Sexual Violence Response and Prevention by Julie Fisher

Sexual Violence Response and Prevention by Julie Fisher https://padlet.com/jfisher251/jfotsmaci2ck Julie E. Fisher, Angelo State University en-us 2019-10-01 02:00:18 UTC 2019-10-05 17:53:55 UTC hello@padlet.com Slide #1: My Professional Prospective jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/391654524 I will take the prospective of a post-secondary Title IX Coordinator at the University of Texas at San Antonio. This legal padlet may be used by academic advisors as a resource on Title IX and sexual violence response and prevention.

I selected this topic as there have been numerous changes around Title IX and sexual violence prevention in recent years which may lead to confusion for staff members who are mandatory reporters.]]> 2019-10-01 02:05:18 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/391654524 Slide #2: Professional Interview jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/391656229 I interviewed Ms. Suzanne Patrick, Title IX Coordinator and Equal Opportunity Services Director at the University of Texas at San Antonio (UTSA). https://www.utsa.edu/eos/contact.html

Sexual violence response and prevention remains an important topic in higher education as each student who desires a college degree deserves a fair and equitable opportunity to receive a post-secondary education. Being a victim of sexual violence may jeopardize that opportunity, so it is imperative students have the support of their institution. Also, federal and state laws mandate gender equity, and sexual harassment and violence is seen as a form of discrimination. UTSA strives to be free of discrimination and provide students equal opportunities (S. Patrick, personal communication, September 20, 2019).

Best practices:
* Institutions should provide a "continuum of care to students" (S. Patrick, personal communication, September 20, 2019). Victims should be supported by the institution from the moment they report until they no longer need services.

* Institutions should provide victim advocates as part of counseling services. This practice allows victims to immediately meet with an advocate to begin receiving confidential support until they decide what they would like to do in response to their trauma.

* Institutions need to implement more intentional and thorough compliance measures for faculty and staff to ensure they understand current laws and policies (S. Patrick, personal communication, September 20, 2019).

Current Issues:
The greatest issue surrounding Title IX and sexual violence response and prevention is stability. Institutions are awaiting new guidance from the federal Office of Civil Rights as previous guidance was retracted under the current federal administration. Title IX coordinators are seeking guidance on levels of evidence to be used, if transgender students are protected under law, and what rights are granted to victims and perpetrators (S. Patrick, personal communication, September 20, 2019). ]]> 2019-10-01 02:14:03 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/391656229 Slide #3: Professional Association jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392802493 Rebecca Hapes (2017), NACADA Advisor Training and Development Commission Chair, posted an article on how to prepare advisors to respond to and advocate for victims of sexual violence.
https://nacada.ksu.edu/Resources/Academic-Advising-Today/View-Articles/Sexual-Violence-Preparing-Academic-Advisors-to-Respond-and-Advocate.aspx

Hapes (2017) reviews Title IX and the Clery Act for their impact on sexual violence prevention and response in higher education. The author details how advisors should be prepared (awareness of responsibilities and protocol) and what to do when a student discloses a sexual violence incident. Finally, Hapes (2017) reviews self-care practices advisors can implement if they are actively working with a victim of sexual violence.

Reference:
Hapes, R. (2017, May 25). Sexual violence: Preparing academic advisors to respond and advocate [Web log post]. Retrieved from https://nacada.ksu.edu/Resources/Academic-Advising-Today/View-Articles/Sexual-Violence-Preparing-Academic-Advisors-to-Respond-and-Advocate.aspx]]> 2019-10-03 01:47:23 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392802493 Slide #4: Current News Article jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392804709 Brown (2019) describes the Empowerment Self Defense course offered at the University of Oregon. Female students are trained to:
* learn their boundaries,
* how to say no when they feel boundaries have been crossed,
* and how to physically defend themselves from physical or sexual violence (Brown, 2019).

The article informs sexual violence prevention by:
* acknowledging the issues on today's campuses,
* stating it is not enough to ask men to change their behavior,
* creating scalable programming for women to feel safer on and off campus (Brown, 2019).

