Monday, January 5, 2015

Are Colleges Capable of Handling Sexual Assaults? by blogger Ryan Flynn


As more news comes in about how the University of Virginia is handling new sexual assault allegations, the question should be presented: are colleges capable of handling sexual assaults?

This past fall I became a senior student representative on the Title IX Task Force at my college, and for the most part we have focused on how to spread sexual assault awareness utilizing the It’s On Us campaign. With that being said, on more than one occasion I have wondered myself whether a committee of college faculty, students, and administrators are capable of taking care of a sexual assault if one were to occur.

Before delving into the topic I should say that from all accounts, the college I attend has been very good at helping any victims of sexual assault reach the proper avenues and help, as well as helping them feel safe on the college campus from then on. However, like the University of Virginia has proved, many colleges cannot say the same. Many colleges would rather sweep sexual assaults under the rug, which unfortunately right now they have the power to do so.

At many big institutions, schools hold rape trials to determine innocence or guilt of those accused. According to the New York Times columnist Jed Rubenfeld’s November 15, 2014 article, “Mishandling Rape”, “mistaken findings of guilt are a real possibility because the federal government is forcing schools to use a lower evidentiary standard—the ‘more likely than not’ standard, which is much less exacting than criminal law’s ‘proof beyond a reasonable doubt’ requirement—at their rape trails.” Many professionals agree that this is not fair, as 28 Harvard law professors just recently condemned their university’s new sexual assault procedures for lacking fairness and due process and for having an overwhelming bias against the accused.

Even once the trials find an accused guilty, the punishments tend to be just a slap on the wrist, such as sensitivity training or suspension. Even expulsion is a slap on the wrist compared to what an actual court could do. With colleges currently having no incentive to report sexual assaults to law enforcement without the victim reporting it themselves, the best that colleges can do is deal with the assaults internally leading to the problems stated above.

This is why the federal government put out the new It’s On Us campaign to focus on intervention rather than dealing with the results of a sexual assault. It is much easier to prevent than resolve.

However, It’s On Us is only one step in the battle to end sexual assault on college campuses. If we want to get serious about sexual assaults, then it is time to treat them as what they are: a crime that deserves a harsh adult punishment, not a slap on the wrist.

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