Enhancing Title IX Due Process Standards in Campus Sexual Assault Adjudication: Considering the Roles of Distributive,Procedural, and Restorative Justice

ABSTRACT

Title IX prohibits sex discrimination—including sexual assault—in higher education. The Department of Education Office for Civil Rights’ 2011 “Dear Colleague Letter” outlines recommendations for campus sexual assault adjudication allowing a variety of procedures that fail to protect accused students’ due process rights and victims’ rights under Title IX. This article reviews two diminished due process rights in campus adjudication: cross-examination and the preponderance of the evidence standard. We use an organizational justice theoretical framework to show that limitations on due process rights reduce fair outcomes for both victims and the accused. We provide recommendations for a restorative justice approach to campus adjudication that operates within this theoretical framework to increase fair outcomes in adjudication, bolster perceptions of adjudicatory system legitimacy, and reduce campus sexual assault.     

In the Eye of the Reformer: Higher Education Personnel Perspectives on Campus Sexual Assault Policy Implementation

ABSTRACT

Despite recent attention to campus sexual assault (CSA), we know little about how institutions of higher education (IHE) have approached policy reform. Using anonymous web-based survey responses of 190 staff, faculty, and administrators from IHEs, we examined priorities that guided CSA policy implementation, as well as characteristics that explain attitudes toward CSA policy reforms. Respondents were significantly more likely to think policies had improved than to think that CSA is exaggerated or feel frustrated by the process of implementing CSA reforms. Respondents were also more likely to name due process and fairness as a high priority on their campus than creating a victim-centered response or managing the campus’ public image, suggesting that IHEs have carefully considered due process protections as they have implemented policies.     

The Impact of Increased State Regulation of Campus Sexual Assault Practices: Perspectives of Campus Personnel

ABSTRACT

Seeking to improve university accountability and compliance with federal mandates, states are considering new reforms including mandating reporting of campus sexual assault allegations. These new policies remain an empirical “black box.” To address these gaps, the current exploratory study draws upon a recent survey that examines the extent of awareness, perceptions, concerns, and policy practices of victim advocates and other personnel concerning new legislation. Virginia is chosen as the state for this case study given its recent implementation of a controversial mandated reporting law, as well as other initiatives, across institutions of higher education. Findings suggest that campus personnel are aware and largely supportive of the new reforms, but they also share concerns. Implications for research and policy development are discussed.     

An Examination of Strategies for the Prevention of Gender-Based Violence at Four-Year Institutions of Higher Education

ABSTRACT

Although gender-based violence prevention programs at institutions of higher education (IHEs) are mandated by federal legislation, research focusing on the prevalence or content of programming is limited. The present exploratory research examines campus websites for a nationally representative sample of Title IX eligible IHEs that offer at least a four-year degree (n = 389), assessing whether IHEs offer prevention programs and whether programs include information cited in federal legislation or adhere to best practices. Differences in programming are also examined across IHE types. Results demonstrate that most IHEs report offering prevention pro- grams (86%), but that differences do exist across IHE type: 97% of public nonprofit IHEs report programming compared to 46% of tribal institutions. Disparities also exist across IHE types regarding the content of programming. Results highlight the need to advance prevention programming to better align with “what works” in prevention science or what is expected by federal legislation.     

Sexual Assault Policies and Consent Definitions: A Nationally Representative Investigation of U.S. Colleges and Universities

ABSTRACT

Campus sexual assault (SA) policies and sexual consent definitions have not been widely studied. The study team conducted a nationally representative review of college and university websites (n = 995), assessing the prevalence of publicly accessible online policies and definitions and examining associations with school characteristics. A content analysis was performed on a subsample (n = 100) of consent definitions. Most schools (93.0%) had an SA policy and consent definition (87.6%) available online. Schools were more likely to have a policy or consent definition if they were large (≥5,000 students), public, or had a female enrollment of ≥33%. Detail and comprehensiveness of definitions varied. Findings highlight opportunities for schools—especially small schools, private schools, and those with more male students—to increase access to SA policies and consent definitions.     

