https://padlet.com/ccastaneda111/x9tx5ynre4956ac3 Legal Guide – Legal & Ethical Principles – EDG 6305 – Angelo State University - Friday, July 23, 2021. en-us 2021-07-21 04:59:54 UTC 2021-07-23 05:12:28 UTC hello@padlet.com ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656804651 Constitutional Law (1866) – The XIV Amendment establishes the foundation for educational equity by indicating that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. Amend. XIV).

Reference:
U.S. Const. amend. XIV

https://www.law.cornell.edu/constitution/amendmentxiv]]> 2021-07-21 05:03:26 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656804651 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805091 Statutory Law (1972) – Title IX of the Education Amendments is established to protect against discrimination based on sex in educational programs or activities that receive federal funding (20 U.S.C. § 1681 et seq.). https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html


Reference:

Title IX of the Education Amendments, 20 U.S.C. § 1681 et seq. (1972). https://www.justice.gov/crt/fcs/TitleIX-SexDiscrimination 

]]> 2021-07-21 05:04:11 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805091 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805480 Statutory Law (1988) – The Civil Rights Restoration Act of 1987 restores Title IX to institutions on a campus wide basis to any/all programs or activities that receive federal funding (Civil Rights Restoration Act, 1987). This means that the institution, a recipient of federal funding, must comply with civil rights laws in all areas of the institution (Public Law 100–259; 102 Stat. 28).

Reference:

Public Law 100–259; 102 Stat. 28

https://www.govinfo.gov/content/pkg/COMPS-347/pdf/COMPS-347.pdf

https://www.congress.gov/bill/100th-congress/senate-bill/557

]]> 2021-07-21 05:04:48 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805480 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805999 Judicial Law – Doe v. University of Cincinnati – Former undergraduate law students (males) were charged in separate incidents that violated the institution’s code of conduct by sexually assaulting female students.  They brought action against the institution and its officials stating that they were denied their right to due process and were discriminated against based on their gender, which is a Title IX violation (Doe v. University of Cincinnati, 2016). 

Reference:

Doe v. University of Cincinatti, No. 1:15-CV-681 (U.S. Ct. App. 2019). 

https://cite.case.law/f-supp-3d/173/586/ ]]> 2021-07-21 05:05:38 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656805999 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656806651 Local Law – The Department of Civil Rights & Equity Investigations at Texas A&M must investigate and resolve alleged violations of the institution’s civil rights policies, including Title IX.  Students or employees that have been victims of sexual harassment, sex-based misconduct, domestic violence, dating violence, or sexual assault, whether it occurred on or off-campus, has resources, rights, and options available at Texas A&M University.  The Office of Civil Rights & Equity urges all victims to report these incidents and will assign a case manager to the complainant and the respondent. According to Texas A&M University's Civil Rights Compliance, a complainant who wishes to pursue criminal action in addition (or instead of) making a report to the institution may contact law enforcement directly so that they can investigate (Texas A&M University, 2021). This was selected because it provides students with thorough information regarding their rights and gives them resources to submit reports.  Additionally, it allows students the opportunity to submit reports for other individuals that may be afraid to report and/or if they are suspicious of related behavior.

https://titleix.tamu.edu/

]]> 2021-07-21 05:06:42 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656806651 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656814649 Much of the focus regarding sexual assault occurrences in college surround female victims.  The Rape, Abuse & Incest National Network (RAINN) provides periodic statistical data regarding sexual assault occurrences and offers victims information regarding resources and support services.  According to RAINN (2021) men and boys that have been sexually assaulted or abused may have many of the same feelings and reactions as other survivors of sexual assault.  They may also face additional challenges because of social attitudes and stereotypes about men and masculinity.

This resource provides information about warning signs, supporting victims, and how to report sexual assault (RAINN, 2021).

https://www.rainn.org/articles/sexual-assault-men-and-boys]]> 2021-07-21 05:17:46 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1656814649 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658001754 In my role as the Dean of Students at an institution of higher education, the safety and security of our students is my highest priority.  In order to adhere to our institutional credo, faculty, staff, and students must abide by laws that provide guidance and support for students that experience sexual assault during their time at our institution.  This legal guide has been created as a resource for institutional partners (faculty & staff) to refer to when dealing with students that have been victims of sexual assault.  While sexual assault is common among female students, this guide was created specifically for situations pertaining to male victims of sexual assault.  This information can also be made available for students to reference. ]]> 2021-07-22 05:38:54 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658001754 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658010718 It is common to hear about situations where female students that have been victims of sexual assault at the hands of male students in college. What many do not know is that sexual assault on college campuses is as serious an issue for male victims as it is for female victims. Incidents of sexual assault against male victims are quite under-reported compared to those of female victims. It is important to shed some light on the issue of male victims of rape on college campuses and why these occurrences are not a topic of conversation.  

We have all heard stories in the news about female students that went to a party, engaged in social drinking, and fell victim to sexual assault or rape.  Now imagine that these tables are turned.  When people hear stories about rape, they usually assume that the victim is female.  Institutions of higher education have an obligation to provide an educational experience that protects its students against sexual assault, and that includes male students as well.

As more and more male students fall victim to sexual assault, institutions of higher education need to provide training and resources for their faculty and staff so that they are prepared and proactive in handling these situations as they arise. This means that institutional staff should be well versed in various laws, policies, and procedures to protect their students. ]]> 2021-07-22 05:50:05 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658010718 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658024998 Know Your IX is a resource and website for survivors of sexual assault and abuse, and serves to empower and end sexual violence in schools. 

This organization focuses on a students' civil rights and Title IX to provide educational and financial supplementation to aid victims of sexual violence.   

