Sexual assault on campus is a serious problem. But efforts to protect women from a putative epidemic of violence have led to misguided policies that infringe on the civil rights of men.
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We are told that one of the most dangerous places for a young woman in America today is a college campus. As President Obama said at a White House event in September, where he announced a campaign to address campus violence, “An estimated one in five women has been sexually assaulted during her college years—one in five.” (At an earlier White House event on the issue, the president declared of sexual violence, “It threatens our families, it threatens our communities; ultimately, it threatens the entire country.”) In recent weeks, Rolling Stone’s lurid account of a premeditated gang rape at the University of Virginia has made the issue of campus sexual violence front-page news. (The reporting and the allegations in the article have since been called into question, and Rolling Stone has issued a statement acknowledging that the magazine failed to properly investigate and corroborate the story.)
Sexual assault at colleges and universities is indeed a serious problem. The attention it’s receiving today—on campus, at the White House, in the media—is a direct result of the often callous and dismissive treatment of victims. For too long, women who were assaulted on campus and came forward were doubted or dismissed, and the men responsible were given a mild rebuke or none at all. Those who commit serious sexual crimes on campus must be held to account.
In recent years, young activists, many of them women angry about their treatment after reporting an assault, have created new organizations and networks in an effort to reform the way colleges handle sexual violence. They recognized they had a powerful weapon in that fight: Title IX, the federal law that protects against discrimination in education. Schools are legally required by that law to address sexual harassment and violence on campus, and these activists filed complaints with the federal government about what they describe as lax enforcement by schools. The current administration has taken up the cause—the Chronicle of Higher Education describes it as “a marquee issue for the Obama administration”—and praised these young women for spurring political action. “A new generation of student activists is effectively pressing for change,” read a statement this spring announcing new policies to address campus violence. The Department of Education has drafted new rules to address women’s safety, some of which have been enshrined into law by Congress, with more legislation likely on the way.
Unfortunately, under the worthy mandate of protecting victims of sexual assault, procedures are being put in place at colleges that presume the guilt of the accused. Colleges, encouraged by federal officials, are instituting solutions to sexual violence against women that abrogate the civil rights of men. Schools that hold hearings to adjudicate claims of sexual misconduct allow the accuser and the accused to be accompanied by legal counsel. But as Judith Shulevitz noted in the New Republic in October, many schools ban lawyers from speaking to their clients (only notes can be passed). During these proceedings, the two parties are not supposed to question or cross examine each other, a prohibition recommended by the federal government in order to protect the accuser. And by federal requirement, students can be found guilty under the lowest standard of proof: preponderance of the evidence, meaning just a 51 percent certainty is all that’s needed for a finding that can permanently alter the life of the accused.
More than two dozen Harvard Law School professors recently wrote a statement protesting the university’s new rules for handling sexual assault claims. “Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process,” they wrote. The professors note that the new rules call for a Title IX compliance officer who will be in charge of “investigation, prosecution, fact-finding, and appellate review.” Under the new system, there will be no hearing for the accused, and thus no opportunity to question witnesses and mount a defense. Harvard University, the professors wrote, is “jettisoning balance and fairness in the rush to appease certain federal administrative officials.” But to push back against Department of Education edicts means potentially putting a school’s federal funding in jeopardy, and no college, not even Harvard, the country’s richest, is willing to do that.
Hard-line policies like Harvard’s are necessary, government officials say, because undergraduate women are in unique peril. Often-cited studies of sexual violence at colleges describe an epidemic. But each of these studies has serious methodological limitations. In some cases, the studies make sensational assertions that are not supported by the underlying data. In others, the experiences of one or two campuses have been made to stand in for the entirety of America’s higher education system. [...]
This is one of the frequently made assertions about campus violence, but the evidence to back it up is lacking. Being young does make people more vulnerable to serious violent crime, including sexual assault; according to government statistics those aged 18 to 24 have the highest rates of such victimization. But most studies don’t compare the victimization rates of students to nonstudents of the same age. One recent paper that does make that comparison, “Violence Against College Women” by Callie Marie Rennison and Lynn Addington, compares the crime experienced by college students and their peers who are not in college, using data from the National Crime Victimization Survey. What the researchers found was the opposite of what Gillibrand says about the dangers of campuses: “Non-student females are victims of violence at rates 1.7 times greater than are college females,” the authors wrote, and this greater victimization holds true for sex crimes: “Even if the definition of violence were limited to sexual assaults, these crimes are more pervasive for young adult women who are not in college.”[...]
Any woman who is raped, on campus or off, deserves a fair and thorough investigation of her claim, and those found guilty should be punished. But the new rules—rules often put in place hastily and in response to the idea of a rape epidemic on campus—have left some young men saying they are the ones who have been victimized. They are starting to push back. In the past three years, men found responsible for sexual assault on campus have filed more than three dozen cases against schools. They argue that their due process rights have been violated and say they have been victims of gender discrimination under Title IX. Their complaints are starting to cost universities. The higher education insurance group United Educators did a study of the 262 insurance claims it paid to students between 2006 and 2010 because of campus sexual assault, at a cost to the group of $36 million. The vast majority of the payouts, 72 percent, went to the accused—young men who protested their treatment by universities. [...]
Carol Tavris is a social psychologist and author of the feminist classic, The Mismeasure of Woman, and, with Elliot Aronson, Mistakes Were Made (but Not by Me). She says she is troubled by the blurring of distinctions between rape (notably by predatory males), unwanted sex (where one party agrees to sex not out of desire but to please or placate the partner), and the kind of consensual sex where both parties are so drunk they can barely remember what happened—and one of them later regrets it. She says, “Calling all of these kinds of sexual encounters ‘rape’ or ‘sexual assault’ doesn’t teach young women how to learn what they want sexually, let alone how to communicate what they want, or don’t want. It doesn’t teach them to take responsibility for their decisions, for their reluctance to speak up. Sexual communication is really hard—you don’t learn how to do it in a few weekends.” [...]