性骚扰是性别歧视吗:一个法理的追问

在美国的法律制度框架下,职场性骚扰属于1964年《民权法案》第七章所禁止的性别歧视行为。从规范法学的角度看,法院一开始并不接受性别歧视学说,后来因为逐步认定了性骚扰必然会涉及对受害人性别的选择这一事实,所以认为性骚扰属于性别歧视范畴。从法理学的角度,以麦金农等为代表的女性主义法学家建构了性与性别霸权的关系。同时,学者们认为司法上性骚扰的认定出现了"性欲主导模式",既存在规制过窄的问题,对无关乎"性"的性别骚扰过于忽视;又有规制过度的问题,反性骚扰话语与科层制反"性"管理话语相结合,对职场进行了过度管制。因此,有一种学说希望把性骚扰建构为维持性别刻板的工具。对于性骚扰到底错在哪里的追问,可以让我们反思侵权法模式与反歧视模式法的利弊得失。     

The role of Title IV-E education and training in child protection workforce diversification

ABSTRACT

Educating, training, and diversifying the workforce are strategies that may help reduce racial/ethnic disparities that plague child protection system (CPS). Title IV-E education and training programs support the development of a specially trained, highly skilled workforce; yet, little research examining their impact on workforce diversification exists. The current study assessed the relationship between Title IV-E education and training and workforce diversity and leadership in a state system that is plagued with racial disparities using data from a statewide child welfare survey (n = 679) and existing population-level sources. Findings revealed that while children of color were disproportionately overrepresented in the CPS, professionals of color were disproportionately underrepresented (as compared to the state’s overall population and the population of children served within CPS). Title IV-E education and training programs were associated with both child protection workforce diversity and CPS leadership roles. Implications for recruitment, retention, education, and partnership are discussed.     

Preparing Child Welfare Practitioners: Implications for Title IV-E Education and Training Partnerships

ABSTRACT

High rates of child welfare practitioner turnover remain a national problem with significant consequences. Title IV-E education and training programs prepare child welfare practitioners for this line of work with the intent that they will create long term careers. This study analyzed qualitative data from a 2016 statewide electronic survey launched to obtain frontline child welfare practitioner feedback about workforce turnover and assist the agency in retention efforts.

Practitioner insight resulted in 189 responses specifically related to improving the state’s Title IV-E supported education and training program–the “Academy.” A qualitative thematic analysis identified three main themes: making it more realistic and hands on (n = 104), needing additional training and specific content (n = 45), and feeling overwhelmed with the experience (n = 40). Practitioner feedback illustrated the existing tensions with using a blended model to educate and train the workforce. Implications for Title IV-E education and training partnerships are discussed.     

Views on workplace culture and climate: through the lens of retention and Title IV-E participation

ABSTRACT

Retention of public child welfare (PCW) workers is the focus of much scholarly research. Examinations of the topic have ranged from assessments of workers’ background to job factors and attitudinal components about the workplace. Unlike most studies, the present study uses agency administrative data on retention. In it, 502 PCW workers responded to a point-in-time survey covering a wide range of topics including job satisfaction, commitment to child welfare, perceptions of culture and climate, Title IV-E status, and demographic variables. While Title IV-Es were more likely to leave the agency, several significant interactions between Title IV-E and retention status showed that Title IV-Es who left the agency had significantly lower supervisor satisfaction and influence than Title IV-Es who stayed; and lower efficacy scores than non-Title IV-Es who left. No such differences were found for non-Title IV-E stayers and leavers. Implications for these differences for county agencies and universities are discussed.     

Awareness of Sexual Violence Services Among LGBQ-Identified College Students

ABSTRACT

The sexual victimization of sexual minorities enrolled in college is not a topic that has been well researched. The present study examines the awareness that college minority students have of services they can access in the event they experience sexual violence. The results indicate that many students are unaware of specific services that they can access if they are sexually victimized. Disclosing an incident of sexual violence, or being the recipient of a disclosure of sexual violence, is related to knowledge of aftercare services. Non-White students demonstrate less awareness of services than White students, indicating that these students may not receive aftercare in the event of sexual victimization because they do not have the knowledge of which services are available. Several policy recommendations and directions for future research stem from these findings.     

