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EduRiskSolutions.org

Confronting Campus : An Examination of Higher Education Claims Recent legal and regulatory mandates require virtually all colleges and universities to investigate and adjudicate reports of sexual assault. An analysis of claims reported to United Educators (UE) reveals that institutions respond to cases of sexual assault that the criminal justice system often considers too difficult to succeed at trial and obtain a conviction. Our data indicates these challenging cases involve little or no forensic evidence, delays in reporting, use of alcohol, and differing accounts of consent.

1/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims Claims Data and Methodology Definitions We use the term “claim” throughout Shortly after the U.S. Department of Education’s Office for Civil Rights (OCR) this report to mean a demand for issued its April 4, 2011, “Dear Colleague” letter (DCL), UE published Sexual damages as well as an event that Assault: Weathering the Perfect Storm, which examined student sexual assault could potentially give rise to legal claims reported from 2006 to 2010.1 Our current study, Confronting Campus action. Given the serious nature of Sexual Assault, examines the nature of campus sexual assaults post-DCL to help student sexual assaults, UE policies educational institutions evaluate their strategies for responding to and preventing require reporting of sexual assaults campus sexual assaults. regardless of whether a threat of litigation exists. Accordingly, this For this study, UE collected and analyzed data from claim files that: study includes sexual assaults that ❚❚ Involved a student victim were reported to the institution but never developed into a demand for ❚ ❚ Included allegations of sexual assault damages or lawsuit. ❚❚ Occurred at a higher education institution Language is important when ❚❚ Were reported to UE between Jan. 1, 2011, and Dec. 31, 2013 discussing sexual assaults. Throughout this report, we use the This study excluded claims involving allegations that faculty or staff sexually term “victim” to refer to an individual assaulted students. Also excluded were claim files for which the of both who alleges he or she has been parties and whether they were students was unknown. The final data set included sexually assaulted and “perpetrator” 305 claims reported from 104 colleges and universities throughout the United to refer to the individual who States. Files were reviewed individually to examine: allegedly committed the act. These ❚❚ Perpetrator and victim characteristics terms are consistent with language used by governmental agencies and ❚❚ Circumstances of the assault organizations that publish sexual ❚❚ Response from the institution violence statistics. Our use of the term “victim” rather than “survivor” is ❚❚ Resulting litigation not intended to diminish the strength Our analysis is subject to several limitations and conditions. Claims analysts and of those who came forward to report attorneys maintain claim files to manage litigation and resolve claims against UE a sexual assault. Likewise, our use of members. Because research is not the primary purpose of claim files, our analysis the term “perpetrator” is not intended is limited by the information contained in them. Nevertheless, the files contain as acceptance of the truth of the valuable information that would otherwise be unavailable through other means allegations against an individual. such as self-report surveys. For example, a claim file can capture a more complete For the purposes of this study, picture of campus sexual assault because it includes information from both parties “sexual assault” is defined to include as well as the institution’s investigation and adjudication processes. a range of conduct, including Finally, our analysis reflects only UE claims data and should not be generalized sexual coercion, nonconsensual to represent all reports of sexual assault on college campuses. The claims data, sexual touching (i.e., fondling and however, enables institutions to draw some meaningful conclusions for use in kissing), and nonconsensual sexual responding to and preventing on their campus. intercourse, including vaginal, oral, or anal penetration. 1 Different methodology was used to obtain a larger data set for this study than in the previous study. We recommend that you not draw conclusions from any differences in the findings between the studies.

2/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Key Findings

Frequency †† Multiple perpetrator sexual assaults. Ten As Figure 1 illustrates, prior to the DCL and for two percent of all sexual assault claims involved a years thereafter, UE saw a steady decline in the total single victim and two or more perpetrators. number of reported sexual assault claims. However, by More than half of multiple perpetrator sexual the end of 2013, the total number of claims more than assaults involved athletes (40 percent) or doubled. We likely can attribute this increase to more fraternity members (13 percent). Our review institutions publicizing their policies and heightened of these claims suggests a subculture within campus awareness of sexual assault—whether from some fraternities and teams that promotes student-led advocacy or other means. hypermasculinity, sexual , and excessive alcohol consumption. These While this study draws from data through 2013, sociocultural factors may encourage students claims are also likely to increase in 2014 and beyond within these groups to engage in or excuse as institutions evolve their handling of sexual assaults sexual violence. Claims examples include: to comply with Title IX and the Violence Against • Members of a football team were accused Women Act (VAWA). of taking turns sexually assaulting a Perpetrator Characteristics student who was unconscious from drinking too much. ❚❚ Male. Nearly all (99 percent) of the perpetrators were men. • University basketball players pursued a female student who they described as ❚ ❚ Student. As Figure 2 shows, 84 percent of “shy,” “quiet,” and “lonely” because she perpetrators were students at the same college or was “easy” to obtain sex from. Players university as the victim. had sex with the victim on multiple ❚❚ Athletics and Greek life. Fifteen percent of occasions. In one instance, five players perpetrators were athletes, and 10 percent were showed up at her residence hall to have members of a fraternity. sex with her.

Figure 1 Claims Reported DCL Released 2010-2013 April, 2011

89 78 73 154

2010 2011 2012 2013

3/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org ❚❚ Serial perpetrators. One in five perpetrators ❚❚ First- and second-year students.2 Nearly three- was accused of sexually assaulting more than one fourths (73 percent) of sexual assault victims student; 44 percent of these repeat perpetrators were freshmen or sophomores ( Figure 3). The were athletes (20 percent) or fraternity members highest rate of victimization occurred during (24 percent). While the institution generally freshman year, followed by a sharp decline learned of potential multiple victims only after sophomore year and every year thereafter. one victim came forward, in a few instances First-year students were also most vulnerable the perpetrator had previously been accused to multiple perpetrator sexual assaults. They of violating the institution’s accounted for 88 percent of those victims. policy. For example, one institution placed a ❚❚ Reluctance to report sexual assault. Nearly 40 student on disciplinary probation and required percent of victims delayed reporting the sexual him to do community service after he admitted assault to their college or university. On average, to nonconsensual sexual touching of a female victims delayed 11 months. A review of these student. He sexually assaulted another student claims revealed several reasons for the lengthy the following semester, this time escalating to delay in reporting, including: nonconsensual sexual intercourse. †† The victim blamed herself because she was Victim Characteristics intoxicated. Three-quarters of the victims who delayed in reporting consumed alcohol prior ❚❚ Female. Most (94 percent) victims were women. to the sexual assault. In fact, 26 percent of ❚❚ Knew the perpetrator. The majority (90 percent) victims who delayed reporting had no clear of victims knew the perpetrator. The perpetrator memory of the assault. was most often the victim’s friend, acquaintance, classmate, boyfriend, or ex-boyfriend. 2 This study only presents findings on victims’ class year because there was insufficient information on perpetrators’ class year in the claims files.

