Legal Guide to Sexual Violence Prevention and Response by Abbey Rieves https://padlet.com/arieves1/ns0rdb4q7yc6wf2h A legal guide for Sexual Violence Prevention and Response from current student to new student perspective en-us 2021-11-30 21:38:34 UTC 2021-12-01 21:11:49 UTC hello@padlet.com Slide 1: Professional Perspective/Audience/ Topic arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921490970 My topic is Sexual Violence Prevention and Response from current student to new student perspective. As a military member assigned to an education and training base, I know first-hand how important this information is for young Airmen to know.
            The audience will be military students attending training at Goodfellow Air Force Base in Texas. I chose this topic because I see sexual assault in the military frequently. As a photojournalist in the Air Force, my job is to take photos of these assaults for documentation and evidence. I take pictures of the sexual trauma. 
]]> 2021-11-30 22:06:10 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921490970 Slide 2: Summary of the Topic arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921492170 Sexual violence includes full spectrum coverage of sexual harassment, sexual assault, and rape.  Sexual harassment, “when it occurs in schools, is unwanted and unwelcome behavior of sexual nature that interferes with the right to receive and equal education opportunity” (Stein, 1995). Sexual violence is important to the administrative leadership field because every individual has the right to receive education in an environment free from sexual harassment and discrimination. Under the Equal Protection Clause in the 14th Amendment, all American citizens must be treated equally and have equal access to education (U.S. Const. amend. XIV). 

Because sexual violence continues to happen, this is an emerging issue. According to the Department of Defense Annual Report on sexual assault in the military, the military received 6,290 reports of sexual assault in fiscal year 2020 (Sexual Assault Prevention and Response, 2021). These numbers are important for educators to be aware of as sexual harassment reports are on a steady increase. Additionally, 70% of women reported some form of sexual harassment during their post-secondary education (LaRocca & Kromrey, 1999). Sexual violence and its traumas can interfere with receiving education equally.  
]]> 2021-11-30 22:07:11 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921492170 Slide 3: Professional Association arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921494220
  •             The Students Against Sexual Assault and Harassment program was locally created for the 17th Training Wing students on Goodfellow Air Force Base and is an Air Force wide program for Airmen in training status.  (Goodfellow Air Force Base, 2021) The SASH program is operated by students to help other students obtain resources and information about sexual assault. It is designed for sexual assault prevention and to promote reporting of sexual assaults.  Because this program is operated at the peer level, it removes rank intimidation barriers. 
  • https://www.goodfellow.af.mil/Home/17TRW-SASH-Program/
  • (Goodfellow Air Force Base, 2021)
    • ]]>     2021-11-30 22:09:03 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921494220     Slide 4: News Article 1 arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921495562
  • (Ujifusa, 2021)
  • https://www.edweek.org/leadership/violence-hate-crimes-in-schools-surged-in-pre-covid-period-federal-watchdog-finds/2021/11
  • Violence, to include sexual harm, has been on the rise or persisting since the pandemic started, according to the Government Accountability Office
  • Sexual harm is often unreported, one way to combat this is to create more awareness in the schools of what sexual violence is and how to report it
  • This article informs the current state of school as even in pandemic, sexual harm has been a continued problem 
    • ]]>     2021-11-30 22:10:23 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921495562     Slide 5: News Article 2 arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921496676
  • (WSOCTV.com News Staff, 2021)
  • https://www.wsoctv.com/news/local/lawsuit-filed-by-former-students-alleges-sexual-abuse-exploitation
  • Over 40 former University of North Carolina School of the Arts filed a lawsuit against 25 administrators or faculty for participating in a sexual abusive environment or allowing it to continue
  • The students were enrolled in the school between the range of 1969-2012
  • This article informs the current state of schools as still being held accountable for past wrongs
  • Media coverage of this lawsuit acts as warning to current academic administrations to take complaints seriously, as the complaints do not ‘just go away’
  • Future funding is reliant on past actions
    • ]]>     2021-11-30 22:11:24 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921496676     Slide 6: Law arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921498344
  • Constitutional Law
  • (U.S. Const. amend. XIV)
  • https://www.law.cornell.edu/constitution/amendmentxiv
  • Under the Equal Protection Clause in the 14th Amendment, all American citizens must be treated equally under the law, and have equal access to education. This amendment includes people who have been sexually assaulted 
    • ]]>     2021-11-30 22:12:54 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921498344     Slide 7: Law arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921499658
  • Statutory Law
  • (10 U.S.C § 1561)
  • http://uscode.house.gov/view.xhtml?req=(title:10%20section:1561%20edition:prelim)
  • According to Title 10 of the U.S. Code, if any complaints are made of sexual harassment the Department of Defense is mandated to investigate the incident with the intent to resolve the situation
    • ]]>     2021-11-30 22:14:09 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921499658     Slide 8: Law arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921500385
  • Statutory Law
  • (Violence Against Women Reauthorization Act, 2013)
  • https://www.congress.gov/bill/113th-congress/senate-bill/47
  • In the Violence Against Women Reauthorization Act of 2013, it defines who sexual violence includes and how educational facilities should arm to prevent sexual violence
    • ]]>     2021-11-30 22:14:52 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921500385     Slide 9: Law arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921501458
  • Statutory Law
  • (20 U. S. C. §1681a)
  • https://www.law.cornell.edu/uscode/text/20/1681
  • Title IX of the Education Amendments of 1972 prohibits sexual harassment, to include rape on any federally funded facility
    • ]]>     2021-11-30 22:15:56 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921501458     Slide 10: Local Policy arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921502402 My local educational institution is Goodfellow Air Force Base, Texas, as it is an education and training base. In military’s local policy, or the Uniformed Code of Military Justice §843. Art. 43., military members are prohibited form sexual assault and rape in any environment, to include professional military education environments.  ]]> 2021-11-30 22:16:54 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921502402 Slide 11: Ethical Principle arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921503578 In standard 3.6 of the Texas Administrative Code, Code of Ethics and Standard Practices for Texas Educators it states, “The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor” (19 T. A. C. § 247.2). Understanding that educators and students can not have an intimate relationship is important, because the student has the right to receive education without sexual harassment from the teacher. Without this ethical code, students could be subjected to unwanted sexual attention, and may feel pressured to allow the sexual misconduct to continue out of fear for their grades. This ethical code sets the boundary for both students and educators to know what is and is not acceptable behavior during training on GAFB and any educational institution in Texas.  ]]> 2021-11-30 22:18:02 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921503578 Slide 12: Non-Source Law arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921504372 The book Sexual Consent by Milena Popova (2019) informs the topic of sexual abuse and harassment from a social science perspective. Popova pulls ideas from pop culture and society, to demonstrate what society thinks sexual consent is verses what individuals experience. Popova explains how sexual harassment and volitions have been afforded into allowed in society’s frame of thoughts (Popova, 2019). This book broadens perspectives on sexual abuse. For example, it can help educators understand that society may understand ‘flirting’ as harmless, but in reality a student might not have the same viewpoint.  ]]> 2021-11-30 22:18:47 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921504372 Slide 13: Bulleted list of Recommendations / Best Practices for Compliance arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921505545
  • Recommended that students understand that they have the right to received education in an environment that is free from sexual violence
  • Recommended that students understand what sexual violence constitutes as in the educational realm on base
  • Recommended that students know how to report sexual harassment, abuse, harm, misconduct in academic institutions 
  • Recommended that students understand they are legally protected from retaliation for reporting sexual harm form their chain of commands 
  • Recommended that students undergo an annual compliance training to keep them up to date on laws and regulation regarding sexual violence and local policy on GAFB
  • Recommended that students continue to run organizations like the SASH program, as it helps create a network of peer support, promotes sexual assault awareness and prevention
    • ]]>     2021-11-30 22:19:55 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921505545     References arieves1 https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921507048 Goodfellow Air Force Base. (2021, N.d.). SASH program. United States Air Force. https://www.goodfellow.af.mil/Home/17TRW-SASH-Program/

