Talking Stick - January/February 2015 - 49

that guides the work of federally funded colleges
and universities in the U.S. as they provide
education about, prevent, and remedy issues related
to sexual violence - and, more broadly, according to
the National Center for Education Statistics, issues
related to "discrimination based on sex in education
programs that receive federal financial assistance."
Jim Bradshaw, a spokesperson for the United
States Department of Education, stresses that
intervention from the federal government was
not meant to be, nor should it have been, the
catalyst for institutional compliance with sexual
violence response measures related to Title IX,
but that "schools have always had an obligation
under Title IX to respond to sexual violence on
campus because sexual violence is a form of sexual
harassment. To the extent that schools haven't been
addressing sexual violence under Title IX, that's
been a failure to comply with well established law."
In 2011, the United States Department
of Education published a "Dear Colleague
Letter," which, according to Bradshaw, was
initiated because during the department's work
"investigating complaints, conducting compliance
reviews, and responding to technical-assistance
requests from schools, it became clear that schools
could use assistance in figuring out how to apply
the Title IX requirements to sexual violence
complaints. We recognize that these issues are
complex and that schools may be unsure of what
their Title IX obligations are when responding to
sexual assaults." According to the U.S. Department
of Education, Office for Civil Rights, the published
letter elaborates the needed clarification "to
explain that the requirements of Title IX cover
sexual violence and to remind schools of their
responsibilities to take immediate and effective
steps to respond to sexual violence in accordance
with the requirements of Title IX. In the context
of the letter, sexual violence means physical sexual
acts perpetrated against a person's will or where a
person is incapable of giving consent. A number
of acts fall into the category of sexual violence,
including rape, sexual assault, sexual battery, and
sexual coercion."

it directs institutions to provide students or
employees who report sexual violence incidents
with their written rights. These include their rights
to "be assisted by campus authorities if reporting
a crime to law enforcement; change academic,
living, transportation, or working situations to
avoid a hostile environment; obtain or enforce a
no contact directive or restraining order; have a
clear description of their institution's disciplinary
process and know the range of possible sanctions;
[and] receive contact information about existing
counseling, health, mental health, victim advocacy,
legal assistance, and other services available both
on campus and in the community."
In spite of the challenges involved, student
affairs and campus housing professionals are well
positioned to assist students and provide the best
possible outcomes for survivors who report incidents
of sexual assault or violence. The Office for Civil
Rights "has yet to speak to a single school official
who is happy when incidents of sexual violence
occur on his or her campus. Every one of them is
struggling to ensure that all students feel safe and
that, if such a tragedy occurs, the school meets
the needs of the survivor and the entire school
community," explains Bradshaw.

W

In 2012, the Campus Sexual Violence
Elimination (SaVE) Act - touted as a complement
to Title IX and the guidance provided in the Dear
Colleague Letter - was ratified. According to the
Clery Center, SaVE focuses on practical steps that
colleges and universities must take to ensure that
"incidents of domestic violence, dating violence,
sexual assault, and stalking [are] disclosed in
annual campus crime statistic reports." In addition,

hile Title IX and other legislation addresses
much of what happens in the wake of a sexual
assault, work is also being done to prevent it from
occurring in the first place. One aspect of this is
effective training programs for staff members,
including student staff. Bradshaw agrees that
"these individuals [must be] knowledgeable about
the school's policies and procedures related
to sexual violence and [they should] know the
procedures for reporting such incidents to the
appropriate school officials. Additionally, these
individuals must also be knowledgeable about
available resources, both on and off campus, for
students who are victims of sexual violence."
The document specifically references resident
advisors as a key group of employees to receive
ongoing comprehensive training but emphasizes
that all employees must be trained in a specific set
of competencies related to these issues. According
to the Department of Education's Questions and
Answers on Title IX and Sexual Violence, these
include "practical information about how to prevent
and identify sexual violence, including same-sex
sexual violence; the behaviors that may lead to and
result in sexual violence; the attitudes of bystanders
JANUARY + FEBRUARY 2015

49
Talking Stick - January/February 2015

Table of Contents for the Digital Edition of Talking Stick - January/February 2015