Figure 2 Strangers: Perpetrators that Perpetrator Pro le 16% were unseen or the victim did not for Sexual Assault Non-Student recognize. Perpetrator Visitors: Nonstudents visiting the campus who were acquaintances of the victim or other student.

Other: Family members and 10% Stranger Student perpetrator 84% nonstudent acquaintances; these off-campus incidents were reported 5% Visitor to the institution because the Other (1%) victim wanted protection from the perpetrator coming to campus.

4/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org †† The victim did not immediately label the • The institution chose to investigate incident a sexual assault. In most cases, the against the victim’s wishes, and the victim victim labeled the incident a sexual assault became uncooperative, making it difficult only after talking with friends or attending to complete the investigation prevention training. Examples of these situations included: †† The victim and perpetrator were in a romantic • A university could not investigate a sexual relationship. We saw a slightly higher rate of assault complaint after the victim reported delay when the victim and perpetrator were the assault as part of her recovery and in a dating relationship. Nearly 60 percent refused to identify the perpetrator. of the victims in this subgroup did not immediately report their sexual assault to the • A resident assistant (RA) reported a sexual institution and only came forward after the assault to campus police that a victim relationship ended. shared in confidence with him. The college did not complete its investigation † † One in five victims did not want the institution after the victim recanted her original to investigate their sexual assault or take statement to the RA. disciplinary action against the perpetrator. In 52 percent of these claims, institutions did • A student reported an incident of not investigate the complaint or could not nonconsensual sexual contact but was complete their investigation, for two primary unsure if it was “actually sexual assault.” reasons: Although she did not want the university to investigate, she did want them to • The institution honored the victim’s issue a no-contact order. The university request and did not investigate or take complied, and the following semester the disciplinary action against the perpetrator student changed her mind and requested a formal Title IX investigation.

Figure 3 3% 1% Victims by Class Year

Freshmen 11% Sophomores Juniors 12% Seniors 54% Grad students Other 19%

5/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims Facts From United Educators’ Report UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher Confrontingeducation institutions. Campus is analysis revealed Sexual disturbing trendsAssault: in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts An Examinationto better protect students. of Higher Education Claims

UE’s comprehensive review ofThe sexual assault Circumstance claims looked at 305 claims reported of betweenCampus 2011 and 2013 Sexual by higher Assault education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students. of Sexual Assaults Occurred 41% The Circumstance of onCampus Campus Sexual Assaultof Sexual Assaults Involved OFF-CAMPUS PARTIES

of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

90% of Victims Knew the Perpetrator The Circumstances of Campus Sexual Assault Location 78% of Sexual Assaults ❚❚ More than half (60 percent) of sexual assaults of Victims KnewInvolved the Alcohol Perpetrator 1 in 3 occurred on campus. The most frequent location90 % Victims Were Drunk, for sexual assaults was the victim or perpetrator’s Passed Out, or Asleep residence hall (53 percent). ❚❚ Role of off-campus parties. In 41 percent of claims, 78% of Sexual Assaults the victim and perpetrator attended the same off- Involved Alcohol 1 in 3 campus party before going back to campus, where Victim Characteristics Victims Were Drunk, the sexual assault occurred. These off-campus Passed Out, or Asleep parties included institution-recognized sorority and fraternity houses, athletic team houses, and students’ Connection to Alcohol off-campus residences. Nearly 80 percent of the More than three-fourths (78 percent) of sexual assaults 40% victims who attended off-campus parties were first involved the perpetrator,% victim, or both consuming Were of Victims Figure 4 94 and second-year students ( ). Victim Characteristicsalcohol. Both the perpetrator and victim consumed Delayed Reporting The data suggest that easy access to alcohol by alcohol in 88 percent of sexual assaults involving Average Delay: 11.3 Months underage students may explain the number of alcohol. ofThese Victims findings Were seem Female to reflect the high rate at sexual assaults that occurred after off-campus which students use alcohol in their sexual encounters. parties. The binge drinking and large amounts of 40% We saw the lowest rate of alcohol use when the victim alcohol consumed at these parties is evident by our 94% Were of Victims and perpetrator were in a dating relationship. Only finding that 66 percent of the victims who had no Delayed Reporting 36 percentPerpetrator of the sexual assaults Characteristics occurring in a dating clear memory of the assault drank alcohol at an Average Delay: 11.3 Months relationship involved alcohol. off-campus party prior to the assault. of Victims Were Female

84% 20% Perpetrator Characteristics of Perpetrators Were Figure 4 of Perpetrators Were Repeat O enders of Perpetrators Victim Attendance at Students 99% Were Male O -Campus Parties % 84 9% 20% Recommendationsof Perpetrators Were for Institutions of Perpetrators13 Were% Repeat O enders Freshmen of Perpetrators Students 99% Were Male Sophomores 52% Juniors 26% Seniors Recommendations for Institutions Institutions should take a comprehensive approach to preventing and responding 6/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims to sexualEduRiskSolutions.org assault, changing policies as well as campus culture. Institutions should take a comprehensive Ensure student policies address high-risk approach to preventing andbehavior responding such as binge drinking and to sexual assault, changinginappropriate policies conduct such as bullying and as well as campushazing. culture.

