PR: Impartial and Fair Investigations at Risk in Four States Eyeing ‘Trauma-Informed’ Methods

Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org

Impartial and Fair Investigations at Risk in Four States Eyeing ‘Trauma-Informed’ Methods

WASHINGTON / March 25, 2020 – Proposed legislation in New Hampshire, Massachusetts, California, and Hawaii would require universities to use controversial “trauma-informed” methods for investigations of allegations of campus sexual assault. Investigative reporter Emily Yoffe has concluded that “trauma-informed” methods represent a form of “junk science.” (1)

Numerous judicial opinions have found “trauma-informed” investigations presume the guilt of the accused and violate due process (2). In Norris v University of Colorado, Boulder, the university’s motion-to-dismiss was denied as the Plaintiff argued that a trauma-informed approach reflected bias by university investigators (3). In Doe v Syracuse University, the court criticized the university’s apparent bias based on “the influence on university officials of trauma-informed training”(4).

Even though the Department of Education’s April 2014 Q&A on Title IX and Sexual Violence with language about “effects of trauma, including neurobiological changes” was officially withdrawn in September 2017, “Trauma-informed” concepts are featured in bills currently being debated in four states across the country:

— New Hampshire SB679 mentions “trauma-informed response” six times and mandates the policy that institutions of higher education use regarding sexual misconduct must be “trauma-informed.”(5)

— Massachusetts H4418 requires an individual who participates in the implementation of an institution of higher education’s disciplinary process for addressing complaints of sexual misconduct be trained on “the effects of trauma, including any neurological impact on a person.”(6)

— Hawaii SB2311 requires “training on the impact of trauma” and “training on the neurobiological and psychological impact of trauma, stereotypes surrounding the causes and impact of trauma, and the components of trauma-informed care.”(7)

— California SB493 includes three provisions where “trauma-informed practices” are required: during the investigation of complaints, and training for the gender-equity officer and other employees engaged in the grievance procedures must be on “trauma-informed investigatory and hearing practices.”(8)

Three major organizations that provide training to campus investigators have cautioned against the use of “trauma-informed” methods. In July 2019, law firm Holland & Knight issued a white paper warning clients that content of training will be analyzed closely, and training for investigators and adjudicators, including trauma-informed training, should be presented in a manner that is fully balanced, does not rely on sex-stereotypes, and promotes fairness and equity for both complainants and respondents (9). In August 2019, the Association of Title IX Administrators (ATIXA) released a statement to avoid the use of theories on the neurobiology of trauma to substitute for evidence (10). Likewise, End Violence Against Women International (“EVAWI”) recently issued a report that admits, “there is a legitimate concern that the scientific literature is currently being misinterpreted and misapplied in some trainings, and this can yield inaccuracies and inappropriate conclusions during the course of a sexual assault investigation.”(11)

The use of trauma-informed practices in providing mental health services to rape victims is appropriate and useful. But relying on quasi-scientific theories for campus investigations raises concerns about fairness and objectivity. More information on the scientific and legal problems with such “victim-centered” investigations is available on the SAVE website (12).

Citations:

Stop Abusive and Violent Environments is leading the national policy movement for fairness, due process and the presumption of innocence: http://www.saveservices.org/

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