Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
November 5, 2014 University of Oregon
Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
Co-Chairs: Carol Stabile, School of Journalism and Communication and Department of Women’s and Gender Studies and Randy Sullivan, Chemistry
Members: Jane Brubaker, Trades/Maintenance Coordinator (Campus Operations) Renae DeSautel, Sexual Violence Response Coordinator (Dean of Students Office) David Espinoza, Director, Testing Center Sheryl Eyster, Associate Dean of Students (Dean of Students Office) Jennifer Freyd, Statutory Faculty Senator; Professor (Psychology) Ibrahim Gassama, Goodwin Senior Faculty Fellow; Professor (Law) Beatriz Gutierrez, ASUO President; Undergraduate (Ethnic Studies) Jocelyn Hollander, Professor and Department Head (Sociology) Robert Kyr, University Senate President; Philip H. Knight Professor (Music) – ex officio Andrew Lubash, Student Senator; Truman Scholar; Undergraduate (Political Science) Amanda Marshall, United States Attorney for the District of Oregon Bruce MacAllister, UO Ombudsperson – ex officio Sarah Ray Rondot, Graduate Teaching Fellow (Women's and Gender Studies); Graduate Student (English) Cheyney Ryan, Professor emeritus (Philosophy & Law); Senior Research Fellow, Oxford Helena Schlegel, Undergraduate (Spanish) Carly Smith, Graduate Teaching Fellow; Graduate Student (Psychology) Sandy Weintraub, Director of Student Conduct and Community Standards (Dean of Students Office)
Working Groups: Athletics: TBD Data collection: David Espinoza, Carly Smith Climate survey: Jennifer Freyd, Carly Smith Faculty-Student Relationship Policy: Ibrahim Gassama, Bruce MacAllister, Cheyney Ryan Fraternity and Sorority Life: TBD Grievance Procedures: John Bonine, Renae DeSautel, and Ibrahim Gassama (advised by Bruce MacAllister) Mandatory course: Randy Sullivan, Sarah Ray Rondot, Bonnie Mann Prevention efforts: Jocelyn Hollander, Sheryl Eyster, Kerry Frazee, Abigail Leeder, Jeff Todahl Required reporting policy review: John Bonine, Renae DeSautel, and Ibrahim Gassama (advised by Bruce MacAllister) Sexual harassment: Cheyney Ryan, Ibrahim Gassama (advised by Bruce MacAllister)
Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...... 1 SUMMARY OF RECOMMENDATIONS ...... 3 INTRODUCTION ...... 4 RECOMMENDATIONS ...... 6 1. CRITICAL POLICY CHANGES ...... 6 1.1. Create and provide space for an Office to Address Sexual and Gender-Based Violence: ...... 6 1.2. Establish a Senate Standing Committee on Sexual and Gender-Based Violence: ...... 9 1.3. Engage with and fund the UO Campus Climate Survey: ...... 10 1.4. Ask the President and the Board to instruct the Athletics Department’s senior leadership to cooperate with, and fully participate in, the Senate Intercollegiate Athletics Committee’s efforts to address sexual violence issues as they pertain to athletics: ...... 12 1.5. Suspend plans to expand Fraternity and Sorority Life (FSL) Recommendations until problems have been identified, studied and addressed:...... 13 2. PREVENTION AND EDUCATION ...... 17 2.1. Develop proposals for mandatory courses addressing gender, sexuality, and social inequality: ...... 17 2.2. Provide additional funds for ongoing prevention efforts: ...... 17 2.3. Title IX Education and Training: ...... 18 2.4. Publish and disseminate a booklet on sexual violence resources for faculty and staff: ...... 19 2.5. Coordinate programming and publicity aimed at sexual violence prevention: ...... 20 3. ADMINISTRATIVE CHANGES ...... 20 3.1. Review policy on required (mandatory) reporting, OAR 003 0025, Subsection 2A: ...... 20 3.2. Conduct an audit of AAEO, review sexual harassment policies and “Grievance Procedures,” OAR 571-003: ...... 21 3.3. Revise “University of Oregon Conflicts of Interest and Abuses of Power: Sexual or Romantic Relationships with Students” Policy: ...... 21 3.4. Provide the Ombuds office with confidentiality: ...... 22 3.5. Reconvene the Presidential Task Force on Alcohol and Other Drug Use: ...... 22 3.6. Memoranda of Understanding: ...... 23 APPENDIX A Initial Recommendations for Immediate Action APPENDIX B UO Senate Standing Committee on Sexual and Gender Violence
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
EXECUTIVE SUMMARY
According to the Centers for Disease Control and the White House, “One in five women is sexually assaulted in college,” most often by men they know.1 Preliminary results of a survey at the University of Oregon show similar numbers, but with even higher numbers of women subjected to unwanted sexual physical contact by the time they graduate.2 More than 10,000 undergraduate women are enrolled at the University of Oregon. Applying the percentages from campus surveys, 2,000 or more of our undergraduate women experience rape or attempted rape during their college careers. Nearly 4,000 experience some kind of unwanted sexual contact.3 If we divide these numbers conservatively by five years (because undergraduates on average take more than four years to graduate), 400 or more additional women suffer rape or attempted rape for the first time every year – an average of 12 or more additional women during every one of the 33 weeks that school is in normal session. Including all nonconsensual sexual contact, the average is more than 20 women harmed every week who had not previously been assaulted during their university education.