Ensure student policies address high-risk behaviorO er such general as binge sex drinking education and to help students inappropriatenavigate conduct intimate such relationships as bullying and and understand hazing.how to have healthy encounters.

O er general sex education to help studentsDirect prevention e orts to high-prole groups, navigate intimate relationships and understandsuch as athletes and fraternities, and promote how to have healthy encounters. culture change within these groups.

Direct Trainprevention faculty, e orts sta , andto high-prole students on groups, how to such asidentify, athletes respond, and fraternities, and report and sexual promote violence. culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. Methods of Sexual Assault3 witnesses described the perpetrator holding the victim up to walk and the victim Figure 5 shows the frequency of each method of as “clearly drunk” and “drunk but not sexual assault seen in the claims. Our reason for stumbling down.” labeling and quantifying the “methods of assault” seen in the claims is not to judge what constitutes assault. †† A student alleged that an intoxicated friend Rather, it is to demonstrate the spectrum of behaviors propositioned him for sex when he helped her in the claims alleged as assault. We recognize that the to bed after she threw up and passed out in a definition of assault is defined by each campus. bathroom. During the college’s investigation he stated that the victim never said “no,” ❚ 4 ❚ Incapacitated sexual assault. Incapacitation “stop,” or struggled. of the victim was the most frequent method of † sexual assault seen in the claims ( Figure 5). † A group of students walked to an off-campus Examples include: residence after a party where they were drinking. One of the students fell asleep on †† A student with no recollection of consenting the living room sofa and woke to find another to sexual intercourse was described by the student having sex with her. perpetrator as “drunk but in control.” Other All of the study’s incapacitated sexual assaults involved alcohol. In 89 percent of these claims, 3 The dynamics of campus sexual assault are complex, and both the victim and perpetrator were drinking perpetrators may use more than one method to assault a victim. For example, a victim could be under the influence of alcohol and ( Figure 7). The remaining 11 percent of assaults meet the standard for incapacitation, but the perpetrator may involved only the victim consuming alcohol. choke or hold the victim down to carry out the assault. For the purposes of this study, we looked only at the primary method used While we could not identify the perpetrator’s and therefore classified assaults such as this example as sexual intent in these claims, the unequal levels of assault by physical force. intoxication could indicate that a small number of 4 For this study, it did not matter if the perpetrator gave the victim perpetrators targeted intoxicated students. In fact, alcohol or other drugs, if the victim voluntarily consumed alcohol without involvement from the perpetrator, or if the institution’s serial perpetrators most frequently used a victim’s adjudication determined incapacitation for it to be classified as an incapacitation to carry out the assault ( Figure 6). incapacitated sexual assault.

Figure 5 Methods of Sexual Assault

Victim was unable to consent because he/she was drunk, 33% Incapacitation | passed out, or asleep.

29% Physical force | Perpetrator used physical force or threats of force to carry out assault.

Perpetrator used no force, threat of force, or coercion, but ignored or misinterpreted 18% Failed consent | cues or inferred consent from silence or lack of resistance.

Perpetrator continued to engage in sexual contact after the victim hesitated or refused, 13% Sexual coercion | but did not use force.

7% Drug-facilitated | Victim was incapacitated due to unknowingly ingesting a knock-out or date drug.

7/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students.

The Circumstance ofFacts Campus From United Sexual Educators’ ReportAssault Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher of Sexual Assaultseducation institutions. Occurred is analysis revealed disturbing trends in the41 circumstances around% campus sexual assault and characteristics of victims and perpetrators. is data canof help Sexual guide institutions Assaults in determining whereInvolved to place their eorts on Campusto better protect students. The CircumstanceOFF-CAMPUS of Campus Sexual Assault PARTIES of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

90% of Victims Knew the Perpetrator of Victims Knew the Perpetrator “strong” drink. Later in the evening she blacked 90% out and remembered only pieces of the assault. †† A student woke up in her dorm room after drinking with friends at an off-campus party. She thought she may have been sexually assaulted and went to the emergency room. % % An examination at the hospital revealed 78 of Sexual78 Assaults of Sexual Assaults MDMA or “Molly” in her system. The 1 in 3 student told investigators that she only drank Involved Alcohol 1 in 3 at the party and did not take any drugs. Involved Alcohol Victims Were Drunk, ❚❚ Sexual assault by physical force. More than one- fourth (29 percent) of perpetrators used physical VictimsPassed Out,Were or Asleep Drunk, force or threats of force to carry out the assault ( Figure 5). Examples include:

†† A student consented to sexual intercourse, Passed❚❚ Drug-facilitated Out, sexual assault. or5 We Asleepsaw a but when it started to hurt, she asked her low rate of claims in which the victim was partner to stop. He continued with sexual incapacitated due to unknowingly ingesting a intercourse, telling her that it would “stop knock-out or drug. Examples of drug- hurting in a second.” facilitated sexual assaults include: Victim Characteristics †† A student consented to protected sex, but †† A victim described meeting the perpetrator when there was no condom he was held down at an off-campus party. She was already and sexually assaulted. intoxicated when she arrived at the party and remembered the perpetrator giving her a †† A student was walking to the bathroom at a fraternity house party when she was pulled into an empty room by an unknown man who 5 For the purposes of this study, it did not matter if drugs were found % beat and raped her. Victim Characteristics in the victim’s system.40 94% Were of Victims Figure Delayed6 Reporting MethodsAverage ofDelay: Sexual 11.3 Months Assault by Serial Perpetrators of Victims Were Female 43% Incapacitation 23% Physical% force 4021% Failed consent 94% Perpetrator CharacteristicsWere 10%of Sexual Victims coercion Delayed3% Drug-facilitated Reporting Average Delay: 11.3 Months 8/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org of Victims Were Female 84% 20% of Perpetrators Were of Perpetrators Were Repeat O enders of Perpetrators Students 99% Were Male Perpetrator Characteristics Recommendations for Institutions

84% 20% of Perpetrators WereInstitutions should take a comprehensive of Perpetrators Were Repeatapproach O enders to preventing and responding of Perpetrators to sexual assault, changing policies % Students as well as campus culture.99 Were Male

Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and Recommendations for Institutionshazing.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote Institutionsculture change within these groups. should take a comprehensive approach to preventingTrain faculty, sta , and and students responding on how to identify, respond, and report sexual violence. to sexual assault, changing policies as well as campus culture.

