Rapists seem to think Title IX protects their “right” not to be accused of sexual assault

Title IX graphicOh, this is just perfect.

In recent years, we’ve seen activists and rape survivors across the country push their colleges to more effectively address campus sexual assault. From Dartmouth to Amherst to Yale, they’ve spoken out about how their schools’ administrations have failed them. And they’ve filed lawsuits to hold them accountable. The Know Your Title IX campaign, which our own Alexandra helped launch, is working to ensure that all students know that colleges in fact have a legal obligation under Title IX, which prevents gender discrimination in education, to create a safe learning environment for all their students–and is calling on the federal government to enforce the landmark law.

Now this activism seems to have inspired some unlikely copycats. Apparently, rapists are convinced that Title IX can also be used to protect them and their right to…not be accused of sexual assault? Not go through a campus sexual assault investigation? Not be disciplined by their college? I wasn’t actually aware of rights to any of that, but that seems to be the idea. Bloomberg reports:

Now, college men accused of sexual assault are protesting the same system. Taking a page from the women’s complaints, men are citing violations under Title IX, the anti-gender discrimination law that women have used to demand equality in sports programming and education for 40 years.

Men are claiming the investigations are biased in favor of their accusers, who are most often women. Campus sexual-assault investigations represent a parallel criminal-justice system run by school officials without legal training in which evidence and the burden of proof are scant and punishments harsh, said Robert Shibley, senior vice president of the Foundation for Individual Rights in Education.

The sanctions, which can include expulsion from college are “massively life-changing,” Shibley said. The process “makes someone guilty of what in most states is considered a felony.”

Young men in college face a growing risk of being accused, said Nicole Colby Longton, an attorney who sued Holy Cross on behalf of a student accused of sexually assaulting a woman on campus.

“One sexual encounter that involves alcohol, and the next thing you know you’re accused and expelled and branded for life,” Colby said in a phone interview. “Schools are going to push kids to have signed waivers before they have intercourse.”

First off, I have nothing but eye-rolls for rapists’ complaints over how “massively life-changing” it is to be expelled–especially since actually getting kicked out of school for committing sexual assault is super rare.

It likely only happens is very clear-cut and serious cases of rape. Which, yes, is indeed considered a felony. But ”the process” isn’t what makes someone guilty or not guilty of a felony. If you sexually assault someone, you–you and no one else–have made yourself guilty of a crime–whether it is ultimately punished by the criminal justice system or a campus sexual misconduct board, or not at all. And the indisputable fact is that the odds are good that it will not be punished at all. I mean, for God’s sake, it’s a little bit hard to take accused rapists’ complaints of “discrimination” seriously at all when you’ve got schools meting out oh-so-horrific punishments like five-page book reports to people who are actually found guilty of rape.

The crux of these complaints, though, is that college sexual assault investigations, since they are not criminal cases, do not give the accused legal representation and have a lower burden of proof. To be convicted in a courtroom, the charges must be proven “beyond a reasonable doubt.” But campus investigations go with the “preponderance of evidence,” which is the standard used in civil cases. (Which makes all sorts of sense since Title IX is a civil law.) Of course, the flipside is that the penalties in campus investigations are also not criminal ones. If a school’s sexual misconduct board finds you guilty of an assault, at worst, you may be expelled–and supposedly “branded for life,” which I’d say is highly arguable–but you’re not looking at jail time.

Which I think is a good thing–for everyone. As Alexandra has written before, for folks like us who are looking for alternatives to the criminal justice system, campus investigations offer at least the potential for a more holistic, transformative justice. “The two goals of the process are education and protecting the community, as opposed to the punitive nature of the criminal justice system,” Daniel Carter, director of the 32 National Campus Safety Initiative, told Bloomberg.” And though most are clearly falling down on the job, colleges actually could be well-poised to protect the community–which, yes, I believe does require respecting the rights of both the accused and the victim. “Who else,” Alexandra wrote, “has the authority simultaneously to protect survivors and, informed by the faith in humanity’s ability to better itself inherent to the academy’s mission, to compel perpetrators to change?”

Instead, those accused of sexual violence seem to want campus investigations to be more like “mini versions” of the mainstream criminal system. Considering how often that system also fails rape victims, that’s probably not surprising.

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Maya DusenberyMaya Dusenbery is an Executive Director of Feministing.

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3 Comments

  1. Posted December 17, 2013 at 6:31 pm | Permalink

    I hate to be the one to say this given, say, instances like Steubenville and the way the media treated the case. I’m not aware of the specifics of the case that led to the complaint, but your reaction – rolling your eyes at the fear of false accusation and its social consequences – is, in my opinion, one of the reasons why sexual assault investigations are often considered a teamsport exercise with teams assigned according to genders. That needs to stop. I don’t want to automatically identify with assumed perpetrators whenever I read such a story, but I normally do, and it’s mostly because I think of the potential consequences of a false accusation. I also don’t think the assumed victims are usually treated fairly. But if we want assumed victims to be treated fairly we need to treat assumed suspects fairly, and, at the very least, need to stop mocking mens’ fear of false accusation. I do find it odd that feminists, who are so aware of things like slut shaming, in this case often can’t seem to fathom why guys would be afraid of the mere accusation, right or wrong. Just like I acknowledge the prevalence of victim blaming in rape cases, I’d like, for once, to hear that fear of false accusation at least recognized.

    • Posted December 21, 2013 at 2:20 pm | Permalink

      OK look, how about this. I acknowledge your fear about false accusations. I imagine that fear has something to do with anxiety about ostracism and isolation from a society, right? These are scary things, but if they represent the root fear, it seems to me that association between that fear and the consequences of false accusations is an unskilled one. By unskilled, I mean that focusing on false accusations doesn’t really help anyone, and in many respects makes a climate of mistrust worse.

      You say that you normally identify with assumed perpetrators in reading these sorts of articles. I think that’s an important thought to be aware of, but I think you could productively take that awareness one step further. In the notion that false accusations are a consequence of serious efforts to address sexual assault on campus, I see an assumption that the testimony of someone who is more likely to be a survivor of sexual assault is somehow less trustworthy than an assumed perpetrator. I think that this assumption would really entrench the dynamic you identify where “sexual assault investigations are often considered a teamsport exercise with teams assigned according to genders.” In that case, wouldn’t it be productive to step back and examine the underlying association between this anxiety about false accusations and whatever fear you need acknowledged?

      We have to be real that a sexual assault, especially one that is not acknowledged by authority, leads to severe consequences for the survivor, which include the ostracism and isolation you seem to fear. To me, that suggests that you would have all the more reason to support a deliberate and community-focused way to address the very real problem of sexual assault on campus, but your post reads more as someone who is running from the fear of social isolation. To me, the irony of your response is that the author makes a huge effort to address those underlying fears of ostracism and isolation in the last three paragraphs of the post. The author’s words in that last section seems to me to reflect a desire to move more towards a climate of trust in addressing this problem together, and I hope you recognize that.

  2. Posted December 18, 2013 at 12:56 pm | Permalink

    Great post!

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