Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org
To Minimize Liability Threat, SAVE Urges Immediate Discontinuation of Trauma-Informed Investigations
WASHINGTON / November 4, 2019 – A scientific article published last week has strongly criticized the use of “trauma-informed’ investigations on college campuses. Trauma-informed methods attribute inconsistencies and contradictions in a complainant’s statements to the trauma she allegedly experienced (1). Titled “Title IX Investigations: The Importance of Training Investigators in Evidence-Based Approaches to Interviewing” (2), the article provides a detailed analysis of the research basis for the use of trauma-informed methods by Title IX investigators.
Written by Iowa State University professors Christian Meissner and Adrienne Lyles, the article concludes:
— “We know of no scientific studies that support this contention of neurobiological response differences between perpetrators and victims.”
— “A search of the available research literature yielded no published, peer-reviewed studies on the efficacy or effectiveness of FETI.” Forensic Experiential Trauma Interviews, known as “FETI,” are a trauma-informed method widely used on college campuses.
The Meissner and Lyles analysis was the third article published in recent months that analyzed and refuted trauma-informed precepts. In September, the Center for Prosecutor Integrity issued a report on trauma-informed concepts that concluded, “The impacts of trauma on memories and recall are widely variable. The stress accompanying and resulting from trauma may produce strong memories, impair memories, have no effect on memories, or increase the possibility of false memories.” (3)
A third article specifically warned of the liability risk of Title IX administrators attending such guilt-presuming training courses: “You will need to assess whether you can afford to have a non-empirical, biased training on your resume in this age of litigation,” according to the Association of Title IX Administrators (4).
The use of trauma-informed and other unproven investigative methods places universities at liability risk. A 2017 analysis of 130 lawsuits against universities found investigative failures were the most commonly listed allegation (5). A 2019 analysis of lawsuits in which the judge ruled against the university identified dozens of cases in which biased investigations were listed as significant allegations of fact (6).
Investigative journalist Emily Yoffee has written about trauma-informed philosophy, “The spread of an inaccurate science of trauma is an object lesson in how good intentions can overtake critical thinking, to potentially harmful effect….University professors and administrators should understand this. And they, of all people, should identify and call out junk science.” (7)
Citations:
- http://www.prosecutorintegrity.org/sa/trauma-informed/
- Christian A. Meissner, Adrienne M. Lyles. Title IX Investigations: The Importance of Training Investigators in Evidence-Based Approaches to Interviewing. Journal of Applied Research in Memory and Cognition, 2019.
- http://www.prosecutorintegrity.org/wp-content/uploads/2019/09/Review-of-Neurobiology-of-Trauma-9.1.2019.docx
- https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2019/08/20123741/2019-ATIXA-Trauma-Position-Statement-Final-Version.pdf
- https://www.proskauer.com/report/title-ix-report-the-accused-08-28-2017
- http://www.saveservices.org/sexual-assault/complaints-and-lawsuits/lawsuit-analysis/
7. The Bad Science Behind Campus Response to Sexual Assault. https://www.theatlantic.com/education/archive/2017/09/the-bad-science-behind-campus-response-to-sexual-assault/539211/