Running Head: SEXUAL ASSAULT ON COLLEGE CAMPUSES 1

Micaela Lueders

May 10, 2017

mlueders@linfield.edu

Final Paper

PROPOSED TOPIC: Sexual assault on Oregon college campuses.

PREVIOUS QUESTION: Should college sexual assault cases only be a concern of the local

police and city courts?

PREVIOUS QUESTION: Should Oregon colleges be more involved in the punishment process

of campus sexual assault or defer to local police?

REVISED QUESTION: Should Oregon colleges be solely in charge of the trial process of

campus sexual assault or defer to local police?

SEXUAL ASSAULT ON COLLEGE CAMPUSES 2

Table of Contents

Preface....................................................................................................................................... 3

Abstract .....................................................................................................................................7

Introduction ...............................................................................................................................8

Background ...............................................................................................................................8

Services Schools Can Offer .....................................................................................................11

Instances of Maltreatment of Students ....................................................................................15

Federal Regulations .................................................................................................................17

Conclusion ...............................................................................................................................19

References ................................................................................................................................20
SEXUAL ASSAULT ON COLLEGE CAMPUSES 3

Preface

I honestly have no idea where my research question came from. I was talking to one of

my sorority sisters last fall about this class, and the interest of learning about sexual assault just

fell out of my mouth. I do not know if this was divine intervention or just a trick of fate, but I

ultimately ran with it. I am glad I chose this as my topic because it was a topic I did not know

much about. I also knew it was a discussion people typically are not willing to have. I think this

challenge is what intrigued me about my topic, as nearly everyone can agree sexual assault is bad

yet there is no one clear answer to fix it. This ambiguity interested me to learn more. However, I

did have to focus my question quite considerably because I have a tendency to underestimate

how much I can ramble on one topic. I always over prepare, but my time, sanity and my ever

dwindling ream of paper forced me to keep narrowing my focus.

A highlight of this class was seeing my first clean paper on the projector. I am fully

aware that I am not the greatest writer, especially when it comes to filler or what I call “fluff”

writing. I thought being a good writer meant the author had to use big words and multiple

adjectives to sound articulate and fancy. I was wrong. A writer has to convey meaning, nothing

more and nothing less. This is not Scrabble, and I do not get more points for using bigger words.

This all explains the frustrations I felt in the first weeks of class because I felt like I had no

bearings. I had no idea if my writing was good. I knew I was speaking English and mostly used

proper grammar, but I had to find my voice in this writing style. My first clean page did not

come until week five. Susan even gave me 20 points on that assignment, which I think was

another example of divine intervention. I have been striving for that full credit ever since. Grades

aside, I have immensely grown as a writer. I read some of my papers from last semester, and I

am appalled that I received such high grades. I had gotten into a routine because I knew what the
SEXUAL ASSAULT ON COLLEGE CAMPUSES 4

professors expected of me. This class took that security away from me and challenged me to be

better. I am incredibly grateful that.

An important lesson I learned from this class is that I cannot do it all. I have a tendency to

spread myself thin in order to help other people. This class made me say no to some

opportunities, but that was good practice of prioritizing for me. It is not always selfish to put

yourself first. Also, I am stupidly stubborn and awful at asking for help. This class push aside my

pride to seek out help. I would first like to thank Matt Totaro for being my good friend and an

amazing listener. I do not think he knows how much those motivational texts or proofreading my

papers at 11pm on Tuesday nights means to me. It was so beneficial for me to have someone

who previously took this class to talk to. I would also like to thank my mother for always being a

phone call away for a pep talk or a good cry. She also forced me to take breaks and designate

time for myself, which is something I am not good at. My roommate, Emily Mandell, for

understanding my cranky moods and dubbing this class, “the mass communications equivalent of

anatomy” whenever someone asked why I was so stressed. She is my most loyal cheerleader, and

I am grateful I took this class while living with her. Lastly, I would like to thank my sorority

sisters of Zeta Tau Alpha for going out of their way to brighten my day. Their communal support

and understanding helped me stay positive, as I can be exceptionally hard on myself. This has

been my hardest semester for personal reasons, and there were times that I felt like I was Indiana

Jones and the walls of the Temple of Doom were closing in on me. However, these people were

loyal and positive; their support is the reason I am nearly done with this class.

