Mandatory Reporting of Sexual Misconduct at College: A Critical Perspective

ABSTRACT

Many universities and colleges now require all “responsible employees,” including faculty, to report known or suspected sexual misconduct to designated Title IX administrators. The intention of these mandatory reporting policies is to ensure institutional accountability and compliance with Title IX’s prohibition against sexual and gender-based discrimination. Yet, critics argue that such policies are overreaching, paternalistic and, ironically, discriminatory. Drawing from prior research on sexual victimization and original exploratory data on gender-based college harassment, this article provides a critical perspective that delineates both the intended goals and unintended consequences of Title IX’s mandatory reporting policies, specifically focusing on three overlapping issues: ambiguous definitions, reporting risks, and faculty’s role in disclosure. We conclude by proposing alternative strategies for achieving Title IX’s objectives.     

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.     

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.     

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.     

职能与角色:检察官客观公正义务的开拓与延伸——以认罪认罚从宽制度为视角

认罪认罚从宽制度下,检察官角色职能在既有的矛盾属性中向内收敛和向下潜深,角色职能的新变化促使检察官客观公正义务的具体内容也往深处延伸,需要从自愿性证明、被害人权益保障和量刑建议优化三个方面着重精细化。据此,应当根据检察官客观公正义务的下潜趋势,树立"自愿性"认定标准,赋予相关人实际的法律援助权利并搭建监督体系。同时,要重视被害人权利救济与司法效率提升的辩证关系,进行量刑建议的分类精准化,在实践过程中增强检察官自身法律专业能力,科学化、精准化量刑,并在与法官的相互配合中厘清二者关系,最后自觉承担"说明"义务,促进法治国家建设。     

惩罚之外：恢复性司法理念在校园欺凌中的适用

校园欺凌已经成为世界各国面临的主要难题,其发生频率之高、受害人数之多无不使人感到恐惧。传统的解决模式主要是集惩罚、教育和培训于一体的措施,但收效甚微。恢复性司法理念融入了一系列的恢复性措施,允许学校成员积极参与欺凌者和受欺凌者的和解会议并发表意见,着重补偿损失、修复社会关系,具有解决校园欺凌的天然优势,且符合学校的设立初衷,能很好修复受损的同学关系。虽然面临众多质疑,但恢复性司法理念在解决校园欺凌中有不可比拟的优势,对于解决校园欺凌也将会有不可估量的作用。     

Sexual Assault within Intimate Partner Violence: Impact on Helpseeking in a National Sample

Within intimate partner violence (IPV), sexual assault is often subsumed under the heading of physical abuse, but evidence suggests qualitative differences in outcomes when both types of abuse occur. This study explores the cumulative effect of sexual assault and physical abuse by a current or former intimate partner on helpseeking. Using a dataset of 1,072 IPV victims from 8 states, we found that women who had experienced sexual assault in addition to physical abuse (44%) used more help, but were also more likely to say that they did not seek help when they needed it. Among those who were aware of services, fear was the greatest obstacle to reaching out for help. Implications include the need for information on best practices in addressing the sequelae of both physical and sexual assault in victim service agencies.     

关于律师介入侦查的几点思考

新修改通过的刑事诉讼法明确赋予了侦查阶段律师的辩护人法律地位,这是我国刑事诉讼活动遵循诉讼规律的体现,也是我国刑事诉讼发展的里程碑。律师介入侦查在我国是一个逐步深入的过程,在侦查阶段确定律师的辩护人地位充分体现了人权保障意识和程序公正理念。因此,应当切实发挥律师在侦查阶段的作用,保障侦查活动公正合法的进行。     

差异公民资格与正义:艾利斯·马瑞恩·杨政治哲学探微

在当代西方女性主义政治哲学中,艾利斯·马瑞恩·杨以其"差异的公民资格"与"差异政治"而独具特色.从对罗尔斯为代表的自由主义普遍公民资格的批判出发,她说明了自由主义普遍公民资格如何忽略或至少是回避了差异及差异群体的权利要求.她以差异的公民资格为切入点,揭示出女性主义政治哲学之差异正义的根本理论诉求,这不仅为女性等差异性群体争取自身权利指明了方向,也试图以另外一种新的视角,即公民资格的理论视角,冲击传统意义上普遍主义的正义理解.在当代多元文化的广阔背景下,差异的公民资格和差异平等的正义观照正越来越成为差异性群体争取自身权利的理论武器,而差异正义的独特理论诉求也正日益成为普遍正义的一种有意义的补充.     