Ensure student policies address high-risk behavior such as binge drinking and

NOTE:inappropriate Our use of the term “victim” conduct rather than “survivor” such is not asintended bullying to diminish the and strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations againsthazing. an individual.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. None of the perpetrators used weapons. Instead, †† A student engaged with another student the perpetrator most often exploited the victim’s in consensual kissing and touching in her vulnerability from intoxication. Overall, alcohol dorm room. They briefly began having sexual was involved in about half of the physical force intercourse before the female student asked sexual assaults with both parties consuming the male student to stop because she was a alcohol in most of these claims ( Figure 7). virgin. The male student said he stopped and Although we cannot determine each party’s talked with the victim before he got dressed level of intoxication, the victims claimed they and left her room. The female student said communicated to the other person they did not that the male student stopped when she told want to engage in sex. As a result, the perpetrator him to, but that he still took things further needed to use some force or threat of force to than she wanted to. carry out the assault. The fact that 11 percent of †† A student reported to her college that she the claims involving alcohol involved only the thought she was sexually assaulted by another perpetrator consuming alcohol could also suggest student. She told investigators that “I did not that alcohol consumption by some students want to have sex, but it wasn’t like I resisted.” enables them to more easily use force to obtain sex when their partner hesitates or resists. We classified these as failed consent sexual assaults, and they accounted for 18 percent of the study’s ❚❚ Failed consent. In a number of the claims, the claims ( Figure 5). More than two-thirds (70 perpetrator used no force, threat of force, or percent) of failed consent sexual assaults involved coercion, but instead ignored or misinterpreted alcohol. In those claims, both the perpetrator and cues or inferred consent from silence or lack of victim consumed alcohol 63 percent of the time resistance. Examples of failed consent include: ( Figure 7). In the remaining 7 percent of claims, †† A student never asked if he had consent for only the perpetrator was under the influence. This sex. He believed, however, that his partner could support the idea that alcohol consumption consented because she kissed him and helped by some students contributes to misinterpreting take off his clothes although she was silent sexual interest or ignoring their partner’s when they were having sex. hesitation.

Figure 7 Alcohol Consumption Both parties were drinking By Method of Sexual Assault Perpetrator only

100% of incapacitation Victim only claims involved alcohol 70% of failed consent claims involved alcohol 51% of physical force 65% of sexual coercion claims involved alcohol claims involved alcohol 89% 63% 40% 37% 7% 28% 11% 11% Failed consent Incapacitation Physical force Sexual coercion

9/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims Facts From United Educators’ Report

ConfrontingFailed consentUE’s sexualcomprehensive assaults also Campus had review the highest of sexual assault Sexualother claims hesitated looked or refused.Assault: at 3056 However, claims for reported assaults between 2011 and 2013 by higher rate of freshmaneducation victims. institutions. Nearly half of is all victims analysis revealedoccurring disturbing in a dating trends relationship, in the sexualcircumstances coercion around campus sexual assault and An Examinationwere freshmen. This seems to suggest of that Higherstudents was Education the most frequent method—accounting Claims for new to thecharacteristics college environment of victims have difficulty and perpetrators. nearly is 60data percent can ofhelp these guide claims. institutions Compared to in determining where to place their eorts with sexualto communications,better protect especiallystudents. when other methods of sexual assault, sexual coercion alcohol is involved. claims had the lowest rates of alcohol use, although alcohol was still a contributing factor ❚❚ Sexual coercion. The least frequent method of UE’s comprehensive review of sexual assault claims looked at 305 claimsin reported 65 percent betweenof the claims. 2011 Examples and of2013 sexual by higher sexual assault was sexual coercion or situations education institutions. is analysis revealed disturbing trends in the circumstancescoercion claims include:around campus sexual assault and in whichThe one party used Circumstance no physical force but of Campus Sexual Assault characteristics of victimscontinued and perpetrators. to engage in sexual is contact data after can the help guide institutions†† During in a sexualdetermining assault investigation where to an place their eorts institution found several students who to better protect students. described the perpetrator as “persistent,” “wearing you down,” and “making you go further than you wanted to go.” The Circumstance of ofCampus Sexual Assaults†† A Occurred Sexualstudent reported that herAssault boyfriend took consensual naked photos of her, but then 41% threatened to post them on social mediaof Sexual Assaults Involved on Campusunless she engaged in certain sex acts. †† A pledge was ordered to performOFF-CAMPUS oral sex on PARTIES someone in order to receive a bid from the of Sexual Assaults Occurred fraternity. % 41 6 The factof that Sexual we looked only atAssaults the primary method Involved used to carry on Campus out the assault may be one reason for the lower rate of sexual coercion claims. Several of the physical force sexual assault claims OFF-CAMPUSinvolved the perpetrator using physical force after thePARTIES victim hesitated or resisted.

Figure 8 Outcomes After Institution Received Sexual Assault Report

9045%% Perpetrator foundof Victims responsible Knew the Perpetrator 25% Perpetrator found not responsible

23% Institution did not investigate or adjudicate 7% Perpetrator withdrewof priorVictims to adjudication78 Knew outcome% of Sexual the AssaultsPerpetrator 90% 1 in 3 Involved Alcohol Victims Were Drunk, Passed Out, or Asleep 10/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org 78% of Sexual Assaults Involved Alcohol 1 in 3 Victims Were Drunk, Victim Characteristics Passed Out, or Asleep

Victim Characteristics 40% 94% Were of Victims Delayed Reporting Average Delay: 11.3 Months of Victims Were Female 40% 94% Were of Victims Delayed Reporting Average Delay: 11.3 Months of Victims Were FemalePerpetrator Characteristics

Perpetrator Characteristics84% 20% of Perpetrators Were of Perpetrators Were Repeat O enders of Perpetrators Students 99% Were Male 84% 20% of Perpetrators Were of Perpetrators Were Repeat O enders Recommendations for Institutionsof Perpetrators Students 99% Were Male

Recommendations for Institutions

Institutions should take a comprehensive approach to preventing and responding to sexual assault, changing policies Institutionsas well as campus culture. should take a comprehensive approach to preventing and responding Ensure student policies address high-risk to sexual assault, changingbehavior policies such as binge drinking and as well as campusinappropriate culture. conduct such as bullying and hazing. Ensure student policies address high-risk behavior such as binge drinking and inappropriateO er general conduct sex such education as bullying to help and students hazing.navigate intimate relationships and understand how to have healthy encounters.

O er general sex education to help students navigate intimate relationships and understandDirect prevention e orts to high-prole groups, how to have healthy encounters. such as athletes and fraternities, and promote culture change within these groups.

Direct prevention e orts to high-prole groups, such asTrain athletes faculty, and sta , fraternities, and students and promote on how to cultureidentify, change respond, within these and reportgroups. sexual violence.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students. The Circumstance of Campus Sexual Assault

of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

90% of Victims Knew the Perpetrator

The Institution’s Response to Sexual to campus police, and the school launched Assault Complaints 78% of Sexual Assaults an investigation. The perpetrator hired an attorney and stopped cooperating with the Instances in Which the Institution InvolvedDid Not Alcohol 1 in 3 school’s investigation.Victims The Were victim Drunk, also became Investigate or Adjudicate a Sexual Assault Report uncooperativePassed because Out, she was or afraidAsleep she In 23 percent of the claims, the institution did not would lose her boyfriend and did not want investigate or adjudicate students’ sexual assault to be known as the “girl who got raped.” The complaints ( Figure 8) for the following reasons: perpetrator withdrew from school and the college never completed its investigation. ❚❚ Victims were uncooperative. In more than half Victim Characteristics †† A student came forward to report that her of these claims, the victim asked the institution friend was sexually assaulted while passed not to investigate, and the institution honored out from drinking. During the college’s that request or the victim became uncooperative, investigation the victim became uncooperative preventing the institution from fully adjudicating % Figure 9 because she feared 40her parents would find the complaint ( ). Examples included: 94% Were out about the rape. ofThe Victims victim ultimately †† A student was forcibly raped in her residence recanted, sayingDelayed she and Reportingthe perpetrator hall by another student. Her friend engaged in consensualAverage Delay: sex. 11.3 Months of Victimspersuaded Were her toFemale report the sexual assault

Figure 9 PerpetratorReasons for No Characteristics Investigation or Adjudication 4% 13% Uncooperative84% victim 20% Unable to identify perpetratorof Perpetrators Were of PerpetratorsPerpetrator withdrew Were Repeat O enders 20% 63% of Perpetrators ReliedStudents on police investigation 99% Were Male

Recommendations for Institutions

11/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org

Institutions should take a comprehensive approach to preventing and responding to sexual assault, changing policies as well as campus culture.

Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students. The Circumstance of Campus Sexual Assault of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

90% of Victims Knew the Perpetrator

78% of Sexual Assaults Involved Alcohol 1 in 3 Victims Were Drunk, Passed Out, or Asleep

Victim Characteristics

❚❚ Victim could not identify perpetrator. In 20 percent of these claims, victims had no clear memory of the assault, which impeded their ability to identify a perpetrator to investigate. ❚❚ Perpetrator withdrew. In 13 percent of these claims, % the perpetrator withdrew from the institution 40 94% before the complaintWere could be fully adjudicated. of Victims ❚❚ Institution relied on a police investigation. In 4 percent of these claims, the institution failed to Delayed Reporting use its internal process because it inappropriately relied on the criminal justice system to make a Average Delay: 11.3 Months determination for them. For example, a student of Victims Were Female pressed charges with local police after he was sexually assaulted. He sought help from the institution for a no-contact order, which the institution issued. The institution, however, did not conduct an investigation because it believed that the criminal justice system would punish the Institution’s Adjudication of Sexual Assault perpetrator, which would remove the threat to the victim and the campus community. Complaints

❚❚ Victim delayed reporting the sexual assault. The perpetrator was found responsible in 45 percent Perpetrator CharacteristicsBased on this claims data, we suspect that victim of the study’s student-on-student sexual assaults, while delay in reporting may have contributed to an 25 percent of perpetrators were found not responsible. institution’s inability to fully adjudicate a sexual In 7 percent of the claims, the institution improperly assault report. On average, the complaints that ended the adjudication process without reaching a were not fully adjudicated were reported to the decision when the perpetrator withdrew from the institution 17 months after the alleged assault. institution ( Figure 8). % Figure 10 84 20Sanctions % of Perpetrators Were of Perpetrators Were Repeat O enders25% < 1 year 43% Non-separationof sanctions Perpetrators Students 99% Were Male 12% > 1 year 9% 6% 2% Unknown 3% Expulsion Suspension Limited access Disciplinary Counseling or to campus probation training

Recommendations for 12/20Institutions Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org

Institutions should take a comprehensive approach to preventing and responding to sexual assault, changing policies as well as campus culture.

Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. ❚❚ Expulsion was the most frequent sanction. sexual assault investigation when athletes were Our data suggest that when sexual assaults are involved. There were only two instances in adjudicated, institutions frequently impose their which the athletic department had any role in severest sanction. Only 18 percent of claims the process. In both claims, the coaches initially involved sanctions in which the perpetrator thought the incidents involved only physical did not receive a suspension or expulsion fighting and punished the players. When they ( Figure 10). In these instances, the student learned that the incidents involved sexual contact, perpetrator was most frequently removed from the coaches stepped back while the institution on-campus housing and permitted access only to conducted a Title IX investigation. In each academic buildings on campus. instance, the perpetrator was found responsible for violating the institution’s sexual misconduct policy. ❚❚ Method of sexual assault and likelihood of expulsion. The method used by the perpetrator ❚❚ Adjudications involving athlete perpetrators. to carry out the assault may have been a factor Given the frequent media attention that describes in an institution’s choice of sanction. More than institutions treating athletes more favorably four-fifths (82 percent) of expulsion sanctions and not holding them accountable for sexual were for perpetrators who either took advantage misconduct, it was surprising that our claims of a victim’s incapacitation or used physical force data showed that almost two-thirds of athlete ( Figure 11). Disciplinary probation and lesser perpetrators were found responsible through the sanctions were most often imposed by institutions institution’s adjudication process ( Figure 12). when the sexual assault involved failed consent ❚❚ Addressing the role of team culture in athlete ( Figure 11). perpetrated sexual assaults. While the claims Investigation and Adjudication of Complaints data show that most athlete perpetrators were Against Athlete Perpetrators held accountable for violating the institution’s sexual misconduct policy, the team itself was often ❚ ❚ Athletic department involvement in sexual overlooked during an institution’s investigation. assault investigations. Our study found no In a quarter of the multiple perpetrator assaults athletic departments overseeing an institution’s by athletes, the institution never assessed whether

Figure 11 Expulsion vs. Disciplinary Probation By Method of Sexual Assault

Expulsion Disciplinary probation

43% 41% 41% 26% 22% 5% 13% 9% Failed consent Incapacitation Physical force Sexual coercion

13/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students. The Circumstance of Campus Sexual Assault

of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is ofdata can help Victims guide institutions in determining where Knew to place their eorts the Perpetrator 90to better protect %students. The Circumstance of Campus Sexual Assault

78of Sexual Assaults% Occurred of Sexual41 Assaults% Facts From Unitedon Educators’ Campus Report of Sexual Assaults Involved Confronting Campus Sexual Assault: OFF-CAMPUS PARTIES An Examination of Higher EducationInvolved Claims Alcohol 1 in 3 Victims Were Drunk, UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts Passed Out, or Asleep to better protect students. The Circumstance of Campus Sexual Assault

of Sexual Assaults Occurred 41of %Victims Knew the Perpetrator on Campus90%of Sexual Assaults Involved OFF-CAMPUS PARTIES Victim Characteristics78% of Sexual Assaults Involved Alcohol 1 in 3 Victims Were Drunk, Passed Out, or Asleep Facts From United Educators’ Report of Victims Knew the Perpetrator 90Confronting% Campus Sexual Assault: An Examination of Higher Education Claims Victim78% of CharacteristicsSexual Assaults UE’s comprehensive review of sexual assaultInvolved claims looked Alcohol at 305 claims reported between 2011 and1 2013 in by 3 higher Victims Were Drunk, education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and % Passed Out, or Asleep characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts 40 to better protect students. 94% Were % of Victims The Circumstance of Campus Sexual Assault 40 Victim Characteristics94% Were of Victims Delayed Reporting Delayed Reporting Average Delay: 11.3 Months Average Delay: 11.3 Months of Sexualof VictimsAssaults Occurred Were Female 4140% % 94% Were of Sexual Assaultsof InvolvedVictims of Victims Wereon Female Campus Delayed Reporting OFF-CAMPUSAverage Delay: PARTIES 11.3 Months of Victims Were Female the perpetrator’s conduct was part of a larger Over the three-year period, UE and its members spent team culture that created a hostile educational approximately $17 million defending and resolving environment.Perpetrator In one claim, for example, a Characteristicssexual assault claims. Defending the institution’s disciplinary committee found two athletes not investigation and adjudication process was costly. responsible for sexual assault, but the investigation Approximately $9.3 million (or 64 percent of the total Perpetratorrevealed that Characteristicsthe team frequently threw parties at losses) was spent on defense costs. Half of these costs which players would take turns having sex with were for defending institutions in OCR investigations. “drunk girls.” The institution’s investigation did not Litigation Brought by Victims examine whether the team’s conduct was a violation of the institution’s policy or other Victims brought the most litigation against 84provisions% of the student code of84 conduct. % %educational institutions and accounted for 68 percent % 20 of the litigated claims in this study. All20 of the OCR Litigation Arising From ofCampusof Perpetrators Victims complaints KnewWere filed againstthe educational Perpetrator institutions were 90Sexual Assaults% initiated by victims. Victim-drivenof Perpetrators litigation was also Were of Perpetrators Were Repeat O endersthe most costly for institutions. It accounted for 84 More than one-fourth (28 percent) of the sexual assaults of Perpetrators 7 percent (or $14.3 million) of the total losses. PerpetratorStudentsreported to UE resultedof in Perpetrators litigation. Characteristics As Figure 14 Were 99Repeat% Were Male O enders illustrates, there was an equal rate of OCR complaints Litigation does not appear to be driven by of Perpetrators and lawsuits filed against78 educationalStudents% of institutions. Sexual Assaultsadjudicatory findings, but it may be driven by the 99% Were Male severity of the sanctions issued. For example, in 7 The term “litigation” in this study refers to lawsuits, complaints filed 1 in 3 with OCR, and demand letters from Involvedclaimants that may never Alcohol result 48 percent of litigation brought by victims, the Recommendationsin a lawsuit or OCR complaint. for Institutionsinstitution found the perpetratorVictims responsible Were for Drunk, Passed Out, or Asleep Figure 12 AthleteRecommendations Perpetrators and Adjudicator Findings for Institutions