Link to article: https://www.chronicle.com/article/Empowerment-Self-Defense-/246144
Reference:
Brown, S. (2019, April 19). 'Empowerment self-defense' programs make women safer. Why don't more colleges use them? The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/Empowerment-Self-Defense-/246144]]> 2019-10-03 01:58:45 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392804709 Slide #5: Current News Article jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392804848 Brown (2019) interviewed Chanel Miller, a victim of sexual assault at Sanford University, who wrote a searing victim's statement blaming Stanford for their lack of action when she reported the assault.

The article informs sexual violence response by:
* examining the actions (or lack of action initially) Stanford took in response to the report,
* demonstrating the plight of sexual violence victims, and
* gaining a better understanding of how poorly society usually handles sexual violence response.

Link: https://www.chronicle.com/article/Chanel-Miller-Describes-How/247290
Reference:
Brown, S. (2019, October 4). Chanel Miller describes how Stanford failed her. The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/Chanel-Miller-Describes-How/247290

]]> 2019-10-03 01:59:25 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392804848 Slide #6: Original Law jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392805064 Federal Constitutional Law:
The 14^th Amendment of the Constitution of the United States of America:
* guarantees all citizens equal opportunities and rights.
* serves as the basis for many future laws regarding gender equity and sexual violence prevention (U.S. Const. amend. XIV, § 1).
Link to law: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_14_(1868)

Reference: U.S. Const. amend. XIV, § 1.

]]> 2019-10-03 02:00:29 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392805064 Slide #7: Original Law jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806206 Federal Statutory Law:
Title IX of the Education Amendments of 1972, commonly referred to simply as Title IX, mandates:
* federally-funded institutions must ensure both sexes possess equal opportunities in education.
* men and women must be provided equal support, funding, instruction, programs, and activities in elementary, secondary, and higher education (20 USC § 1681).
* The law was originally created to address the imbalance in men’s and women’s athletics, but it has evolved to protect many facets of education including protection from gender discrimination, harassment, and sexual violence.

Link to law: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim

Reference: Title IX of the Education Amendments of 1972, 20 USC § 1681.

]]> 2019-10-03 02:05:27 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806206 Slide #8: Original Law jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806546 State Administrative Law:
The Texas Administrative Code requires:
* amnesty for any person reporting sexual harassment or violence regardless of where the incident occurred.
* post-secondary institutions may not take disciplinary action unless the reporter is found to have committed the harassment or violence (19 Tex. Admin. Code § 3.15).

Link to law: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=1&ch=3&rl=15

Reference: Amnesty for Students Reporting Certain Incidents, Tex. Admin. Code § 3.15.

]]> 2019-10-03 02:07:31 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806546 Slide #9: jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806861 Federal Judicial Law:
In Davis v. Monroe County School Board (1999) the Supreme Court ruled:
* sexual harassment was a violation of Title IX as a student does not possess equal opportunity in programs or activities if they are being harassed because of their gender.

* While this ruling did not stem from higher education, the impact is noticeable in future post-secondary laws as sexual misconduct becomes a significant part of Title IX.

Link to law: https://www.loc.gov/item/usrep526629/

Reference: Davis v. Monroe County School Board, 526 US 629 (1999).

]]> 2019-10-03 02:09:29 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/392806861 Slide #10: Local Policy jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/393356079 The University of Texas at San Antonio's (2019) Handbook of Operating Procedures includes a sexual harassment policy that includes sexual violence. The policy prohibits any form as sexual violence as it is considered discrimination. The policy continues by stating the University uses preponderance of evidence standards and includes all students, faculty, and staff of any gender, gender identity, or sexual orientation. (University of Texas at San Antonio, 2019).
Link to policy: https://www.utsa.edu/hop/chapter9/9-24.html
Reference: University of Texas at San Antonio. (2019, August 30). Sexual harassment and sexual misconduct, OP 9.24. Retrieved from http://www.utsa.edu/hop/chapter9/9-24.html]]> 2019-10-04 01:36:00 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/393356079 Slide #11: Ethical Principle jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/393842098 Sexual violence response and prevention would be included in the American College Personnel Association's (ACPA) (2006) second standard - Student Learning and Development. The standard includes treating students with respect, making appropriate referrals as needed, complying with laws and policies, and notifying students on the limits of confidentiality. If a student revealed a incident of sexual violence, a higher education professional would be responsible for following policy, understanding their duty to report, and assisting the student (ACPA, 2006).
Link: http://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf
Reference:
American College Personnel Association. (2006). Statement of ethical principles and standards. Retrieved from http://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