The figures on sexual harassment are even higher: 57% of female undergraduates and 37% of male undergraduates report experiencing one or more incidents of sexual harassment during their time here.4 Nearly half of UO’s undergraduate women will report some form of sexual violence during their years at UO.5
The problem of widespread campus sexual violence is not a new one, but national attention to the problem, inspired by campus activists, scholars, lawyers, politicians and the leadership provided by the White House has broken the silence and secrecy upon which sexual violence
1 Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault (Washington, D.C.: The White House, April 2014), 2, http://www.whitehouse.gov/sites/default/files/docs/report_0.pdf; Sexual Violence: Data Sources, Data Sheet (Atlanta, GA: Centers for Disease Control, 2014), http://www.cdc.gov/ViolencePrevention/pdf/SV- DataSheet-a.pdf, 2 Jennifer Freyd, The UO Sexual Violence and Institutional Behavior Campus Survey (Eugene, Oregon: University of Oregon, 2014), preliminary and updated results at http://dynamic.uoregon.edu/jjf/campus/. The total number of assaults is even higher, because a number of students experience more than one assault while at the University of Oregon. 3 Among females in their fourth year or beyond at the University of Oregon, 22% have been raped or subjected to attempted rape, while 38.5% have suffered all forms on nonconsensual sexual contact. Ibid. Applying these percentages applied to a population of 10,000 undergraduate women at the university, an estimated 2,200 and 3,850 women already are, or will be, in these categories. 4 Freyd, The UO Sexual Violence and Institutional Behavior Campus Survey, 2014. 5 Importantly, these figures do not include graduate students, faculty members and staff impacted by campus sexual violence. More research is required to assess the impact of sexual violence on all members of the UO community.
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
thrives.6 The University Senate Task Force to Address Sexual Violence and Survivor Support grew out of our sense that national awareness of sexual violence, and its devastating effects on our community, provide us with opportunities to consciously and deliberately decide what kind of community we want to live in and begin to move forward together to change the institutional cultures that allow campus sexual violence to thrive.
Unfortunately, sexual violence is part of the culture of many universities in the US. Preventing sexual violence will require changing the culture of the university at all levels, beginning with efforts by senior leadership. A new sense of “what it means to be a Duck” must be evident throughout the university, from the material sent to prospective students, to communications from academic departments, to advertising for sporting events. Our message must be clear and unified: being a member of the University of Oregon community means being committed to ending sexual violence.
