Campus-Based Sexual Assault Victim Advocacy and Title IX: Revisiting Tensions Between Grassroots Activism and the Criminal Justice System

Abstract

The Department of Education's Office for Civil Rights' (OCR) Dear Colleague Letter (DCL) reinvigorated the application of Title IX to campus sexual assault and changed the way campuses are handling these incidents. This article explores Title IX from the standpoint of campus-based victim advocates working within the formal system of higher education and compares this approach to campus sexual assault with historical tensions between feminist grassroots activists and the criminal justice system. Advocates' mixed allegiances to both the institution and to feminist ideals of survivor empowerment produce conflicts and identify needs for system advocacy.

Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police

“…It draws upon earlier research from other jurisdictions and upon the accounts of 24 women who reported in Scotland, offering an opportunity to understand the experiences of a relatively small and difficult-to-access population. In addition to the inherent sensitivities involved in doing research of this nature (Brubaker, 2019), as will be discussed, the vast majority of victim-survivors do not report to the police. As such, some previous studies have focused on reporting intentions based on hypothetical scenarios rather than actual reporting behaviors.…”

Campus Sexual Assault Policies: A Feminist Policy Analysis Framework

“…The primary data for this study are federal documents and reports that have been written by both the USDOE’s OCR and the Task Force to inform institutions’ Title IX compliance. While other pieces of U.S. legislation have impacted campus sexual assault policies, this study focuses on Title IX given its frequent mention in the policy-setting documents along with key studies identified in the literature (Brubaker, 2018; Busch, 2018; Newins et al, 2018; Perkins & Warner, 2017) as well as its broad civil rights context to higher education (Cantalupo, 2016). Together, these policy-setting documents create the textual data for this analysis.…”

“…While the intention behind Title IX is to protect students, researchers, activists, and students have become increasingly wary of its impact and unintended effects such as the tension between feminist values and the criminal justice focus (Brubaker, 2018; Busch, 2018; Richards, Branch, Fleury-Steiner, & Kafonek, 2017). In a study on mandatory reporting, campus advocates expressed feeling conflicted in trying to adhere to campus policies while wanting to support feminist values of survivor empowerment (Brubaker, 2018). Busch (2018) writes that Title IX has exceeded its scope and “the process by which Title IX’s jurisdiction has expanded reveals the unchecked nature of what I term the ‘discretionary bureaucracy’” (p. 105).…”

“…Researchers have argued that, as campuses interpret the Title IX requirements, survivors increasingly experience a lack of power in reporting, seeking help, and making choices in the adjudication processes (Brubaker & Mancini, 2017; DeMatteo, Galloway, Arnold, & Patel, 2015; Holland, Cortina, & Freyd, 2018; Holland & Cortina, 2017; Mancini, Pickett, Call, & Roche, 2016). Brubaker (2018) writes, “mandatory reporting takes control away from survivors who may not want to pursue a formal investigation and prevents them from being able to seek support and services” (p. 14). Weiss and Lasky (2018) argue that college students are adults with the ability to report independently without having adults on campus make those reports for them.…”

“…Researchers have incorporated feminist analyses to study the impact of campus policies resulting from Title IX. Brubaker (2018) used a feminist standpoint approach to identify the conflicts that campus advocates expressed with respect to the campus versus feminist values of empowerment, agency, and autonomy for survivors. Similarly, Busch (2018) incorporated a feminist standpoint analysis when reviewing Title IX, noting the feminist criticisms of the policy’s implementation that fails to protect and support students.…”