action as deliberate indifference: sexual assault at occidental college by rachel baer

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Sexual Assault at Occidental College Rachel Baer

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"One in four women will be sexually assaulted during her college career. Sexual assault and rape effect victims and survivors in a number of detrimental ways. The victims’ and survivors’ academic and social lives are often torn apart, creating a disparity between their lives and the lives of others on campus. Title IX, part of the Education Amendments of 1972, protects women against sex-based discrimination and harassment in academia. Rape and sexual assault are considered extreme forms of harassment under Title IX. The law mandates that schools, including colleges and universities, follow guidelines set by the Office of Civil Rights to prevent and remedy inequities caused by sexual assault. I posit that Occidental College violates Title IX by acting with deliberate indifference in regards to sexual assault and rape. To determine whether my hypothesis is correct, I measured students’ attitudes of sexual assault on campus using a campus-wide blog. I paired the qualitative analysis of the blog with quantitative analysis using a survey of survivors and victims at Occidental. After the analyses, I concluded that Occidental administration violates Title IX through deliberate indifference and because of incomplete compliance with the Dear Colleague Letter by the Office of Civil Rights."

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Page 1: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Sexual Assault at Occidental College

Rachel Baer

Page 2: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

The presentation discusses sexual assault and rape. It may contain triggers.

99% of rapists are men, but not all men are rapists.

Page 3: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Research methods

Sexual assault at college

Oxy data

Title IX and OCR’s Dear Colleague letter

Page 4: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Literature review

Content analysis of DearOxy Tumblr› Measured hope, anger, hurt,

disappointment› Content analysis showed which specific

terms concerned users most

Oxy survey

Page 5: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Circumstantial information› School size & student trust

Emotional/physical effects› PTSD

Academic effects

“virtually all victims of rape are affected, regardless of the circumstances surrounding the act”(1)

Page 6: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

90% of college victims/survivors knew their assailant before the assault

Highest probability for assault: first week of college

Reminders of the assault/rape abound (will discuss later as stimuli)

Page 7: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

For every additional 10,000 undergrads, the odds of sexual assault decrease by HALF

Oxy has ~2,100 students

Smaller student body = more trust› Most assaults occur in “normal” situations› False sense of security

Page 8: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Underreporting› Phenomenon in which most

victims/survivors do not report› Common reasons include:

Reprisal from assailant or assailant’s friends Social isolation

These reasons are only exacerbated at small schools (Oxy)

Page 9: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Fears of specific stimuli (experienced by victims of any/all assault circumstances)› Being alone, drunk people› Dead people, suffocation, weapons

Shows rape is the implicit threat of death

Fears of situation-specific stimuli› Location & other aspects of the assault

Embarrassment, shame, etc.

Page 10: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Almost constant fear from stimuli PTSD

PTSD symptoms› Shame & despair› Impulsive behavior› Flashbacks› Hyper-alert

At least 43% of college SA/rape victims have PTSD› Higher than victims of other violent crimes

Page 11: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Impaired social and work life

Lower GPA

Transfer rates same as non-victims

Common coping technique: avoid perp› Classes› Social scene (parties)› Extra-curricular activities› Marketplace, Cooler, etc.

Page 12: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Remember the emotional and academic effects of sexual assault

Survey aimed to show how these effects appear at Oxy

55 survivors completed surveys in 12 days

Page 13: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Victim year at time of assault:

Perpetrator year at time of assault:

Page 14: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Relationship between Survivor/Victim & Perp.at the time of the assault

64.7% of friend-rape victims said the assault deeply affected them and caused them emotional pain

41 out of 49 survey respondents knew the perp. prior to assault

Page 15: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

“Other” locations include cars, dances, etc.

Page 16: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

31% of participants raped at off-campus houses

5 occurred at Greek houses› 3 at SAE

4 occurred at athletic team houses› 3 at ATO

Responses covered past 4 years› SAE became a dry house during this time

Page 17: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer
Page 18: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

First year› Highest incident count in Stewie (strong

community)

Older student› Highest incident count in Haines, RV

(isolated feel), and Stearns (isolated feel)

Page 19: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

6 perpetrators took the victims home to take care of them› Violation of trust

Three year live-on rule increases concentration of students in dorms

Lack of bystanders› RA training does not include SA/rape

prevention or bystander intervention

Page 20: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

12.5% feared social consequences 17% respondents unacknowledged

DearOxy: “Having watched friends go through your system, and their rapists walk away with little or no consequence, I didn’t feel safe reporting mine.”

Page 21: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Most decisions favored survivor/victim

All descriptions of process were negative› “an utter lack of professionalism and

compassion”

Page 22: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

High-profile administrators

Lack of training› No adjudicator finished all 8 NCHERM trainings

Zero participants ranked adjudicators as “competent,” “caring,” “fair,” or “trained and knowledgeable”

Page 23: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

41% felt inadequate when in class and doing homework› Only 9 stated their GPAs dropped› 48% reported no change

100% involved with 1+ club 67% reported no change in extra-

curricular activities post assault Conclusion: Oxy students are the best

and faculty are supportive.

Page 24: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Of participants assaulted their first year:› 42.9% reported current anxiety› 25.7% reported current low self-esteem› 37.1% reported current distrust

33 of 55 survivors assaulted their first year› Only 2 survey participants current first

years› Shows pervasive effects of assault

Page 25: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

1. Federal fundingOccidental receives federal funding.

2. Sexual harassment occurred (rape & sexual assault automatically qualify)

At least 55 cases apply.

3. Appropriate persons knew about the harassment and did not respond reasonably

No known investigation of ATO or SAE

Page 26: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

4. Institution responded with deliberate indifference

Continual use of ineffective methods

5. Harassment = “severe, pervasive, and objectively offensive”

Continual emotional effects of friend/acquaintance rape

6. Concrete, negative effects on education OR the assault created a “disparately hostile” educational environment

9 reported GPA drops AND rapists remaining on campus

Page 27: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Oxy complied with all requirements except:

› Grievance procedures are not available throughout campus

› Incomplete NCHERM training› Specific timeline available only for

appeals process› “Guaranteed” protection against

retaliation without actual protection No system for reporting further problems

with perp.

Page 28: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Legally (S.S. standard): YES

OCR (Dear Colleague): YES

Page 29: Action as Deliberate Indifference: Sexual Assault at Occidental College by Rachel Baer

Bystander training› Should be required at beginning of each

semester for all students

POV (etc) training for adjudicators

Build on the trust that already exists› Care for each other!