We must not be reluctant to name sexual violence or to discuss its prevalence, even when doing so entails investigating and addressing problems within organizations that contribute to the social and cultural life of the university. We cannot ignore the fact that, despite the relatively small number of students directly involved in their activities, Athletics and Fraternity and Sorority Life (FSL) play disproportionately powerful roles in facilitating or tolerating conditions in which sexual violence occurs on campus. This observation is grounded in decades of research on campus sexual violence, review of the training materials made available to the President’s Review Panel by Athletics, the walls of secrecy that surround these cultures, their activities, and their problems, and the number of high-profile cases of sexual violence in athletics programs and Greek life nationwide that exhibit many of the same problems we are experiencing at UO.7
In order to change campus culture, support for prevention efforts should be allocated in a way that gives us the authority and resources to address the epidemic. The Task Force urges UO to use resources to become a leader in sexual violence prevention, understanding that to do so will require a strategic and transformative plan that incorporates all aspects of the university. These recommendations provide a blueprint for this plan. In January 2015, the newly formed Standing Committee on Sexual and Gender-Based Violence (see Recommendation 1.2) and its working groups will turn to the long term project of working with senior leadership to change UO’s culture and end sexual violence. In a spirit of renewed cooperation and determination, the Task Force offers the following recommendations. We look forward to discussing these recommendations at more length and working with the President and Provost to discuss implementation plans at a meeting before the November holiday.
6 See Mary Koss et al.’s 1987 “The Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a National Sample of Higher Education Students,” www.soci270.carvajal.ca/documents/KossTheScopeofRape.pdf. Krebs et al. (2007) supports these figures, as does data collected at UO (Freyd, Smith, and Rosenthal, 2014). 7 See pp. 11-15 of this report for more information on Greek life, athletics, and current high-profiles cases.
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SUMMARY OF RECOMMENDATIONS RECOMMENDATION RESPONSIBILITY AMOUNT DEADLINE Part 1- Critical Policy Changes 1.1 Create and provide space for an Office to Address Sexual and Gender -Based Violence President’s Office TBD Feb. 15, 2015 1.2 Establish Senate Standing Committee on Sexual and Gender-Based Violence Senate $77,000 Dec. 1, 2014 1.3 Engage with and fund the UO Campus Climate Survey President’s Office $75,000 Nov 19, 2014 1.4 Ask the President and the Board to instruct the Athletics Department’s senior leadership to cooperate with, and fully participate in, efforts to address sexual violence issues as they pertain President’s Office N/A Dec. 1, 2014 to athletics 1.5.1 Suspend plans to expand FSL President’s Office N/A Nov. 19, 2014 1.5.2 Assign research and analysis of FSL to the Senate Standing Committee’s FSL Working Group President’s Office N/A Jan. 5, 2015 1.5.3 Form FSL Sexual Assault Task Force Sexual Violence Prevention N/A Jan. 5, 2015 and Education Part 2- Prevention and Education 2.1 Develop proposals for mandatory courses addressing gender, sexuality, and social inequality Senate TBD Jan. 14, 2015 2.2.1 Provide additional staff for the Sexual Awareness Advocacy Team (SWAT) Student Life $90,000 Feb. 1, 2015 2.2.2 Expand Empowerment Based Women’s Self-defense Training Sociology $75,000 Feb. 1, 2015 2.3.1 Hire a Title IX Coordinators and 3 Deputy Coordinators President’s Office $205,000 Feb 1, 2015 2.3.2 Immediately implement Title IX training and education for fraternity and sorority life, Title IX Coordinator TBD April 1, 2015 athletics, band, debate, and club sports 2.3.3 Require Effective Title IX training for all other UO employees Title IX Coordinator N/A April 1, 2015 2.4 Publish and disseminate a booklet on sexual violence resources for faculty and staff Office of Equity and TBD April 1, 2015 Inclusion 2.5 Coordinate programming and publicity aimed at sexual violence prevention Director - Sexual Violence N/A Nov. 19, 2014 Prevention and Education Part 3 – Administrative Changes 3.1 Review policy on required (mandatory) reporting, OAR 003 0025, Subsection 2A Senate N/A Feb. 25, 2015 3.2 Conduct an audit of AAEO, review sexual harassment policies and “Grievance Procedures,” Pres. Office / Grievance N/A Feb. 11, 2015 OAR 571-003 Procedures Working Group 3.3 Revise “University of Oregon Conflicts of Interest and Abuses of Power: Sexual or Romantic Senate N/A Jan. 28, 2015 Relationships with Students” Policy 3.4 Provide the Ombuds office with confidentiality President N/A Nov. 19, 2014 3.5 Reconvene the Presidential Task Force on Alcohol and Other Drug Use President’s Office N/A Jan. 5, 2015 3.6.1 Execute Memorandum of Understanding with SASS Student Life w/ WGS TBD Jan. 5, 2015 3.6.2 Execute a Memorandum of Understanding with Womenspace Student Life w/ WGS TBD Jan. 5, 2015 3.6.3 Execute a Memorandum of Understanding with the Eugene Police Department President’s Office N/A Jan. 5, 2015
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
INTRODUCTION
When the University Senate formed the Senate Task Force to Address Sexual Violence and Survivor Support in May 2014, its central charge was “to study the strengths and limitations of the university’s response to recent incidents of sexual violence, and based on those assessments, to initiate sustained, proactive changes aimed at ending sexual violence and supporting survivors of sexual violence.”8 Sexual assault and sexual harassment are serious public health and public safety problems. Current rates of sexual violence directly jeopardize our commitment to undergraduate and graduate education. The cost to survivors of sexual violence is catastrophic: four out of five rape victims suffer from chronic physical or psychological conditions and survivors of rape are 13 times more likely to attempt suicide. Universities around the country have not even begun to assess the toll this takes on women’s ability to complete their degrees.
