In November, a proposal was issued that could change the schools’ obligation to investigate off campus sexual assault allegations. This would let campuses only investigate allegations that “occur during their programs or activities.” This would exclude off campus cases. The current rule encourages campuses to investigate claims that “disrupts a student’s education” regardless of where the misconduct took place.
With this new rule, schools could investigate outside of their programs. However, there is conflicting language. Some schools thought that they would be barred from investigating these allegations. The rule says that schools could investigate “at their own discretion.” This was never cleared up. Until such time, it gives students legal grounds to get the case dismissed. It also allows the accused to question the accuser through a representative.
This could drastically change the way sexual assault, harassment, and misconduct is handled in a college setting. Many fear that this would cause students not to come forward. It would narrow the definition of sexual harassment, and cause the drop out rate to increase.
1.) How will this affect the college dropout rates?
2.) Will students be more hesitant to come forward if any sexual misconduct occurs?
3.) Will this give offenders “piece of mind” or make them think that it is easier to get away with the crime?
I think that all sexual assault claims should be investigated to some extent. Although if it is off campus shouldn't the jurisdiction go to the local law enforcement? Once investigated the local police could then inform the campus of their findings and then correct action would be taken. This could cause the drop out rate to increase slightly because the victims might be more hesitant. I do not believe it will change the mindset of the offenders. They are not considering the law to begin with when they sexual assault someone and this rule would not change their thinking. They are going to break the law either way.
ReplyDeleteAt first, I thought that this proposal was rather odd, but I think I understand the reasoning behind it now. If a sexual assault occurs off-campus and does not take place while campus activities are going on, why should it be the college's job to investigate it? In my eyes, that just doesn't make any sense if the college is not in any way involved with it and law enforcement could be investigating instead. After all, that's their job.
ReplyDeleteMoreover, I see a particular reason why the previous legislation may be problematic. I have heard of many false sexual allegations that have resulted in college students being kicked out without really having any say in the matter at all. Since I'm sure the police will do a better job at ensuring due process, I'd leave criminal allegations to them. I have seen many people inflating college rape statistics and acting as if college is just a place where no woman is safe. It doesn't happen all the time, and it doesn't happen at every college, but I have seen it grow into a seemingly growing problem that in at least some cases gets completely out of hand.
In the end, though, I don't think it's that this proposition is right, but rather that the previous one was probably unhelpful, unnecessary, and may have had unforeseen consequences that deserve being undone, which it seems this proposal will do.
On one last note...how could this affect dropout rates? I just don't see how that would happen. If students are instead encouraged to bring up real sexual assault cases to law enforcement, then I don't see a way that this will make students more hesitant to bring up such charges, and I don't really see a way that this will give offenders a "peace of mind". But I do think that this proposal may dissuade people from making false allegations because false allegations may be treated as truth by college staff, but police won't take such things nearly as lightly. Unless there's something I'm not seeing here, I don't really see any particular downsides to this proposal. After all, if students are hesitant to bring up sexual assault cases with police, then I don't see why they should be more willing to bring them up with colleges themselves.