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Working in higher education for over five years, I have had the opportunity of being involved in multiple positions that have nourished my passion in student affairs. As the current program manager of international student services at the University of Texas Permian Basin, I wanted to become familiar with the laws that pertained to sexual harassment as I am planning on hosting a presentation on this topic. Speaking about sexual harassment can be difficult, but it is an unfortunate reality a student in higher education may face during their undergraduate experience. As a student advocate, it is important for both undergraduates and I to be aware of student rights after being involved in a sexual harassment discipline process in higher education. Both the survivor and perpetrator should have the right to a fair trial that allows them the opportunity to prove their case and as an educator, I need to be prepared to follow the required procedure that will facilitate the process for both ends.

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Interviewee - Corey J. Benson, Associate Dean of Students from The University of Texas Permian Basin (https://www.naspa.org/people/corey-benson)

As the Associate Dean of Students, Corey is consistently involved in sexual assault cases because not only is it part of his duties, but he assists all individuals involved with procedure protocol and resources. Sexual assault is a topic that is important to his position as he ensures a sense of safety while students are working towards obtaining a degree. During the interview, I asked Corey how sexual assault cases and laws impact our jobs in higher education and he stated that “As legislation, administrative guidance, and case law evolves, our work in student conduct and Title IX administration also shifts to respond to those developments. We want to ensure that those who have experienced sexual misconduct have access to appropriate resources and those who are accused of sexual misconduct have meaningful opportunities to respond to those allegations and the rights of all parties are protected” (Benson, 2020). After listening to Corey’s response, and overall interview, the importance of knowing laws when working in sexual misconduct cases is very important for both the students and institution.

Corey’s three best practices in relation to sexual assault processes include:

·         Attend annual training related to policy enforcement and investigation.

·         Staying up to date regarding changes in case law, administrative guidance, and legislation.

·         Develop a community of practice to share ideas, ask questions, and continue learning.

3) an area emerging issue related to your topic that educators should watch to see how it plays out and impacts your work, (approximately 4 sentences)

Corey has been involved in the rules revision process related to the investigation and adjudication of cases of alleged sexual misconduct as a Title IX Coordinator in the University of Houston System and as a Deputy Title IX Coordinator at UTPB. He mentioned that updates to Title IX compliance are currently being modified by the Department of Education (DOE). A few of these changes include direct cross-examination, what would be identified as sexual harassment, and schools may be less responsible when addressing sexual misconduct. Some of the concepts being updated can be impacting as they could effect the well-being of a student and their trauma.

Benson, C. (2020) Sexual Assault Interview

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The Association for Student Conduct Administration (ASCA) provides student conduct guidance in conflict resolution, public policy, and law in higher education. They released an issue summary titled “An Attorney’s Role in the Conduct Process” that discussed in detail some of the processes completed in higher education when a student is involved, as a complainant or respondent, in a sexual misconduct case and the allowed involvement of a lawyer. Lawyer participation is an area I did not think of throughout this assignment and although it is a resource that is available for students, it can be an unfair situation as financially they may not be able to afford it or depending on the case, the lawyer will have limited input. The article also discussed the importance of mentor participation and I strongly believe that students being able to use mentors as a resource can assist with not only the process, but the student’s well-being.

King, T., & White, B. An attorney’s role in the conduct process. Association for Student Conduct Administration (ASCA). Retrieved from: https://www.theasca.org/files/Best%20Practices/Attorney%20role%20in%20conduct%20process%20%202.pdf

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The U.S. Department of Education (DOE) is conducting nationals reviews to the handling of sexual assault cases. They want for incidents to be accurately reported through the Civil Right's Data Collection. The "qualifications" of a sexual assault case will be raised, which causes issues for both institutions and students as students may feel ignored because the institution might be forced to not follow-up on their case.

Ujifusa, A. (2020) What Betsy DeVos' new title IX initiative on sexual assault means for schools. Education Week. Retrieved from: https://blogs.edweek.org/edweek/campaign-k-12/2020/02/betsy-devos-new-title-ix-sexual-assault-initiative-means-for-schools.html

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Higher education institutions are being challenged by legal actions taken by students that feel their case was treated unfairly. Students that are accused claim that they are turning to federal courts as they feel their due process rights are being violated or because the outcome verdict is unfair. Accuser are also filing as they feel they have been forced to negotiate and agree with the final outcome, but they are not content. Due to the new changes made to Title IX and the high amount of cases, some of the cases being presented are dismissed, and the accused are allowed back to their routine, while the accusers confession could require more evidence than the current one requested.

