On Sept. 13, a student at the University of North Carolina held a press conference stating that she was raped by a football player and that the university did not take the proper actions in the investigation. This case follows a series of sexual assault cases on college campuses that have made headlines in recent years.
This year, Laura Bennett and Alexis Martinez joined NSU administration as Title IX Coordinator and assistant dean for student development within the division of student affairs, respectively. Together they’ve worked to update the university’s policy and procedures regarding sexual misconduct on campus.
When it comes to such a large topic, both Bennett and Martinez said that the policy, legislature and procedures can be confusing for both faculty and students. It is important, however, for both faculty and students to learn about the process, at least at a basic level. Here’s what you need to know about instances of sexual assault and how NSU handles them.
What is Title IX?
Title IX is a piece of federal legislation designed to protect students and their ability to go to class, regardless of gender. According to Bennett, Title IX is an umbrella term that covers topics such as student pregnancy, transgenders and sexual misconduct. In the law and at the university, sexual misconduct is an umbrella term that refers to anything from sexual assault to intimate partner violence to sexual harassment.
Title IX requires the institution to respond to reports of sexual assault within 60 days. The legislation sets the outline for how universities form procedures to handle sexual assault.
What happens when a student files a report?
It depends.
Although it seems like a hackneyed response, the actions that take place after students file a report depend on a few factors. When a student reports to a responsible employee, someone who has to send the report to administration and a university investigation will occur. According to Bennett, a responsible employee includes those whose job it is to protect the campus, those who the university says has an obligation to report and anyone a student may reasonably think has the authority to report. However, students have the option whether or not to file a report with the police. Bennett said that it’s important to note that the institutional process for handling misconduct is not the same as the process for criminal investigations, but survivors are entitled to both.
Martinez acts as the chief judicial officer after an investigation has been completed. She said that both the student who filed a report and the accused individual will receive copies of the reports. She said that she is responsible for looking at the information objectively and making a determination of guilt and consequences. Martinez said an appeals process can bring the case to Brad Williams, vice president of student affairs and dean of the college of undergraduate studies, who has the final say.
Title IX gives students the rights to an investigation when a case of secual assault happens on campus or off campus when the case affects their ability to come to class. In cases where the survivor does not want to report to police, or when the assault did not involve another member of NSU, Bennett said the university can still help the student access resources to support him or her.
“I want students to feel like we will honor and respect them throughout the entire process ,” said Bennett.
In some instances, a survivor of sexual assault may not want an investigation to take place at all. In that case, Bennett said that it’s important to report to a confidential source, which are discussed next. Responsible employees will have a legal obligation to report the information.
Who can students report to confidentially?
Students can report to mental health and medical professionals confidentially, meaning that providing them with information won’t necessarily result in an investigation. By reporting to confidential resources, students can ensure they still receive the help they may need.
During the 2016-2017 school year, Bennett said she hopes to establish an online reporting system that will allow students to leave out their names if they choose to do so. Bennett said that this system might help make students feel more comfortable about reporting, while helping her bring the information to an investigative body.
How can students know what’s happened on campus?
Another piece of federal legislation, the Clery Act, manages what and how universities report crimes that occur on campus. The Clery Act covers when institutions are required to give out alerts to students and what they are required to report annually. NSU’s annual clery report can be accessed at nova.edu/publicsafety/clery/index
Martinez said that Title IX defines crimes and actions differently than the Clery Act does. Title IX also grants students the right to report confidentially, which can change the way reports appear. She said that the process and policy NSU has put in place this year may result in a rise in some of the report numbers.
“That’s not necessarily a bad thing,” said Martinez. It would mean that students are feeling more comfortable with the reporting process, said Martinez.
Anything else?
“I want students to know that there are resources and departments and people in place at NSU that will support them through the entire process,” said Martinez.
Students have the right to know the procedures, accommodations and resources they are entitled to, whether they are a survivor of sexual assault or accused of sexual assault. For more information on student rights and actions that students can take, visit nova.edu/title-ix.
Informational Chart
NSU’s breakdown of Title IX: nova.edu/title-ix
All about the Clery Act: nova.edu/publicsafety/clery/index
Association for Student Conduct Administration explains campus versus court procedures: theasca.org/Files/Publications/LPR487May12014.pdf
Students interested in participating in a peer education program contact: Laura Bennett at laura.bennett@nova.edu
