to protect her identity and works as a graphic designer for Quinnipiac, had her own thoughts about the investigation process. Christina, who was in a verbally abusive relationship with a fellow Quinnipiac student that \u201chad its breaking point\u201d in an incident on campus just over a year ago, described the process as equivalent to repeatedly ripping open a wound.<\/p>\n

\u201cIt\u2019s hard because you\u2019re literally forced to relive the night over and over again. They keep going through it,\u201d Christina said, her glassy eyes staring straight ahead. \u201cThey ask you a ton of questions because they want a very thorough investigation. My case took three to four months. There\u2019s weeks where they don\u2019t need anything from you, and those are good weeks, but they rip open the wound again next week when they need more information from you. Each time it gets appealed, it\u2019s like a fight to come up with new information so you can prove yourself.\u201d<\/p>\n

A timeline outlining the steps of a typical Title IX investigation at Quinnipiac, as described in detail by McKenna, can be seen below. <\/p>\n