Factors affecting turnover rates of public child welfare front line workers: comparing cohorts of title IV-E program graduates with regularly hired and trained staff

ABSTRACT

The purpose of the study is to examine the impact of a statewide intervention (BSW level Title IV-E Program) on both the workers’ intent to leave the job and their actual exit from a state administered public child welfare agency. Employees completed an extensive survey including scales assessing individual, team, and organizational variables that might impact turnover. Results show that more Title IV-E graduates stay with the agency than do regular hires and leave at a slower rate. Different variables impact intent to leave compared to actual exit and vary across type of employee. Implications for the workforce are discussed.     

“I was prepared for the worst I guess”: stayers’ and leavers’ perceptions of their Title IV-E education

ABSTRACT

Child welfare workforces across the nation are experiencing high turnover and have for decades. The chronic cost of turnover makes efforts to increase retention crucial. The Title IV-E education stipend program is one way that many states employ to improve their child welfare worker tenure. Through qualitative interviews, this study examines Title IV-E graduates’ experiences and perceptions of preparedness for working in child welfare agencies. Examining how the responses of stayers and leavers differ and assessing similarities collectively can inform educational and agency enhancements to improve services, as well as worker competence and retention.     

Federal Support for Adoption Subsidies

ABSTRACT

Federal Title IV-E Adoption Assistance is an essential resource for states moving children from foster care to adoption. Secondary analyses indicate that federal funds support nearly half the costs of all adoption subsidies. Due to variations in eligibility, federal matching rates, and states' use of the program, the proportion of total subsidy costs supported by Title IV-E funds ranges from 25 to 72 percent among states. Multivariate analyses of recent adoptions demonstrate the importance of Title IV-E utilization for adopted children and their families, in that Title IV-E-eligible children are more likely to receive subsidies and to receive larger subsidies, compared to children who are not Title IV-E eligible. Variations in Title IV-E utilization have potential impacts on children, adoptive families and state child welfare agencies.     

Concealed Guns on College Campuses: Examining Support for Campus Carry Among Faculty,Staff, and Students

ABSTRACT

This study examined the factors that influence support for campus carry laws among a sample of approximately 2,700 faculty/administrators, staff, and students at a large, public university in Georgia. Although previous research suggests that support for campus carry may differ across groups on campus, there have been no studies that have examined why these differences may exist. In order to shed light on this understudied issue, this study estimated the extent of support for campus carry and examined if the predictors of support varied across campus populations. Results indicated that there were differences in the proportion of each group that supported campus carry with students (57%) reporting a higher level of support than staff (39%) and faculty/administrators (19%). Further, results from multivariate analyses indicated that there are some differences in the factors that predict support for campus carry for faculty/administrators compared to staff and students.     

Context Matters: Reactive and Proactive Bystander Action to Prevent Sexual and Dating Violence in High Schools

ABSTRACT

Given high rates of relationship violence among adolescents, there is a need to understand variables that influence adolescents’ helping behaviors to reduce risk for dating and sexual violence (reactive) and promote prevention before violence happens or risk factors are evident (proactive). The current paper examined individual and school variables related to greater actionism in a large sample of high school students. Baseline, cross-sectional data used in the current analyses were gathered before intervention as part of a prevention program evaluation across 25 high schools in New England from students in grades 9–12 (N= 3,404). Students who self-reported a greater number of proactive actions taken were students who identified as sexual minorities, had a history of victimization, and were in schools with supportive peer norms. The current findings suggest a model for prevention that might include training individuals and attending to school level variables.     

