PRESS RELEASE
Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org
Sexual Assault Survivors Reveal Widespread Mistreatment at the Hands of Campus “Kangaroo Courts”
WASHINGTON / August 25, 2020 – Over the past nine years, male and female victims of campus sexual assault have reported numerous instances of mistreatment and neglect by university officials. The persistent problem led survivors to file complaints to the federal Office for Civil Rights. Over the past decade, complaints to the OCR increased over four-fold, from 17,724 (2000-2010) to 80,739 (2011-2020). [1] The problem is reflected in the growing number of lawsuits filed against universities, with 650 claims filed to date. [2]
Both female and male victims of sexual assault have been shortchanged by their universities.
One female student at the University of Wisconsin-Whitewater charged, “I don’t think anybody should be treated the way that I was. It was worse than the assault, a lot worse. I regret with everything, coming forward and saying anything.” [3]
A male victim at Drexel University reported his sexual assault to campus administrators at least seven times, but the university never acted on his complaint. He stated one university official dismissed his rape claim as “ludicrous.” [4]
Penn State, Michigan State, and the University of Southern California (USC) have been in the news in recent months for gross mistreatment of victims:
- At Penn State, the Office for Civil Rights identified several cases in which the university, after receiving a complaint of sexual assault, delayed its investigation for so long that the complainant chose to abandon the process. The OCR report noted, “(T)here are serious inadequacies in how the University treats both complainants and respondents in cases of alleged sexual harassment that need correction in order to bring the University into compliance with Title IX.” [5]
- Michigan State is facing a possible U.S. Supreme Court challenge after three former students petitioned the court to review their Title IX case and reverse the lower appellate court decision. The original lawsuit cited lack of adequate response to their reports of sexual assault. [6]
- The University of Southern California is facing a federal lawsuit after California Court of Appeal reversed a trial court decision and overturned a male student’s expulsion, ruling that his Title IX proceeding was “unfair.” The student, a former USC football star, is now forging ahead with a seven-count federal lawsuit on the grounds of “breach of contract, infliction of emotional distress, negligence and selective enforcement of Title IX.” [7]
A SAVE analysis documents seven ways by which the new Title IX regulation supports and assists complainants. [8]
- Establishes a legally enforceable duty of universities to respond to such cases in a timely manner.
- Requires the school to investigate allegations of sexual assault, domestic violence, dating violence, and harassment.
- Requires the school to offer complainants supportive measures, such as class or dorm reassignments or no-contact orders, even if an investigation is not initiated.
- Defines the procedures to properly investigate and adjudicate such complaints.
- Promotes victim autonomy by allowing the complainant to participate in dispute resolution or withdraw a complaint, if desired.
- Ensures complainants are not required to disclose any confidential medical, psychological, or similar records.
- Discourages minor complaints that tend to dilute the availability of resources and harm the credibility of future victims.
Universities now have a legally enforceable duty to respond to victim complaints in a timely and thorough manner and to investigate allegations of sexual assault, domestic violence, dating violence and harassment. No longer should any survivor of sexual assault have to experience mistreatment and neglect from university administrators.
Citations:
[1] https://www2.ed.gov/about/overview/budget/budget20/justifications/z-ocr.pdf
[2] https://www.titleixforall.com
[3] https://medium.com/@sarah4mayor/university-of-wisconsin-whitewater-wrestling-a-lawsuit-1a28beeec1a5
[4] https://casetext.com/case/saravanan-v-drexel-univ
[7] https://www.foxnews.com/us/expelled-usc-football-player-legal-victory-title-ix-case