My advice for next year’s students is to recognize you have limitations. Take an easy

course load because this class will consume your time and mind. Put your pride on the back

burner and open yourself up to failure. Every warm-up is an opportunity to learn about your

writing and ticks. No other class at Linfield is going to tear apart your writing like this one.
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Instead of taking this as failure, look at this as a chance to grow. A positive perspective will keep

you from spiraling in this class. You learn so much about yourself and your writing ticks. It

might seem annoying and disheartening at times, but keep pushing. The best educational

experiences are the ones that challenge you to be better. I learned I have a tendency to word

vomit when writing, so editing became more important to me. I learned that the word count does

not matter if the content is not good. The takeaways from this class will be worth the long nights

and the money spent at Starbucks.

I would like to thank Professor Thompson and Susan for your support and challenging

me to be a better writer. Thank you for answering my millions of questions and going along with

my confused looks in class. I am sorry; I have absolutely no poker face. I know this class must

consume your lives just as much as ours. Thank you for dedicating your time to help us become

better writers. It has definitely changed my life and my career. I would suggest going over the

interviews, or at least handing out the assignment handout, earlier than a week before the due

date. I know it is the student’s priority to be aware of deadlines and find interviews, but knowing

what the expectations were would have been helpful before the interviews were assigned. Also,

maybe having the compare and contrasts earlier in the semester. Having them due before spring

break and the complete eight annotations meant that I did most of the compare and contrasts in

my eight complete annotations wrong. I would have like to know how to do all the parts of a

complete annotation earlier on in the semester so I was better equipped to do the eight complete

annotations. Lastly, I think students should have more time to work on the final paper. Even

though I feel capable of writing this paper, this is what the whole semester has built up to. It

should be given the same significance as the complete annotations. Maybe the final paper should

be due during the week of presentations, and I think a week is not enough time.
SEXUAL ASSAULT ON COLLEGE CAMPUSES 6

Abstract

Sexual assault is a national problem that affects all colleges and universities, whether

they have a large or small population or are a public or private institution. While this is a

prevalent issue on college campuses, another even more alarming issue is the lack of students

who chose to report their assaults. The trial process can take months if the victims chose to report

their assault to the police. Schools are trying to help victimized students in a variety of ways as

each situation requires unique help. A higher education institution offers multitude of services to

help the victims feel safe and have adequate healing so their academic performance is not

hindered. These schools are also striving to help prevent assaults before they happen and offer

sanctuary for victims. The federal government is making efforts to combat the growing epidemic

of sexual assault. Overall, students do not feel safe if they are forced to report to police;

therefore, institutions should have to report sexual misconduct to the local law enforcement.
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Introduction

College campus sexual assault is a growing epidemic that affects nearly 20 percent of

college women, according to a study conducted at the University of Oregon (Pearce, 2014).

Similarly, reports have shown that higher education institutions underreport the number of sexual

assaults on their campuses (Reports say, 2015). It is a larger problem than anyone cannot

accurately measure due to this incorrect data. Even though Title IX has been protecting students

for over 45 years, some fear that President Donald J. Trump will weaken the strict Title IX

policies implemented by the Obama administration that protect women from campus sexual

assault (Hartocollis, 2017). Sexual assault regulation and prosecution is a problem of national

discussion as there is no clear solution. There are different approaches to addressing sexual

misconduct even though it is overseen by the federal government through Title IX. One possible

solution is that colleges defer to the local police because it protects the schools and

hypothetically ensures justice for the victims. However, justice is not a priority for all victims.

Colleges should not have to defer to the local police in prosecuting a sexual assault case because

it combats the day-to-day support a college can give to a victim to help them safely recover from

the trauma of an assault.

Background

Sexual assault is a national problem that affects all colleges and universities, whether

they have a large or small population or are a public or private institution. College is the first

taste of independence for most students, and they are navigating what is right or wrong. An

increasing number of assaults on college campuses are due to the involvement of alcohol. Martin

(2016) details a common scenario where a student was far too intoxicated to give consent.

