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Campus Sexual Assault: How America's Institutions of Higher Education

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Campus Sexual Assault: How America's Institutions of Higher Education CAMPUS SEXUAL ASSAULT: HOW AMERICA’S INSTITUTIONS OF HIGHER EDUCATION RESPOND Heather M. Karjane Education Development Center, Inc. Newton, Massachusetts [email protected] Bonnie S. Fisher University of Cincinnati Cincinnati, Ohio [email protected] Francis T. Cullen University of Cincinnati Cincinnati, Ohio Any part of this publication may be copied, reproduced, distributed, or adapted without permission from the author or publisher, provided that the recipient of the materials does not copy, reproduce, distribute, or adapt material for commercial gain and provided that the authors and EDC are credited as the source on all copies, reproductions, distributions, and adaptations of the material. Citation: Karjane, H.K., Fisher, B.S., & Cullen, F.T. (2002). Campus Sexual Assault: How America’s Institutions of Higher Education Respond. Final Report, NIJ Grant # 1999-WA-VX-0008. Newton, MA: Education Development Center, Inc. This project was supported by Grant No. 1999-WA-VX-0008 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. ACKNOWLEDGMENTS This report is the culmination of an enormous undertaking involving many individuals whose contributions deserve recognition. At the University of Cincinnati, Professors Bonnie Fisher and Francis Cullen directed the large- scale effort to collect written policy materials and to analyze the policy and survey data. In addition to the general support of the Division of Criminal Justice, they were ably assisted by Kristie Blevins, Leah Daigle, Sharon Levrant, Shannon Santana, and Travis Pratt. At the HHD Center for Violence & Injury Prevention at Education Development Center, Inc., Heather Karjane directed collection of the survey data, and collection and analysis of field research, focus group, and legal data. Much thanks goes to Julie Ross, Sara Diorio, Jennifer Koenig, Stephanie Malloy, Heather Preslar, Clif Watts, and intern Sandhya Krishnan for their voluminous research assistance. Special thanks goes to Christine Tessier for her legal expertise, to Edward De Vos for his technical assistance, and to Debra Whitcomb, the project’s original director. We are grateful to our partners Drew Diamond, Clifford Karchmer, and Corina Sole Brito at the Police Executive Research Forum, for applying their expertise toward the development of the survey of campus administrators, the recruitment and facilitation of the campus security focus group, and conducting field research site visits. We would also like to acknowledge the ongoing support and encouragement of Anna Jordan, program officer with the National Institute of Justice. Finally, all authors played significant roles in the project and the Final Report. In particular, Heather Karjane and Bonnie Fisher made equal contributions overall, shaping in unique ways the project’s design, various data collection efforts, analysis of the data, and presentation and interpretation of findings. Heather M. Karjane HHD Center for Violence & Injury Prevention Education Development Center, Inc. Newton, Massachusetts Bonnie S. Fisher Division of Criminal Justice University of Cincinnati Cincinnati, Ohio Francis T. Cullen Division of Criminal Justice University of Cincinnati Cincinnati, Ohio CAMPUS SEXUAL ASSAULT: HOW AMERICA’S INSTITUTIONS OF HIGHER EDUCATION RESPOND Table of Contents Executive Summary...................................................................................................................vi Introduction: A National Baseline Investigation of Campus Sexual Assault Policies........1 Chapter 1: What We Know About Campus Sexual Assault................................................4 1.1 Scope and Magnitude of the Problem ..................................................................... 4 1.2 Student Right-to-Know and Campus Security Act (Clery Act) ............................... 6 1.3 Reporting of Offenses and Institutional Response .................................................. 9 1.4 Purpose of the Study ............................................................................................... 12 Chapter 2: Research Design and Methodology.....................................................................14 2.1 Research Issues and Design..................................................................................... 14 2.2 Sample Construction................................................................................................ 15 2.3 Data Collection ........................................................................................................ 18 2.3.1 Content Analysis of Published Materials.................................................... 19 2.3.2 Survey of Campus Administrators.............................................................. 21 2.3.3 Electronic Focus Groups............................................................................. 23 2.3.4 Field Research ............................................................................................ 24 2.3.5 Legal Research: Statutory and Case Law Review ..................................... 29 2.4 Data Analysis........................................................................................................... 29 2.4.1 Statistical Analysis...................................................................................... 29 2.4.2 Qualitative Analysis.................................................................................... 29 2.5 Schools Represented in the Final Report................................................................. 30 Chapter 3: How the Nation’s Postsecondary Institutions Define and Respond to Campus Sexual Assault....................................................................32 3.1 Issue I: Existence and Content of Sexual Assault Definitions: Federal, State, and Institution .................................................................................. 32 3.1.1 Clery Act Reporting Requirements and Definitions of Sex Crimes ........... 32 3.1.2 State Campus Security and Crime Reporting Legislation .......................... 38 3.1.3 Institutional Definitions.............................................................................. 44 3.1.4 Sources of Sexual Assault Policy ............................................................... 48 Campus Sexual Assault: How America’s Institutions of Higher Education Respond ii 3.1.5 Personnel Required to Submit Reports of Sexual Assault Disclosures ...... 53 3.1.6 Reports Involving Suspected or Confirmed Use of “Date Rape” Drugs .... 53 3.2 Issue II: Existence and Publication of Institutional Policies on Campus Sexual Assault ........................................................................................... 54 3.2.1 Policy Goals, Terms, and Coverage............................................................ 57 3.2.2 Sexual Assault Contact Procedures ............................................................ 60 Chapter 4: Sexual Victimization and Reporting Policies.....................................................62 4.1 Issue III: Training of Individuals Who Receive and Respond to Reports .............. 62 4.1.1 Sexual Assault Response Training of Students .......................................... 63 4.1.2 Sexual Assault Response Training of Law Enforcement and Security Officers......................................................................................... 67 4.1.3 Sexual Assault Response Training of Faculty and Staff............................. 68 4.2 Issue IV: Reporting and Response Procedure Options........................................... 68 4.2.1 Reporting Options....................................................................................... 68 4.2.2 Procedures for Responding to Reports ....................................................... 69 4.3 Issue VI: Barriers to Sexual Assault Reporting ...................................................... 77 4.3.1 Barriers Identified Through Survey............................................................ 77 4.3.2 Barriers Identified Through Field Research ............................................... 82 4.4 Issue VII: Policies and Practices that Facilitate Reporting ..................................... 86 4.4.1 Facilitators Identified Through Survey....................................................... 86 4.4.2 Facilitators Identified Through Field Research .......................................... 92 Chapter 5: Prevention Efforts and Resources Available to Campus Sexual Assault Victims..........................................................................95 5.1 Introduction ............................................................................................................. 95 5.2 Issue V: On-Campus Resources for Student Victims of Sexual Assault ............... 95 5.2.1 Prevention Efforts....................................................................................... 95 5.2.2 Student Notification of Resources .............................................................. 100 5.2.3 Resources for Student Victims ................................................................... 100 5.2.4 Resources for Special Populations of Students........................................... 103 Chapter 6: Policies and Procedures for the Investigation, Adjudication, and Sanctioning of Sexual Assault on Campus..................................................105
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