Given the scope of the problem of sexual violence nationally and at UO, the Task Force used “Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault” to guide its work.9 The Task Force met during the summer to learn about the expansion of resources for survivors in Student Life and the important new work our colleagues in Sexual Violence Response and Support Services have been doing to support survivors and enhance access to resources. Following from those conversations, and in keeping with White House guidelines about the importance of communicating policies, the Task Force worked with Academic Affairs to ensure that sexual violence trainings were incorporated into new faculty orientation in September 2014 and with Provost Frances Bronet to incorporate information about sexual violence into senior leadership retreats. Ombudsperson and Task Force Ex Officio member Bruce MacAllister gave presentations at these and other events. The Task Force additionally requested to have a liaison to the President’s Review Panel as a way to coordinate efforts. This request was declined, but co-chairs Stabile and Sullivan met on four separate occasions with the President’s Review Panel to discuss the Task Force’s ongoing work. The Task Force also made a series of initial recommendations to President Scott Coltrane on September 8, 2014.10
Given the time constraints within which the Task Force has operated, we have tried to be as inclusive of our publics and as open as possible, in order to model the public discourse that is vital to the fight against sexual violence. All information generated by and on behalf of the Senate Task Force has been made available to the President’s Review Panel and the broader
8 Task Force to Address Sexual Violence and Survivor Support, Legislation (Eugene, Oregon: University of Oregon, May 14, 2014), http://senate.uoregon.edu/content/task-force-address-sexual-violence-and- survivor-support. 9 Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault. 10 Kyr, Robert, “Initial Recommendations for Immediate Action,” September 8, 2014, http://senate.uoregon.edu/content/task-force-address-sexual-violence-and-survivor-support-0. See Appendix A for a list of these recommendations and their status.
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
public via the Senate website.11 All meetings of the Task Force have been open to the public and held in accordance with University of Oregon Senate policy.12 The Task Force includes staff, faculty members, students, and community members and has met with a wide range of stakeholders over the course of the summer and fall.
The Task Force reviewed reports compiled by students, staff, and faculty members that contain excellent recommendations for addressing sexual violence, as well as much evidence of our community’s commitment to preventing it.13 Not all of these recommendations have been implemented or implemented in a timely and well-publicized manner, however, which has resulted in morale problems among students, staff, and faculty and a resultant lack of faith in the institution’s commitment to ending sexual violence. As we move forward, senior leadership must discuss recommendations with broad groups of stakeholders and create and carry out concrete plans for timely implementation (budgeting of resources and dedicated personnel, as well as time lines for the roll-out of new policies and practices). As members of the Task Force have learned over the past four months, public discussions about sexual violence are in and of themselves tools for transformation.