Alcohol is ever present on college campuses, and this potentially leads to some harmful

circumstances. Alcohol is common facilitator of sexual assaults because it impairs judgment and
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prohibits people from giving consent. Also, many college sexual assaults are acquaintance

assaults cases, where the victims previously knew their assailants. Krakauer (2015) states that

acquaintance rape is the most underreported crime in America. Due to a college community, a

common theme among campus sexual assaults acquaintance rape, as upwards of thousands of

people are living in the same place for the same reason for nine months. Students are bound to

know each other. Lastly, the college students are potentially still learning what a healthy sexual

relationship is; therefore, consent is not always explicitly expressed. As Joskowski, Peterson,

Sanders, Dennis and Reece (2013) found, men rely on more nonverbal cues for consent whereas

women reported more verbal strategies. The genders have completely different languages of

granting and interpreting consent. This misinterpretation of consent could potentially explain

some of the campus sexual assault rates. These are some of the potential reasons sexual assault

rates are heightened on college campuses.

While this is a prevalent issue on college campuses, another even more alarming issue is

the lack of students who chose to report their assaults. Some victims chose not to report their

assaults because it might be too traumatizing to revisit. As Orchowski and Gidycz (2012) found,

women who were assault preferred to confide in a peer rather than a formal reporting process.

This coincides with other data collected which found that women especially chose to report their

assaults to formal reporters, such as police or their school’s Title IX coordinators. As Germain

(2016) described, some women confide in friends and family first and then choose to heal

privately because they distrust their schools to properly handle their cases. This fear may come

from the highly publicized failures of colleges protecting students. Some victimized students

believe that due to circumstance surrounding their assault, such as alcohol or drug involvement,

their claims might not be taken seriously (Hopp, 2017). Since most students are underage, they

think the focal point of their investigation will be about their alcohol consumption instead of
SEXUAL ASSAULT ON COLLEGE CAMPUSES 9

their assault. They do not want to be punished for underage drinking as a way to diminish their

assault claims. Alcohol can also affect memory, so the victims might not remember every detail

surrounding the assault or if they even expressed consent. Another widespread fear is their

assault will be reduced to a drunken mistake.

The trial process can take months if the victims chose to report their assault to the police.

Even after some victims choose to receive a rape kit, they might not choose to report to the

police due to the time commitment and trauma a prosecution case can take (Hood, 2017). A

formal trial can take immense time, and the victim is forced to constantly relive the trauma of the

assault. One student’s assault investigation did not begin until more than 200 days after she filed

her report (Jesse, 2017). This time prohibited her from moving on from her assault, as she was

constantly waiting for justice to be served. On the contrary, an investigation and recovery

services are immediately started if a student reports to their school (Hopp, 2017). The students

have a multitude of services they can obtain before punishment is dealt. However, it is a growing

trend that victimized students like to grieve in private instead of seeking formal help from their

institutions or the local police (Orchowski & Gidycz, 2012). Schools and the local police can

help students in very different ways, but first earning the trust of students to confide their sexual

assaults is the crucial battle.

College campus sexual assault affects nearly 1 in 5 women and 1 in 71 men in the United

States (Pearce, 2014). One cannot even begin to understand the widespread ramifications of this

assault to a student’s life without acknowledging there is a problem. While there is no clear

solution to eradicate sexual assault, there are multiple services the victims’ schools can offer to

help victimized students heal and succeed in their post-assault life.

Services Schools Can Offer

SEXUAL ASSAULT ON COLLEGE CAMPUSES 10

Schools are trying to help victimized students in a variety of ways to suit their needs, as

each situation requires unique help. These higher education institutions have a legal obligation to

ensure students have a safe educational experience. Under Title IX, students have equal

protection to safely receive an education, regardless of disability, sexual orientation, gender or

race. A campus sexual assault may obstruct that right. A study found that women’s academic

performance suffered after experiencing sexual trauma. (Jordan, Combs, & Smith, 2014). This

study concluded an assault had negative impacts on women’s mental health which then affected

their grade point averages. It is proven that sexual assault negatively affects victims’ academic

performances which thereby inhibits their right to have equal access to education. This federal

oversight keeps colleges accountable, and the federal government has recently performed more

than 200 investigations into colleges that had been reported for mistreating allegations of sexual

misconduct (Hartocollis, 2017). This is why these enforcements are necessary because the

ramifications of a campus sexual assault affect more than the health of the victims; it prohibits an

equal right to obtain a safe education.