Victim Characteristics Not responsible 24% Institutions Responsible should63 take% a comprehensive % % approach to preventing and13 respondingWithdrew prior to % % 84 adjudication outcome40 94% to sexual assault, changingWere policies of Victims 20 as well as campus culture. Delayed Reporting Average Delay: 11.3 Months of Victims Were Female ofInstitutions Perpetrators Were 14/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Ensure student policies address high-risk behavior such as binge drinkingshould and take a comprehensive of Perpetrators Wereinappropriate conductapproach such as bullying to and preventing Repeat and responding O enders Perpetrator Characteristicshazing. to sexual assault, changing policies of Perpetrators as well as campus culture. StudentsO er general sex education to help students % Were Male navigate intimate relationships and understand 99 84how% to have healthy encounters.20% of Perpetrators WereEnsure student policies address high-risk of Perpetrators Were Repeat O enders behavior suchof Perpetrators as binge drinking and Students Direct prevention e orts to high-prole 99groups,% Were Male such as athletes and fraternities,inappropriate and promote conduct such as bullying and culture change within these groups.hazing. Recommendations for Institutions Train faculty, sta , and students on how to Recommendationsidentify, respond, and report sexual violence. for Institutions O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters. Institutions should take a comprehensive approach to preventing and responding to sexual assault, changing policiesDirect prevention e orts to high-prole groups,

NOTE: Our use of the term “victim” rather thanas “survivor”well as is notcampus intended to culture. diminishsuch the strength as of athletes those who came and forward fraternities, to and promote report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. culture change within these groups. Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing. Train faculty, sta , and students on how to identify, respond, and report sexual violence. O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters. Institutions

Direct prevention e orts to high-prole groups, such as athletes and fraternities,should and promote take a comprehensive culture change within these groups. approach to preventing and responding Train faculty, sta , and students on how to identify, respond, and report sexual violence. NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. toLikewise, sexual our use of the term “perpetrator” assault, is not intended as changingacceptance of the truth of the allegati policiesons against an individual. as well as campus culture.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. violating its sexual misconduct policy. However, †† Failed to conduct timely investigation. in only one-third of these cases where there was a Additionally, victims’ Title IX claims finding of responsibility was the perpetrator expelled. frequently alleged that the institution did not conduct a timely investigation. A review Victims’ Allegations of these claim files revealed that many of ❚❚ Title IX the allegations concerned students and staff misunderstanding reporting obligations and † † Discouraged pursuit of a complaint. Nearly confidentiality under the institution’s sexual three-quarters of the litigation initiated misconduct policy. Examples include: by victims alleged a Title IX violation ( Figure 15). Less than half (41 percent) • A student reported that she was sexually of these Title IX claims alleged that the assaulted to a counselor at the university’s institution discouraged the victim from counseling center. The student thought pursuing an internal complaint or reporting her disclosure would launch a Title IX the assault to the police. Examples include: investigation, but the counselor never disclosed the assault due to confidentiality. • Allegations that a staff member told the victim that the perpetrator had been • A student told her resident advisor (RA) “punished enough.” that she was sexually assaulted, but the RA never reported it to the college’s Title • A college dean telling a victim that he would IX coordinator. A friend of the victim try to get the perpetrator to withdraw from eventually reported the assault to the Title the institution so she would not have to deal IX coordinator and the institution began with the disciplinary process. its investigation.

• When trying to manage expectations about • A student athlete told her coach that she the investigation and disciplinary process, had been missing practice because she a staff member told a victim to expect a had been raped earlier in the semester. “grueling” process if she wished to pursue The coach notified the athletic director her complaint. who recommended that she direct the

Figure 13 Athlete Perpetrators and Sanctions

41%

24% 23%

6% 6% Expulsion Disciplinary Suspension Suspension greater Withdrew prior probation 1 year or less than 1 year to sanctions

15/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org student to the counseling center. Neither particularly compelling when the adjudicator’s contacted the Title IX coordinator or written decision signaled problems with campus police. understanding the dynamics of sexual assault or the institution’s sexual misconduct policy. †† Inadequate sanctions. Nearly a quarter of Examples include: victims’ Title IX claims alleged that the sanctions imposed were inadequate and †† A hearing panel had trouble understanding created a hostile environment for the victim and applying the preponderance of the on campus. Examples include: evidence standard to a sexual misconduct case. It ultimately found the student not • A perpetrator was permanently removed responsible, but noted in its decision that from campus housing after being found it was “more likely than not” that the responsible for sexual harassment and perpetrator failed to obtain the victim’s sexual assault. The victim challenged the consent. sanction alleging that it was inadequate and that the perpetrator had received †† An institution’s sexual misconduct policy special treatment due to his popularity. provided that students should not assume consent and that it was the responsibility • A student complained when her of the initiator of the sexual contact to perpetrator received only a one-semester confirm the other party’s consent. A suspension and 10 hours of community disciplinary committee found two students service after he was found responsible for not responsible for violating the sexual nonconsensual sexual intercourse. misconduct policy, but noted in its written ❚❚ Negligence. Nearly half (40 percent) of victims decision that the students “acted recklessly” alleged that the institution was negligent in in assuming the victim’s consent and ignored its investigation or negligent in training staff all of the “signals of apprehension, anxiety, to handle sexual assault reports ( Figure 15). and mixed messages.” Victims’ claims against the institution were

Figure 14 Litigation* Against Educational Institutions

OCR complaint 28% Perpetrator 17% lawsuit Demand letter

11% Victim lawsuit 44%

* The term “litigation” in this study refers to lawsuits, complaints led with OCR, and demand letters from claimants that may never result in a lawsuit or OCR complaint.

16/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org †† A hearing panel found a student not †† A student was found responsible for sexual responsible for violating the institution’s assault and suspended, but while he appealed sexual misconduct policy, but ordered him to the decision, his attorney negotiated a participate in consent training because they settlement to avoid litigation. The student was were troubled by his admission that he had able to choose whether to proceed to a new sex with other intoxicated students besides hearing or withdraw from the institution and the victim. receive a tuition refund.