In the past, the administrative response to incidents and complainants has been reactive rather than proactive, putting administrators in the position of having to defend existing policies and procedures rather than working with constituents to address climate issues and effect positive change. The refusal to honor public records requests; the secrecy that surrounds sexual violence on our campus; the prioritizing of the Family Educational Rights and Privacy Act (FERPA) over Title IX;14 and the reluctance to engage faculty, staff, and students around related issues have had devastating and divisive consequences for our community. We have a new opportunity to
11 See the University Senate website for access to all Task Force materials, including initial recommendations, goals, agendas, and minutes: http://senate.uoregon.edu/content/task-force-address- sexual-violence-and-survivor-support-0. 12 The University Senate’s motion adopted to open up committee meetings can be found at: http://senate.uoregon.edu/content/open-committee-meetings. 13 See the Groves Report, 2013, president.uoregon.edu/sites/president2.wc- sites.uoregon.edu/files/field/image/The%20Groves%20Report.pdf; president.uoregon.edu/sites/president2.wc- sites.uoregon.edu/files/field/image/Presidential%20Task%20Force%20on%20Alcohol%20and%20Othe% 20Drug%20Use.pdf; “Final Report and Recommendations of the University of Oregon Presidential Task Force on Alcohol and Other Drug Use,” president.uoregon.edu/sites/president2.wc- sites.uoregon.edu/files/field/image/Presidential%20Task%20Force%20on%20Alcohol%20and%20Othe% 20Drug%20Use.pdf; “Sexual Violence Prevention Task Force Report,” 2013, senate.uoregon.edu/sites/senate.uoregon.edu/files/SVPTFReport.pdf. 14 According to the Department of Education, “if there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex-based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions.” See “Intersection of Title IX and the Clery Act” (2014) at http://www.notalone.gov/assets/ferpa-clerychart.pdf.
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
come together to do the hard but necessary work of creating effective, collaborative, and sustained efforts to address sexual violence. We have an opportunity not only to educate our students, but also to educate our co-workers and ourselves. Senior leadership must set the tone for these new efforts and model the forms of accountability and transparency we need to move forward.
Below, the Task Force provides a full report of our recommendations, describing the research consulted, as well as the reasoning behind each recommendation. The Task Force recognizes that moving forward together is going to require frank and often difficult conversations. We intend this report to be a catalyst for initiating those conversations.
Recommendations
1. Critical Policy Changes
1.1. Create and provide space for an Office to Address Sexual and Gender-Based Violence: Faculty and students have long complained that procedures and resources related to sexual violence are difficult to locate and confusing. Resources for sexual assault have improved over the past year, but the process for reporting remains complicated and thus difficult to convey in a clear manner to those who most need to engage with it. The complicated Office of Affirmative Action and Equal Employment Opportunity’s flowchart is a good indication of a problem that results from decentralized and minimal resources.15
The additive approach to addressing sexual and gender-based violence (e.g. adding it to existing offices’ already full portfolios) has not served us well. We need to demonstrate our commitment to addressing sexual and gender-based violence by making the coordination of sexual violence prevention and response someone’s primary job and by providing the coordination and resources that will allow our efforts to continue over the years that it will take to adequately address these problems. Creating a centralized office will provide resources not just for students, but also for staff and faculty who have experienced sexual violence.16 A centralized office will help mitigate the isolation survivors often experience, providing resources like support groups as well as access to the important new resources available within Student Life. With a centralized office,
15 Compare UO’s flowchart (aaeo.uoregon.edu/sites/aaeo.uoregon.edu/files/Sexual%20Assault%20Protocols%20Flowchart%20Febru ary%202013.pdf) to the Office of Equity and Compliance’s process at Portland State University for a sense of how complicated the process is at UO: http://www.pdx.edu/diversity- japanese/sites/www.pdx.edu.diversity-japanese/files/OEC%20Investigative%20Flow%20Chart.pdf. 16 A. Hope Jahren, “Science’s Sexual Assault Problem - NYTimes.com,” accessed October 18, 2014, http://www.nytimes.com/2014/09/20/opinion/science-has-a-sexual-assault-problem.html?nytmobile=0.
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Twenty Students Per Week: The Report of the University Senate Task Force to Address Sexual Violence and Survivor Support
survivors and complainants will not have to make the physically and psychologically difficult trek from one office to another to access resources.
In keeping with our recognition of the scope of the problem of sexual violence, then, our most emphatic recommendation is to centralize resources in a single location and establish an office devoted to efforts to combat campus sexual violence. This office should be headed by a Vice President and should work closely with the Office of Equity and Inclusion. Having a leader to orchestrate efforts to end sexual violence – a leader who is part of the senior leadership team on this campus – is absolutely essential to our efforts.
A centralized office could consolidate as needed existing resources, including, but not limited to: