“This Isn't Just a Police Issue”: Tensions between Criminal Justice and University Responses to Sexual Assault among College Students

Abstract

Sexual assault among college students is both a crime and a civil rights violation under U.S. federal Title IX policy, which prohibits discrimination on the basis of sex in educational institutions. The current study sought to understand the extent to which the criminal justice system influences university Title IX proceedings, as well as potential consequences of this influence. For this study, we conducted in‐depth qualitative interviews with a sample of 22 multidisciplinary, nationally‐recognized subject matter experts in the area of campus sexual assault response. The results indicated that criminal justice concepts and goals are indeed being conflated with and influencing university Title IX proceedings. Participants also reported that criminal investigations are often prioritized over or seen as higher quality than Title IX investigations. As a result, participants described diminished educational and civil rights protections for survivors. We discuss how the community psychology values of social justice, promoting health and well‐being, and accountability to oppressed groups can guide future efforts to reduce the spread of criminal justice influence into Title IX, improve existing Title IX proceedings, and explore alternative models of accountability beyond traditional criminal and civil approaches.

Safety and Academic Outcomes of College Campus-Based Advocacy Services

“…Advocates aim to enhance both the internal capacity for survivors to address and preempt experiences and impacts of abuse, as well as help to build communities of support and safety around survivors ( Goodman et al, 2017 ). Adapted for campuses, CBA models seek to address expressed needs in a confidential, developmentally appropriate, and culturally relevant way ( Wood et al, 2021 ; Javorka & Campbell, 2021 ). Advocacy in the campus setting may deviate from community-based programs by focusing on academic needs, the developmental tasks of emerging adulthood, and consideration of reporting implications of policies such as Title IX ( Wood et al, 2021 ; Brubaker & Keegan, 2019 ; Klein et al, 2023 ).…”

“…Advocacy in the campus setting may deviate from community-based programs by focusing on academic needs, the developmental tasks of emerging adulthood, and consideration of reporting implications of policies such as Title IX ( Wood et al, 2021 ; Brubaker & Keegan, 2019 ; Klein et al, 2023 ). Programs are offered in a range of setting, including as a standalone unit, embedded in a community program, or in partnership with other campuses services ( Klein et al, 2023 ) such as law enforcement, counseling, student health, or Title IX ( Javorka & Campbell, 2021 ).…”

“…Advocacy on campus also addresses a broad range of safety needs via resource provision and information. Programs address immediate physical safety needs through helping students identify and move into safe living situations, developing plans for safe navigation around the campus context, and identifying strategies for safety in online environments ( Wood et al, 2021 ; Javorka & Campbell, 2021 ). CBA programs address emotional safety via supportive listening, identification and support for coping strategies, and provision or referral to mental health support ( Wood et al, 2021 ).…”

Initial Reports From Early Adopters of Restorative Justice for Reported Cases of Campus Sexual Misconduct: A Qualitative Study

“…The resolution of reported incidents of campus sexual misconduct (CSM) remains a pressing challenge for U.S. colleges and universities. Given the confluence of a complex regulatory landscape under Title IX, the conflation of campus adjudication processes with criminal justice approaches to resolve these CSM cases (Javorka & Campbell, 2021), and a pattern of low reporting rates among CSM survivors (Sabina & Ho, 2014), particularly among students of diverse racial backgrounds, gender identities, and sexual orientations (Brubaker & Mancini, 2017), creative approaches to addressing instances of CSM are required. Student activists and scholars have pointed out that rather than retraumatizing survivors, institutional responses to sexual misconduct ought to attend to the human needs that occur as a result of CSM (Brodsky, 2016;Gentile, 2018;Koss et al, 2014).…”

Criminal Justice and Community Psychology: Our Values and Our Work—The Introduction to the Special Issue

“…Closing this special issue, the last two articles focus on interactions within and beyond criminal justice systems in responding to sexual assault. Javorka and Campbell (2021) conduct interviews with a set of experts on campus sexual assault to understand tensions between the criminal justice and university responses to sexual assault among college students, acknowledging that concerns about criminalization of the campus review process may be borne out in recent changes to Title IX. In the final article, Campbell et al (2021) describe their participatory action research project that brought together their team of researchers and criminal justice system actors to address approximately 11,000 untested sexual assault kits found in the city of Detroit.…”