Anderson, G. (2019) More title IX lawsuits by accusers and accused. Inside Higher Ed. Retrieved from: https://www.insidehighered.com/news/2019/10/03/students-look-federal-courts-challenge-title-ix-proceedings

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The 14th Amendment of the U.S. constitution states that all individuals, born or naturalized in the U.S., will not be deprived from life, liberty, or property without due process of law. This amendment promises that all individuals have "equal protection of the laws" and therefore, no discrimination can happen without a valid reason. Under the 14th Amendment, the Due Process Clause allows for individuals that have been unfairly trailed of a sexual assault allegation to be heard.

U.S. Const. amend. XIV, § I (Federal, Constitutional) https://constitutioncenter.org/interactive-constitution/amendment/amendment-xiv

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In the Sec. 37.0051 of the Texas Education Code, the laws focus on students that have committed, or are committing sexual assault behavior(s) against other students. It describes protocol to follow that will assist with decision making on the students behavior and actions, which include relocation, for both the survivor and perpetrator, resources, and suspension . Under Sec. 37.005, suspension is eligible for conduct that has elements of violence, which include sexual assault.

Tex. Educ. Code § 37.0051 (State, Statutory Law)
https://texas.public.law/statutes/tex._educ._code_section_37.0051

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The Dear Colleague Letter states that sex discrimination occurs when harassment happens, therefore Title IX rights and policies are violated. Title IX schools are obligated to protect students from gender-based violence, which includes sexual assault. All students should have the right to a safe environment while attending school, but individuals that are being sexually assaulted do not have that opportunity.

U.S. Const. amend. XIV, § 2 (Federal, Constitutional)
Monroe, S.  (2006). Dear colleague letter. Washington, DC: U.S.
Department of Education, Office for Civil Rights.
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-title-ix-201709.pdf

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The Victim’s Bill of Rights present's the rights that are available to survivors of crime. Some of the rights that are available include fair and respected treatment, privacy, be protected from the offender, allowed to attend public court proceedings, have an attorney, and the right to be informed of these rights. These rights will assist in a fair trail and potentially a peaceful process for the survivor.

42 U.S.C. § 10606(a)  (Federal, Constitutional) https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title42-section10606&num=0&edition=1999

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UTPB Policy states that after the criminal investigation happens, and according to federal law, after a disciplinary action has been issued due to policy violation, both parties will have equal opportunities to process action. This policy allows for a student that does not agree with the outcome, or the procedure taken, in a case that involves them can make a request for another hearing.

UTPB Sexual Harrasment/Sexual Misconduct Policy S 2.19. Retrieved from: https://www.utpb.edu/life-at-utpb/campus-safety/sexual-harassmentsexual-misconduct/sh-sm-policy

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The ethical principal 3.3 under the ACPA professional competencies that is best related to the topic states “Recognize that conflicts among students, colleagues, or the institution should be resolved without diminishing respect for or appropriate obligations to any party involved”. It is important that all students receive a fair trial regardless of their standing and that during the process, they are respected and listened to. It is the responsibility of the personnel of the institution and the institution itself to provide a setting where the individuals involved in a sexual misconduct case be assisted accordingly and as necessary.

NASPA & ACPA. (2010). Professional competency areas for student affairs practitioners. Washington, DC: College Student Educators International. Retrieved from https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

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The novel “Wrecked” by Maria Padian displays both sides of the survivor and perpetrator involved in a sexual misconduct situation. The book is helpful for professionals in higher education as it will allow for them to understand both perspectives, a source useful for training students that may assist with prevention, and a simpler and relatable read to teach students of this topic.

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Based on the information provided, the recommendations/ best practices that may help facilitate issues involving sexual assault include:

Partake in training that will assist with sexual assault laws, terminology, and procedures.

Build a network of colleagues both on and off campus to discuss cases and be able to hear different viewpoints.

Attend conferences that provide workshops with information about updates regarding this topic.

Create presentations with student involvement on the topic so that there is a closer relationship, student-to-student.

Hosts guest speakers from both inside and outside resources that are available for students discussing on sexual misconduct and consent. (Free of cost are preferred as students may not be financially stable.)

Provide yearly or bi-yearly updates to all registered students so they are aware of their rights and the changes being made.

Build committees, involving all individuals on campus, and discuss strategic planning and training.

Join a professional association that will keep you updated on changes made, as well as following reliable articles and social media.

Be a mentor for students as they may need guidance or someone to talk to. Be properly trained before taking on the role.