Understanding Title IX and the Issue of Sexual Violence on School Campuses

Campus sexual assault is one of the most complex and high-profile issues now confronting higher education. According to the United States Department of Justice, sexual assault is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.”  For purposes of this discussion, sexual assault includes sexual misconduct, sexual harassment, stalking, rape or spousal rape, intimate partner violence or domestic violence.  The Bureau of Justice Statistics indicate about six in every 1000 students will experience campus sexual assault.

 Under Title IX of the Education Amendments of 1972, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Under this law, every institution receiving federal funding is required to have a Title IX Coordinator to ensure that the schools are compliant with Title IX.

With the help of local advocacy groups like Hope’s Door and the #MeToo movement, an active, open discourse is finally taking place on college campuses across the country. Unfortunately, there is also a lot of ambiguity around how incidents of sexual assault are handled in a school setting. To better understand these issues and how they intersect, Hope’s Door spoke to Title IX Coordinators at Mercy College, Sarah Lawrence College and Pace University in Westchester County about the crucial work they are doing.

“I would say the biggest challenge of a Title IX Coordinator is trying to get students to trust our office,” says Caressa Nguyen, Deputy Title IX Coordinator at Sarah Lawrence College. “Oftentimes, people who want to report, don’t [fully] understand what happens here. Parents and even lawyers are not familiar with Title IX and can get things wrong in terms of the process. People are fearful that (reporting sexual violence) requires the police and courts getting involved. In fact, those are things that Title IX has specifically said aren’t necessary, especially within the state of New York. I think increasing awareness among our students about what our office can do is the best way we can help survivors.”

We at Hope’s Door wondered how these Coordinators educate using a balance of both transparency about sexual violence and the necessary discretion, due process and confidentiality of the victims.  For Lisa Miles, Pace University’s Title IX Coordinator/Affirmative Action Officer, it is a very cautious balancing act.  “While we have to allow due process, we fully acknowledge how difficult the process can be for the individual,” Miles said.

Each institution expressed the importance of enacting proper policies and procedures to tackle sexual assault incidents. Thomas McDonald, the Mercy College Title IX Coordinator and Equity Compliance Specialist, openly informs individuals about what to expect.  He explained that it is essential to protect victim privacy and give the choice of reporting to the student.  “While we respect their traumatic experience, at the same time we must inform them of the process, because we have to follow procedures. “I like to create space, so I always remind students that they can change their minds,” McDonald continued.  “You have to follow the law,” he says. “If you don’t follow the law, you are putting yourself, the school administration, and the students all at risk.”  In order to prevent sexual, domestic and intimate partner violence, schools must create appropriate educational programs and policies, and find effective and creative ways to communicate the policies to students.

Consent, sexual assault and rape culture are being actively and openly discussed on campuses around the country, but the conversations about intimate partner violence as it relates to sexual assault is often quieter, if it occurs at all.  Since sexual violence is most often perpetrated by someone a survivor knows, including intimate partner relationships, it is important that students understand clearly that it is never okay to engage in sexual activity without someone’s consent. Sexual violence within intimate partnerships is often called intimate partner sexual violence, domestic violence, intimate partner rape, or spousal rape.

Each school’s policy speaks to intimate partner violence, but definitions seem to vary by culture and organization.   The bulk of the Title IX cases reported at Mercy College in the last year have been domestic violence, intimate partner violence or cyber violence, according to McDonald. Over at Pace University, Lisa Miles says about 20 to 30 percent of the cases include reference to domestic violence or intimate partner violence. However, at Sarah Lawrence, there are very few reports of domestic violence or intimate partner violence, said Nguyen.

“There is certainly not as much education on topics of domestic violence as there is on sexual assault and rape culture,” Miles said. “When individuals think about domestic violence, they often think of it as something that takes place in the home, not on a college campus, so there needs to be a broader understanding.  College campuses could use some help developing how to define domestic violence,” expresses Miles.

Nguyen believes that many of students may not think of their relationship as a “dating” relationship.  “Students don’t necessarily know much about intimate partner violence, so they often don’t conclude it could be happening to them,” she says.

In the face of this pandemic lockdown, these Title IX Coordinators are facing new challenges in addressing sexual assault, harassment and abuse. For Miles, it’s about reassessing and changing policies to adapt to changes in how they communicate with their students.  “So, if I’m holding a Zoom meeting about a reported case, how do I protect confidentiality and still clarify who’s participating in the meeting?  We are redeveloping protocols for what it means to manage a sexual assault case in a virtual world.”  McDonald adds, “I want to let students know this isn’t on hold– you can still report to us.”

If you or someone you know is experiencing, or thinks they might be experiencing, sexual assault, sexual misconduct, sexual harassment, stalking, rape, domestic and/or intimate partner violence, here are resources available to you.

Hope’s Door Free & Confidential, Bilingual Hotline: 888-438-8700

Mercy College: https://www.mercy.edu/about-mercy/title-ix

Pace University: https://www.pace.edu/sexual-assault/who-to-contact

Sarah Lawrence College: https://www.sarahlawrence.edu/svps/