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.     

University and Community Resources for Sexual Assault Survivors: Familiarity With and Use of Services Among College Students

Scholars have highlighted the prevalence of sexual assault on college campuses. Universities are generally equipped to address victimization through a range of resources, including counseling and psychological services. These resources are instrumental for posttrauma recovery, but students must be aware of and willing to use available services. This study used a sample of 505 survey responses collected at a mid-sized, public, Southern university regarding community and campus resource knowledge, familiarity, and service use. The majority of participants were unaware of resources. Females reported increased community resource familiarity compared to males. Multivariate models revealed distress disclosure, sexual victimization history, and race were significant predictors of service use but criminal justice major and law enforcement career plans were not significant. Implications are discussed.     

＂以人为本＂视野下的宽严相济刑事政策

2006年我国明确提出了要实施宽严相济的刑事政策，表现了我国对刑事领域犯罪的态度，对于严重危害社会的暴力性刑事犯罪要严厉打击，以维护法律的权威和尊严，另外又要充分重视依法从宽的一面，最大限度地化消极因素为积极因素，减少社会对抗。如何将这两者结合起来更好地进行研究，使宽严相济刑事政策的运用达到最佳的效果，从而实现对人权的有效保护，使这一政策达到社会效果和法律效果的统一确已十分必要。     

Teaching for Social Justice and Social Action

Social justice education involves promoting critical awareness of social inequalities and developing skills that work against these inequalities. This article describes a general theoretical framework for social justice education, describes general strategies for facilitating students' social justice awareness and engagement, identifies challenges to social education, and highlights articles in the special issue that address these themes.     

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.     

促进社会公平构建和谐社会

社会公平是和谐社会的基石,收入分配不公导致贫富差别拉大,社会矛盾和冲突增加。构建和谐社会必须寻找多种途径维护和促进社会公平:即以发展来促进公平;从思想上更加关注公平;以制度来保障公平;从群众最关心的利益问题入手来促进公平。     

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.     

联动司法解决刑事被害方的涉诉信访

限于刑事法律和犯罪人的客观状况,刑事被害人的一系列权利尚不能够得到完全地保障和实现。陷入困境的刑事被害人往往易成为信访人,其信访的对象则是作出最终司法判决的人民法院。在信访的被害人已经不信任法院的情况下,仅通过法院并不能够解决被害人的信访问题。由此需要创新工作机制,联动司法。通过联动司法加强对刑事被害方的救助,加强对犯罪分子所判刑罚的说理,与检察机关一道解除被害方的疑惑,并适时引入第三方,对法院的审理程序进行调查,以尽可能地解决刑事被害人方的涉诉信访。     

An Exploratory Study of Violence and Aggression Against Teachers in Middle and High Schools: Prevalence,Predictors, and Negative Consequences

ABSTRACT

Limited empirical findings suggest that teacher victimization at school is highly prevalent, with detrimental negative impacts on victimized teachers. Given the scarce body of literature on teacher victimization, further research is necessary to investigate its extent, predictors, and negative consequences. The present research, using a representative sample of 1,628 teachers in the southwest region of the United States, indicates a high prevalence of violence and aggression directed against teachers. Also, the research found that teachers’ uncertain and helping/friendly behaviors toward students were significantly related to various types of teacher victimization. Experiences involving the five victimization types (theft/property damage, physical assault, verbal abuse, sexual harassment, and noncontact aggression) are correlated with teachers’ self-reported job performance, student trust, safety at school, and thoughts about quitting. Directions for future research and policy implications are considered in the context of these findings.     

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.     

A Systematic Evaluation of Restorative Justice Practices: School Violence Prevention and Response

ABSTRACT

Despite its increasing recognition and use in U.S. schools, a limited amount of research has evaluated the effect of restorative justice (RJ) for school violence prevention and response. To date, there is no standardized method for RJ implementation. Therefore, this systematic literature review investigates peer-reviewed studies on the application of RJ practices in K-12 school settings. Ten articles were included in the review. Results of the review indicate a high degree of variability regarding the implementation and evaluation of RJ practices in schools. However, the majority of studies reported positive outcomes, including improved social relationships and reductions in office discipline referrals. The utility of RJ as a school violence prevention and intervention approach are discussed, along with future research directions.