]]> 2019-10-05 02:11:48 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/393842098 Slide #12: Non-Law Source jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/393842955 The Department of Justice (2012) created a historical report of the evolution of first forty years of Title IX. The report details laws, original intentions, judicial cases, and the future of sexual violence response and prevention. The report is helpful in understanding the different facets of Title IX and how it has evolved to protect students from sexual harassment and discrimination (Department of Justice, 2012).

Link: https://www.justice.gov/sites/default/files/crt/legacy/2012/06/20/titleixreport.pdf
Reference:
U.S. Department of Justice. (2012, June 23). Equal access to education: Forty years of Title IX. Retrieved from https://www.justice.gov/sites/default/files/crt/legacy/2012/06/20/titleixreport.pdf]]> 2019-10-05 02:20:13 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/393842955 Slide #13: Recommendations jfisher251 https://padlet.com/jfisher251/jfotsmaci2ck/wish/393844024 The following are best practices or recommendations gleaned over time while researching Title IX and sexual violence response and prevention as it applies to academic advisors:

* The Title IX Office on each campus needs the full support of upper administration, faculty, and staff to appropriately carry out their duties according to law. Advisors play an important role as mandatory reporters and front-line support (S. Patrick, personal communication, September 20, 2019).

* Institutional sexual harassment policies are easy to locate on the school's website and are written in common language (without legal terms) for anyone to comprehend. Advisors should familiarize themselves with the local policy, stay up to date on any changes to the policy, and know campus resources for students who have experienced sexual violence.

* Faculty and staff who create long-term relationships with students (such as academic advisors) should undergo extensive Title IX and sexual violence response training. These employees are most likely to receive a report or or notice unusual student behaviors (Hapes, 2017).

* Additionally, academic advisors should complete advanced training on how to have difficult or uncomfortable conversations with students (S. Patrick, personal communication, September 20, 2019).

* Campuses need to place equal emphasis on sexual violence prevention and response. It is important to properly educate students and the campus community on sexual violence prevention (S. Patrick , personal communication, September 20, 2019). Advisors can encourage services and provide referrals for prevention as well as response.

* Sexual violence victims need immediate and continuous care from campus professionals (Brown, 2019b; S. Patrick, personal communication, September 20, 2019). Even though advisors are not trained counselors, they still serve in supportive roles and can assist in facilitating academic changes as needed.

* Institutions should offer safety and consent classes to students so they may learn more about sexual violence prevention and self defense (Brown, 2019a). Advisors could advertise these courses in their offices or suggest them as topics arise in conversation.

References:
Brown, S. (2019a, April 19). 'Empowerment self-defense' programs make women safer. Why don't more colleges use them? The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/Empowerment-Self-Defense-/246144

Brown, S. (2019b, October 4). Chanel Miller describes how Stanford failed her. The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/Chanel-Miller-Describes-How/247290

Hapes, R. (2017, May 25). Sexual violence: Preparing academic advisors to respond and advocate [Web log post]. Retrieved from https://nacada.ksu.edu/Resources/Academic-Advising-Today/View-Articles/Sexual-Violence-Preparing-Academic-Advisors-to-Respond-and-Advocate.aspx]]> 2019-10-05 02:31:42 UTC https://padlet.com/jfisher251/jfotsmaci2ck/wish/393844024