We’ve been told that the new Title IX regulations on sexual harassment and violence are an improvement over prior Trump-era rules, and in some ways they are. However, feminist attorney and former sex crimes prosecutor Kathleen Kelly questions whether it is appropriate for cases of sexual violence - that are criminal offenses - to be dealt with as violations of Title IX by education officials under any of the regulations. She explains the issues in this podcast, as well as the implications of expanding the definition of “sex” to include “gender identity” for charges of sexual harassment.
(In Part I, Kathleen Kelly, talks about the history of Title IX, her 1970s work with the original task force for implementation and compliance, and the expansion of the definition of “sex” in the current rule change published April 19th.)
SHOW NOTES:
An Underreported Problem: Campus Sexual Misconduct
AAUW’s analysis of 2016 data reported under the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), which requires colleges and universities who participate in federal financial aid programs to disclose campus crime statistics and security information, shows that the vast majority (89%) of 11,000 college and university campuses failed to disclose even a single reported incident of rape that year, even though there are numerous studies showing that campus rape is common.
Campus Sexual Violence: Statistics
Sexual violence on campus is pervasive.
13% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students).
Among graduate and professional students, 9.7% of females and 2.5% of males experience rape or sexual assault through physical force, violence, or incapacitation.
Among undergraduate students, 26.4% of females and 6.8% of males experience rape or sexual assault through physical force, violence, or incapacitation.
5.8% of students have experienced stalking since entering college.
Fraternities and Rape on Campus
Abstract
Despite widespread knowledge that fraternity members are frequently involved in the sexual assaults of women, fraternities are rarely studied as social contexts-groups and organizations-that encourage the sexual coercion of women. An analysis of the norms and dynamics of the social construction of fraternity brotherhood reveals the highly masculinist features of fraternity structure and process, including concern with a narrow, stereotypical conception of masculinity and heterosexuality; a preoccupation with loyalty, protection of the group, and secrecy; the use of alcohol as a weapon against women's sexual reluctance; the pervasiveness of violence and physical force; and an obsession with competition, superiority, and dominance. Interfraternity rivalry and competition-particularly over members, intramural sports, and women-encourage fraternity men's commodification of women. We conclude that fraternities will continue to violate women socially and sexually unless they change in fundamental ways.
A Brief Report of Sexual Violence among Universities with NCAA Division I Athletic Programs
The current study contributes to the growing body of literature by examining sexual and relationship violence across NCAA Divisions and, more specifically, within Division I schools as these campuses seem to be at greater risk for sexual violence [21,22,28]. Consistent with previous work, we also found that when compared to Division II and III campuses and campuses without an NCAA affiliation, Division I campuses reported higher sexual and relationship violence.
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