    LaRocca, M., & Kromrey, J. (1999). The perception of sexual harassment in higher education: Impact of gender and attractiveness. Plenum Publishing Corporation, 40(11), 921-939.

    Popova, M. (2019) Sexual Consent. Cambridge: The MIT press. https://eds-s-ebscohost-com.easydb.angelo.edu/eds/ebookviewer/ebook/bmxlYmtfXzIxMDY1MzdfX0FO0?sid=266f0a02-d7cb-4aab-afa1-a11d0a345325@redis&vid=1&format=EB&rid=4

    Sexual Assault Prevention and Response. (2021, May 6). Reports. United States Department of Defense. https://sapr.mil/reports

    Stein, N (1995). Sexual harassment in school: The public performance of gendered violence. 65(1), 1-18.

    Ujifusa, A. (2021, November 29). Violence, hate crimes in schools surged in pre-COVID period, federal watchdog finds. Education Week. https://www.edweek.org/leadership/violence-hate-crimes-in-schools-surged-in-pre-covid-period-federal-watchdog-finds/2021/11

    U.S. Const. amend. XIV

    WSOCTV.com News Staff (2021, November 30). Lawsuit filed by former students alleges sexual abuse, exploitation at UNC School of the Arts. WSOCTV. https://www.wsoctv.com/news/local/lawsuit-filed-by-former-students-alleges-sexual-abuse-exploitation-unc-school-arts/BT3TNRUREZETJFSD4R64VRWPJM/
    ]]>     2021-11-30 22:21:08 UTC https://padlet.com/arieves1/ns0rdb4q7yc6wf2h/wish/1921507048