1. Policy, Title IX & the Justice System: Survivor-Centered Civil Rights Approaches to Campus Gender-Based Violence Nancy Chi Cantalupo Jen Luettel Schweer PAVE Summit September 27, 2013

2. Campus GBV & Victim Non-Reporting 20-25% of women; 90-95% do not report Most often stated reason for not reporting: fear of hostile treatment or disbelief by legal/medical authorities (25% of victims) The survivor’s veto of the CJS: “The individual victim of crime can maintain complete control over the process only by avoiding the criminal process altogether through non-reporting…”– Doug Beloof

3. The Survivor’s Veto of the CJS: Reasons to Exercise Veto Cost-benefit analysis of participating in system Inability of system to solve many crimes Victim's lack of participation, control, and influence in the system

4. Title IX’s Civil Rights Approach Sexual violence = a severe form of sexual harassment = sex discrimination Enforcement Methods: – Dept of Ed Office for Civil Rights proactive guidance & investigations – Private suits for monetary damages: By victims against schools (Gebser & Davis) For retaliation by school against Plaintiff for asserting Title IX rights/compliance (Jackson)

5. Clery Act Basics Requires schools to report campus crime statistics Provisions to improve institutional responses: – Campus Sexual Assault Victims BoR – Campus SaVE (2013) Enforcement: – No private right of action – ED (not OCR) may fine for flagrant or intentional violations

6. “Criminalized” Prosecutorial Model Victim is a “complaining witness” and not a party to the case Prosecutor represents school (state in the CJS) victim has no independent advocate, no control over case presentation, no confidentiality privilege, unequal access to evidence Rule of witness sequestration

7. Results of Criminalized/ Non-Survivor-Centered Model Surviving Students – Title IX U of Colorado, Boulder: 7 figure settlement; Pres + 12 officials fired – Clery Act + State law claims EMU case: $350,000 fine + 7-figure settlement; Pres fired Accused Students – Due process = notice, hearing, follow own procedures – Only one case where perpetrator awarded minimal monetary damages amounting to a tuition refund

8. “Decriminalized” Response: The Victims’ Services Office Victim Services Health Center Counseling Office Student Conduct Campus Police Academic Dean

9. Survivor Services on Campus- A Program Snapshot Georgetown Health Education Services Provide free confidential, direct services to survivors Advocate for survivors, provide options, and crisis intervention Also involved in education, outreach, programming, and training

10. An example of advocacy beyond the one-on-one relationship In addition to direct services, office receives reports from campus police, consults with professional staff and participates in campus meetings about gender violence Because there are various ways in which information can be obtained, allows us to raise concerns about red flags in a way that never compromises confidentiality or survivor safety

11. Survivor Services Create- VAWA funding, look at current positions that are a natural fit and can be expanded. Partner- community agencies are critical partners… include them in the conversation! Build-take at look at what already exists. Are there ways to increase visibility, reach new populations?

12. Thank You! Nancy Chi Cantalupo Research Fellow, Victim Rights Law Ctr ncantalupo @victimrights.org Scholarship available at: http://ssrn.com/author= http://ssrn.com/author= 884485 Jen Luettel Schweer, MA., LPC Sexual Assault & Relationship Violence Services Coordinator Georgetown University Jls242 @georgetown.edu