A higher education institution has a multitude of services to help the victims feel safe and

have adequate healing so their academic performance is not hindered. As Hopp (2017) explains,

the dean of students can advocate on behalf of the victims to teachers and other administration.

They can help victims potentially retake tests, excuse absences or even move dormitories if that

helps the victim recover after trauma. The administration, should the victims chose to report to

them, acts as a liaison for the victims. They can advocate on behalf of the victims to help them

properly heal while succeeding in school. Also, Perkins (2017) details how the school can help

assure the victims never has contact with their assailants, such as assigning exits and entrances

into academic buildings the victim and assailant may share. The victims might also be assigned

designated pathways to classes. The colleges and universities ensure the victims feel safe at
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school, which is their legal obligation under Title IX. Forcing students to face their assailants on

campus prohibits this right (Office of Civil Rights, 2011). The victims’ plans can be completely

catered to the students’ needs and desires to help them recover. Furthermore, if the victims feel

they cannot safely attend the same school as their assailants, assailants may also be asked to

leave school until the victimized students graduates, granting the victims a safe academic

environment to complete their studies (Goetschius, 2017). This is another example of how the

schools can uphold the health of their students and protecting their academic interests.

These higher education institutions are also striving to help prevent assaults before they

happen. Schools are being proactive in their approach to sexual assault, squashing any precursors

of assault it encounters. Multiple universities are punishing students for inflammatory speech,

such as ranking fellow students based on appearance. This disciplinary approach to students

discussing other students in an objectifying and sexualizing way illustrates the schools’

intolerance for making other students feel unsafe on campus (Kutner, 2017). Efforts like these

are to help diminish the precursors to sexual assault, such as hyper-masculine attitudes or

objectifying women. However, the Freedom for Individual Rights in Education organization

state this kind of regulation is attack on free speech as the students did not legally do anything

wrong (Cohn, 2017). This punishment process can potentially challenge a student’s right to free

speech, but the counter-argument the universities present is the schools have a code of ethics

they must abide to while attending that school. Students should be expected to maintain that code

of conduct at all times, especially within school funded events such as sports teams. This helps

victims and students overall as schools protect the overall education environment for students.

Higher education institutions are also implementing training squads on campus to teach

students about the parameters of consent (Consent, 2017). These classes and programs are

designed to help students understand the potential risk factors, such as alcohol and unclear
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communication of consent, that could lead to sexual assault. Some schools mandate these classes

before freshmen arrive on campus, since most sexual assaults happen within the fall semester of

freshman year (White House, 2017). These programs can also be in the form of a credited class

where students can learn to be peer educators about sexual assault on campus, such as the

Consent and Awareness Training Squad at Linfield College. These students spend a semester

learning how to effectively and respectively discuss sexual assault to become peer advocates and

eventually lead their own lecture of teaching other students. This could help students become

more involved within the prevention process and help inform other students through a trained

informal supporter. Some schools, such as Portland State University, even have volunteer

advocates who will go with the victims to the hospital if they wish to have a rape kit made

(Hood, 2017). This helps victimized students have someone safe and potentially familiar guide

them through this difficult process. Schools are taking measures to ensure students are informed

of their options and know where to seek help.

Victimized students control the type of care they receive through reporting to their

schools. If a student was to report their assault to the local police, they would have no say in how

the investigation was conducted. It would be completely out of their control. If they report to

their college, students can remain anonymous and still seek help from their institution. Also the

victim’s identity could become public knowledge if they reported to the local police station

(Goetschius, 2017). This could spark backlash within the community, such as Krakauer (2015)

detailed over a woman who accused University of Montana, Missoula’s star quarterback of

sexually assaulting her. She was publically shamed and belittled online. Every detail of her past

came up in an effort to diminish her character and therefore her claim. That can be detrimental

for a victim who is already trying to recover from being assaulted. Another student from Georgia

State University claimed she did not report her rape to the police because she felt shame, fear and
SEXUAL ASSAULT ON COLLEGE CAMPUSES 13

guilt (Cook, 2017). Schools can offer a safe place for students to feel protected, and schools

would have to revoke this sanctuary due to the legal obligations if higher education institutions

were mandated to report to the local police.

Furthermore, if a victim does not want to reveal the identity of their assailant or press

charges, they do not have to if they are reporting to the college. Students can seek help to heal

and move on without serving justice from their institution (Hopp, 2017). However, if victims or

schools reported to the police, the justice system is less sympathetic of emotional needs when its

purpose is finding justice. Schools can even help students with assaults that took place off

campus (Hopp, 2017). Schools have less restrictions and parameters when it comes to helping

students, and they have no one recovery pathway for all students. The schools can modify their

services to help serve their students whereas the local police have to abide by a strict

enforcement of rules. The higher education institutions are better equipped to mentally and

emotionally help students from post-sexual assault ramifications based on the services they can

provide and the daily protections administrators can enforce on campus.

Students do not feel safe if they are forced to report to police. Colleges have separate

disciplinary process except in the state of Georgia. A recent bill was passed that would mandate

colleges to report any felony, such as rape, to law enforcement. This caused an uproar in

students, some even stating this bill would be an academic death sentence. One law student and

sexual assault survivor claimed this bill would take away the victim’s voice ability to control

their own lives (Cook, 2017). This demonstrates that students do not feel more safe reporting to

the police compared to their institutions. While the justice system is vital for society, it does not

help a student holistically heal. It removes the control and focus away from helping the victim to

catching the assailant. Some victims state seeing their assailant go to jail helps them heal because

they know their assailant will not hurt anyone else (Hood, 2017). However, less than 2 percent of
SEXUAL ASSAULT ON COLLEGE CAMPUSES 14

assailants actually spend a single day in jail (Consent, 2017). Victims should be able to control

their path to recovery from their assault. Making higher education institutions report to law

enforcement would only persuade the fear of reporting.

Ultimately, the difference a school and the local police provides to a victimized student

derives down to the fundamental purposes of these institutions. The goal of the local police is to

serve justice by finding evidence to put lawbreakers in jail. The goal of schools is to ensure

students are healthy and thriving while attending their college or university. The recovery

process should have the needs of the victim as its core, which is exactly what higher education

institutions and Title IX strive to do.

Instances of Maltreatment of Students

While Title IX regulations are the standard of what schools should be doing, not all

institutions uphold the mandates established by the federal government. For example, institutions

may dismiss claims of sexual assault due to circumstance surrounding the assault. Martin (2016)

shares the perspective of a student from the University of Portland who reported her rape to her

school. However, she claimed she was blamed for the assault due to the amount of alcohol she

consumed. She was punished for underage drinking rather than her assailant for raping her. As

Acker (2017) discusses, sexual assault is the only crime that the justice system dismisses due to

the influence of alcohol. No other crime has this crutch to fall back on. This University of

Portland student also previously knew her assailant, so the university ruled this assault as a

drunken miscommunication (Martin, 2016). This is dangerous as it illustrates that this college

does not believe their victimized students and will protect themselves instead of their students.

This is just one case, but it sets a precedent for the students that shows their claims will not be

validated or taken seriously. Unfortunately, this is not the only example of schools mistreating

sexual assault allegations made by their students.

SEXUAL ASSAULT ON COLLEGE CAMPUSES 15

Institutions might have alternative motives for covering up its sexual assaults, such as

protecting star student athletes. Krakauer (2015) said the University of Montana, Missoula

suppressed sexual assault claims surrounding a prominent football player because his

performance was vital for the team’s success. Schools with prestigious athletic programs are

notoriously known to squash sexual assault allegations in order to protect their reputation. This is

evident as Marc Tracy (2017) stated that at least 52 rapes were committed by 31 Baylor

University students in only four years. This includes at least five gang rapes. This was

dramatically higher than the number of on-campus assaults reported by Baylor University to the

federal government. Numerous women had notified Waco Police Department, the local police

department, of their assaults and that police department did not conduct any formal

investigations. The athletic department, administration and the local police buried these

allegations to protect the players on their team. But, this eventually led to Baylor University’s

public opinion demise. The university’s president was forced to resign and the football coach and

the athletic director were both fired (Tracy, 2017). The school also has to prove it reformed its

response to sexual assault allegations before it could receive millions of dollars from the Big 12

athletic conference (Watkins, 2017). Even though some schools prioritize athletics, the truth will

eventually be revealed, and the higher education institution will have to change. Otherwise, the

schools will be federally investigated and potentially charged.