❚❚ Breach of contract. Nearly one-third (32 percent) †† An institution considered an accused student’s of victims alleged the institution failed to follow appeal because his attorney threatened its own process and procedures when investigating litigation, although the student failed to meet and adjudicating sexual assault reports the appeal filing deadline and did not have ( Figure 15). In their breach of contract claims, sufficient grounds for the appeal under the victims most often challenged the sanctions institution’s grievance policy. imposed on the perpetrator. Specifically, a †† As a result of negotiating with the perpetrator, seemingly arbitrary appeal process and negotiating an institution agreed not to issue the with the perpetrator to avoid litigation formed recommended sanction until after the accused the basis of victims’ breach of contract claims. student withdrew, enabling him to transfer to Examples include: another college. †† After finding a student responsible for violating Litigation Brought by Perpetrators the institution’s sexual misconduct policy, the disciplinary committee recommended Nearly one-third (32 percent) of the litigation against expulsion. The student appealed and the institutions was initiated by students accused of sexual president reduced the sanction to one- assault. Sanctions often drove the litigation. More semester suspension. The president did not than half of the perpetrators who brought litigation articulate a reason for reducing the sanction or had been expelled from the institution. However, a communicate the change to the victim. little more than a third of the perpetrators were given

Figure 15 Victim Allegations

72% Title IX

40% Negligence

32% Breach of contract

28% Fraud

5% Intentional in iction of emotional distress

The complainant often makes multiple allegations against the institution.

17/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Facts From United Educators’ Report Confronting Campus Sexual Assault: An Examination of Higher Education Claims

UE’s comprehensive review of sexual assault claims looked at 305 claims reported between 2011 and 2013 by higher education institutions. is analysis revealed disturbing trends in the circumstances around campus sexual assault and characteristics of victims and perpetrators. is data can help guide institutions in determining where to place their eorts to better protect students. The Circumstance of Campus Sexual Assault of Sexual Assaults Occurred 41% on Campus of Sexual Assaults Involved OFF-CAMPUS PARTIES

90% of Victims Knew the Perpetrator

78% of Sexual Assaults Involved Alcohol 1 in 3 Victims Were Drunk, Passed Out, or Asleep

Victim Characteristics

†† The institution imposed harsh and disproportionate sanctions. †† The institution did not consider% the student’s good disciplinary40 and academic records when 94% Were imposing sanctions.of Victims †† To show a pattern of predatory behavior, the institutionDelayed considered Reporting allegations of prior misconductAverage that Delay: were either 11.3 unrelated Months to the pending matter or were unsubstantiated. of Victims Were Female †† The institution did not consider exculpatory evidence such as text messages from the victim light sanctions or no sanctions at all. Additionally, in which she did not refer to the incident as 72 percent of perpetrators who sued the institution sexual assault. also sued the victim for defamation or slander. These †† The institution did not allow the student to findings may suggest that, for some perpetrators, present evidence about the victim’s sexual litigation is a means to repair their reputation. history or reputation. Perpetrator CharacteristicsPerpetrators’ Allegations ❚ ❚ Title IX. In their Title IX claims, perpetrators focused on the institution’s sexual misconduct Figure 16 depicts the five most frequent allegations policy. Specifically, they argued that the policies and made by perpetrators against educational institutions. process were inherently discriminatory toward men ❚❚ Negligence and breach of contract claims rooted or that an unfair outcome was reached to stave off in the adjudicatory process. Student perpetrators adverse OCR findings. For example, a perpetrator were most often dissatisfied with the institution’s alleged that the university found male students % adjudicatory process and challenged its fairness. responsible for sexual assault based on their gender 84 % regardless of the evidence or lack thereof. Typical allegations20 included: of Perpetrators Were of Perpetrators Were FigureRepeat 16 O enders Perpetrator Allegations of Perpetrators Students 99% Were Male

79% Negligence

79% Breach of contract Recommendations for Institutions57% Title IX 57% Intentional in iction of emotional distress

50% Due process violations

The complainant often makes multiple allegations against the institution.

18/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org

Institutions should take a comprehensive approach to preventing and responding to sexual assault, changing policies as well as campus culture.

Ensure student policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing.

O er general sex education to help students navigate intimate relationships and understand how to have healthy encounters.

Direct prevention e orts to high-prole groups, such as athletes and fraternities, and promote culture change within these groups.

Train faculty, sta , and students on how to identify, respond, and report sexual violence.

NOTE: Our use of the term “victim” rather than “survivor” is not intended to diminish the strength of those who came forward to report a sexual assault. Likewise, our use of the term “perpetrator” is not intended as acceptance of the truth of the allegations against an individual. ❚❚ Requests for injunctive relief. More than a third (36 percent) of perpetrators sought a temporary restraining order (TRO) or preliminary injunction to stop the institution’s adjudication process or the imposition of sanctions. Courts granted approximately 20 percent of perpetrators’ requests. This tells us that some courts are willing to examine the fairness of an institution’s policy and EduRiskTM provides process. Examples include: education-specific risk management resources to †† A court denied a student’s request to be immediately readmitted to the colleges and schools and university, but ordered the institution to reconsider the length of the suspension is a benefit of membership imposed. The institution ultimately decided to shorten the suspension and with United Educators allow the student to return to campus prior to the victim’s graduation. (UE). As a member-owned company, UE is committed †† A student was at the end of his final semester before graduating when he was to helping educational found responsible for sexual assault and suspended. He filed a TRO, which institutions by offering the court granted. The student was allowed back on campus to finish his stable pricing, targeted insurance coverage, courses and graduated from the institution. extensive risk management †† Although the court denied a student’s TRO, it voiced several concerns about the resources, and exceptional institution’s internal process and noted that it seemed “arbitrary and capricious.” claims handling. To learn more, please Conclusion visit www.UE.org.

UE claims show that colleges and universities respond to some of the most difficult sexual assault cases. Although addressing student sexual assaults is a formidable task, the information from this study can help institutions understand this complex environment and develop an integrated and comprehensive plan for responding to and preventing sexual assaults on campus.

Acknowledgment

“Confronting Campus Sexual Assault” was prepared under the direction of Alyssa Keehan, JD, director of risk research at UE. Emily Caputo, JD, served as as the primary researcher, and Hillary Pettegrew, JD, and Melanie Bennett, JD, served as assisting researchers.

19/20 Confronting Campus Sexual Assault: An Examination of Higher Education Claims EduRiskSolutions.org Access More Resources Online

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