Responding to Gendered Violence Among College Students: The Impact of Participant Characteristics on Direct Bystander Intervention Behavior

ABSTRACT

Bystander intervention has been an effective strategy for crime prevention and has been successful in the context of campus sexual assault. Less is known about the extent to which individual-level factors correlate with intervention behavior in situations of intimate partner violence (IPV) and sexual harassment. The present study used a sample of 377 undergraduate student surveys on a campus without a bystander intervention program to examine the impact of individual-level participant factors on direct intervention across sexual assault, IPV, and sexual harassment scenarios. Findings demonstrated statistically significant differences where positive bystander attitudes and violence prevention efficacy correlated with direct intervention for sexual assault; positive bystander attitudes, personality extroversion, and exposure to a victim increased intervention behavior in an IPV scenario, and positive bystander attitudes and violence prevention efficacy increased direct intervention and lifetime experience of IPV decreased direct intervention in a sexual harassment scenario. Research and policy implications are discussed.     

Measuring Sexual Violence on Campus: Climate Surveys and Vulnerable Groups

ABSTRACT

Since the 2014 Not Alone report on campus sexual assault, the use of climate surveys to measure sexual violence on campuses across the United States has increased considerably. The current study utilizes a quasi meta-analysis approach to examine the utility of general campus climate surveys, which include a measure of sexual violence, in comparison to sexual assault specific climate surveys, in measuring student sexual assault experiences. Past research has highlighted the need to not only understand campus sexual assault prevalence rates for the general student population, but also the specific risk posed to more vulnerable populations such as the lesbian, gay, bisexual, questioning/queer community (LGBQ) and Native American students. Results indicate that general campus climate surveys may be underestimating both the sexual victimization of the general student body as well as that of LGBQ and Native American students. Research and policy recommendations that focus on improved measurement of campus sexual assault experiences are discussed.     

Calling Attention to the Importance of Assisting Male Survivors of Sexual Victimization

ABSTRACT

Most of the research focusing on sexual victimization on college campuses has focused on females as victims. This attention is warranted given that studies have consistently found that females are at more risk of experiencing victimization compared to males. However, a drawback of this emphasis is that laypersons may incorrectly believe that men cannot be victims too. This belief is directly challenged by various findings that indicate college men are also sexually assaulted. In order to draw attention to this under researched topic, we used data from a recent climate survey conducted at a mid-sized rural institution of higher education. The results of this study indicated that males, in addition to females, experienced various types of sexual victimization in this setting.     

What’s in an MSW? Graduate education for public child welfare workers,intention, engagement,and work environment

ABSTRACT

This study employs a mixed methods analysis of exit survey data gathered from public child welfare employees at their completion of a Title IV-E funded MSW program, distinct because it was initiated during a period of major reform and permitted students to continue employment during their studies. Findings suggest that opportunities for growth and manageable levels of stress were associated with intentions to stay and engagement with the work, reflected in respondents’ positive perceptions of their roles in the work environment and their retrospective assessments of the impact of their social work education.     

The Influence of Sexual Orientation on Health Behaviors in Women

SUMMARY

Lesbians may be at risk for poorer health outcomes than heterosexual women because of differential health behaviors and risk factors for disease. Difficulty recruiting representative lesbian populations and a lack of simple, accurate measures of sexual orientation have hindered research about the differential health risks and outcomes faced by lesbian and heterosexual women. The purpose of this article was to (1) examine the relationship between self-chosen sexual orientation labels and other sexual orientation measures and (2) compare the health related behaviors of women of diverse sexual orientations based on simple sexual orientation measures. The participants in this study were women aged 18 to 74 recruited via public announcements in mainstream and minority communities to participate in a randomized trial of breast cancer risk counseling strategies. Sexual orientation, relevant health behaviors and other outcomes related to breast cancer risk and screening were measured. No single measure of sexual behavior or desire appears to accurately measure lesbian sexual orientation. Lesbians were found to participate in mammography and Pap testing at significantly lower levels than bisexuals and heterosexuals. These data add to the growing body of knowledge on lesbian health and point to areas of community action and future research.