Federal Regulations

Those are examples of where schools fail to serve the needs of their students by not

protecting a safe and equal right to education. However, the federal government is taking

measures to insure legal ramifications if colleges do not place the well-being of students as its

top priority. Colleges know their duties under Title IX to protect students against sexual assault,

as it was detailed in a letter from the Department of Education (Office of Civil Rights, 2011).
SEXUAL ASSAULT ON COLLEGE CAMPUSES 16

After this letter, institutions knew exactly what the government expected of them when enforcing

Title IX on campus. The federal government clearly explained the legal obligations under Title

IX to ensure students do not have a hostile educational experience. The government also targets

professions with direct communications to higher education officials. This is also evident in the

White House Task Force to Protect Students from Sexual Assault (2017) report which guides

administrators on addressing and mediating sexual misconduct on campus. This report offered

suggestions in six different areas on how schools can alter their approach and education on

sexual assault. These suggestions would make police oversight obsolete as sexual assault is

already being addressed on a federal level in partnership with colleges and universities.

The government is trying to address the problem of college campus sexual assault at its

source by targeting the college administrations. A bill was recently introduced to Congress that

will also mandate all amateur athletic organizations to immediately report sexual assault

allegations to federal law enforcement (RAINN, 2017). This demonstrates the government

ability to adapt federal laws to better serve the victims. The federal government is aware of the

growing epidemic of sexual assault and is making efforts to establish more mandates to

counteract these assaults.

Sometimes, schools merely might not accurately communicate to the public what is

happening on campus. It is difficult for colleges to maintain the balance of protecting the

involved students and remaining transparent to the public. As Nichols (2015) states, colleges

must be honest about the reality of sexual assault, but institutions must not reveal any details

surrounding the case. This is due to federal regulations that prohibit schools from discussing

details about a pending sexual misconduct investigation, such as the names of the victim and

accused assailant. Anonymity is vital for the students involved to continue living as normal lives

as possible. As Goetschius (2017) explains, the on-campus prosecution process safeguards the
SEXUAL ASSAULT ON COLLEGE CAMPUSES 17

students’ identities to ensure they are safe during the trial. This kind of protection cannot be

ensured if the student or college reports to the police, as their name can become public

knowledge as a part of the police investigation. Some institutions may be accused of misleading

students by not revealing information. Colleges have to inform the student body of the event of

an assault if the college administrators believe the campus can become a hostile environment

(White House, 2017). Colleges must be as transparent as possible when publically discussing an

assault, but their primary goal is protecting the students involved. This is not meant to be refuting

allegations of assault, but it is important to recognize colleges have a federal duty to protect the

educational environment of its students.

Overall, while some schools do not put the safety of their students first, the government is

taking steps to stop this problem and hold colleges more accountable. This would eliminate the

need for higher education institutions to report to police. As the federal government is

strengthening its oversight, colleges and universities will have to adapt their policies to better

serve and protect their students. The government is well aware of the epidemic of college

campus sexual assault and is striving to reform current sexual misconduct policies to protect the

services colleges can provide. The local police department may be able to have a uniform

approach to every legal transgression, but there are no one solution colleges can offer to

victimized students. Implementing higher education institutions to report to the local police

undermines the unique services schools can offer their students.

Conclusion

Sexual assault is a national problem, but it affects the individual; therefore, the victim

alone should spearhead their recovery. By trusting the school, victims can seek multiple forms of

help to benefit their everyday lives and ensure they are receiving a healthy education. Schools

would have to abandon anonymity and potentially other forms of help if they had to defer to the
SEXUAL ASSAULT ON COLLEGE CAMPUSES 18

local justice department as it is held to a different standard. Schools can ensure students have the

proper mental and emotional support and justice, if that’s their goal. Schools offer a complete

healing approach to dealing with sexual assault whereas the justice system merely focuses on

prosecution.
SEXUAL ASSAULT ON COLLEGE CAMPUSES 19

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Cohn, J. (2017, January 19). Law enforcement involvement key for protecting students from

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Cook, R. (2017, February 1). Opposed by sex assault victims, campus rape bill clears Ga. House

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Hartocollis, A. (2017, February 18). Universities face pressure to hold the line on Title IX. The

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Hood, M. (2017, April 9). Interview by Micaela Lueders. From notes and audio recording.

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SEXUAL ASSAULT ON COLLEGE CAMPUSES 20

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