Know Your IX's mission is achieved by education college students throughout the United States, advocating for policy changes at the campus, federal, and state level, as well as training students and staff at institutions to address sexual violence and discrimination. Know Your IX has also committed an entire section of their website for male survivors of sexual violence.  This section provides specific information regarding reporting, warning signs, Title IX specifics, and advocacy for make victims (Know Your IX, 2021).

Know Your IX has become one of the most well-known and utilized resources by students and institutional faculty and staff in the battle against sexual assault among on college campuses. 

Know Your IX. (n.d.). Male survivors. https://www.knowyourix.org/issues/male-survivors/

Links: 

https://www.knowyourix.org/issues/male-survivors/

https://www.knowyourix.org/about/]]> 2021-07-22 06:08:36 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1658024998 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659021351 Stores of sexual assault vary from person to person, but men are often forgotten as victims of sexual violence and assault.  Society has created a culture of masculinity that makes it difficult for men to openly report or discuss their own assaults.  Men are often expected to stand up for themselves or fight off (literally) anyone that poses a threat.  They are expected to be in control and have power over situations. 

When the #MeToo Movement began, this created a discussion among male victims of sexual assault/violence.  According to Purnell (2019), "we should also recognize men will never be as systemically subjected to sexual assault as women are. In other words, "all lives (should) matter" when it comes to sexual assault and creating dialogue that allows men to express themselves, their trauma, and their sexual assault/violence incidents. 

* - This article provides information about creating ways for male students to acknowledge the role they play in how women are treated. By educating men and providing them with resources, it will allow them to see themselves as equals to their counterparts to promote self-reporting and self-advocacy in these situations. 

ISSUES/AREAS OF IMPROVEMENT:

* - Institutions must provide resources to the entire student population about the importance of reporting sexual assault occurrences for both male and female students.

* - The article also provides information about the impact that bystanders can have.  If bystanders use their voice to fight for victims of sexual assault, it can lessen the number of occurrences and break the stigma of secrecy and embarrassment among male victims of assault.

Purnell, D. (2019). #Me(n)Too: Storying a male-on-male sexual assault. Journal of Loss & Trauma, 24(3), 226-237. https://doi.org/10.1080./15325024.2018.1524487 

]]> 2021-07-23 03:37:17 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659021351 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659048990 Although there is much attention surrounding sexual assault, violence, and harassment, research and reporting for occurrences among male victims is limited.  Society has focused so much on the behaviors of the victim, that it has created a shame culture that contributes to silence among male victims (Walfield, 2018).

According to Manzano (1998), campus cultures have  moved towards complete supportiveness of women in a male-dominated world.  Across the world, institutions are providing resources and establishing centers for female victims and nothing of that sort for male victims.   

ISSUES/AREAS OF IMPROVEMENT:

* - Institutions must utilize the Clery Act (20 U.S.C. § 1092) to ensure that all crimes on campus, including acts of sexual misconduct are reported and available for review. 

* - Some students may find it difficult to self-report or speak to professionals about situations where they fell victim to sexual assault.

* - Institutions must provide informational sessions, trainings, or seminars to educate their faculty, staff, and students on the stigmas and myths surrounding male-rape so that they are aware of the warning signs, implications, and repercussions of these unfortunate situations.

Walfield, S. M. (2018)  “Men Cannot Be Raped”: Correlates of male rape myth acceptance. Journal of Interpersonal Violence, 36(13-14), 6391-6417. https://doi.org/10.1177/0886260518817777 

https://www.uvm.edu/~vtconn/v19/manzano.html 

]]> 2021-07-23 04:05:15 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659048990 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659069984 According to the Council for the Advancement of Standards in Higher Education (CAS), Ethical Principle IV (Justice) serves to actively promote human dignity and endorse equality and fairness for everyone (2006).  By abiding by this principle, I/We (as higher education professionals) are committed to treating others with respect and fairness, while operating within the framework of laws and policies in the best interest of our students.  By following this principle, we assess each student that we work with in a fair and open manner.  This principle aligns to this topic because it demonstrates our need to protect our students and commit to providing them with a quality education experience that aligns with our institution's mission and ethical code. 

Council for the Advancement of Standards. (2006). CAS professional standards for higher education (6^th Ed.).

http://standards.cas.edu/getpdf.cfm?PDF=D67207DB-A711-46AA-86038F4A48ACF434

]]> 2021-07-23 04:27:27 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659069984 ccastaneda111 https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659075051
* - Develop an institution wide initiative that promotes reporting acts of sexual misconduct for students that emphasizes male students' right to report and be heard.

* - Develop intensive trainings/seminars for student affairs professionals, support staff, instructors, and students that educate them on civil rights, laws, and policies pertaining to sexual assault, violence, and harassment.

* - Utilize and promote the Clery Act and institutional crime reports to make students aware of incidents and the safety precautions being taken by the college/university to improve their educational experience.

* - Actively follow up with victims of sexual assault, violence, and/or harassment to ensure that they are recovering well and able to continue their education successfully. 

* - Promote best reporting practices and reporting services to faculty, staff, and students to ensure that any/all incidents are reported, even if they are just assumptions. 

* - Offer open forums for victims to meet/socialize with other victims to promote openness and break the stigma of being embarrassed or shamed. (Encourage male students to be active in these activities). 

* - Consistently notify students, faculty, and staff of the importance of reporting Title IX violations and occurrences regarding sexual assault, violence, and harassment, including situations among male students. ]]> 2021-07-23 04:33:08 UTC https://padlet.com/ccastaneda111/x9tx5ynre4956ac3/wish/1659075051