Social and Behavioral Sciences Commons^™

Care Or Compliance? An Examination Of Sexual Violence And Institutional Responses At Two Crisis Points, Sophia Hartman

Honors Theses

Understanding the existence of sexual violence requires an investigation of the actions and contexts that either permit or prevent this form of violence. There exists a desire to draw a strict line between adolescence and adulthood, especially in relationship to sexual engagement, and in particular its implications for sexual violence. Utilizing Urie Bronfenbrenner’s Bioecological Model of Human Development and the concept of sexual citizenship—one’s right to sexual self-determination as well as the equivalent right of others—this thesis evaluates the perpetuation of sexual violence within the contexts of two crisis points. First, the moral panic during the Progressive Era surrounding female …

Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath

CMC Senior Theses

The increasing awareness and desire to fight sexual violence on college campuses have led to focusing campus adjudication processes on achieving justice. This thesis will analyze Betsy DeVos’s Title IX changes and explore whether she achieves due process protections in the new policy. This thesis will detail DeVos’s various changes – increased evidentiary standard, live hearing and cross-examination, narrowed definitions, reduction of responsible employees, and presumption of innocence for accused students – and how these changes are beneficial or detrimental to due process as a whole. This thesis will also explore the presence of rape culture on college campuses, the …

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Department of Educational Administration: Dissertations, Theses, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research, it is …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

Analysis Of Sexual Assault Policy Implementation Through The Narratives Of University Support Professionals, Rachel Cromheecke

Walden Dissertations and Doctoral Studies

Sexual assaults occurring on university campuses are a national health crisis with statistics revealing 1 in 5 women and 1 in 16 men endure an unwanted sexual experience during their college career. The United States government has modified Title IX to update processes and resources educational institutions must provide to their students affected by sexual assaults. Educational institutions have increased educational resources to inform students about sexual assault prevention, how to recognize a sexual assault, where to go on campus for assistance, and where to report a complaint. However, studies have shown that over 90% of sexual assaults never get …

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Graduate Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research based …

Sex Segregation As Policy Problem: A Gendered Policy Paradox, Elizabeth Sharrow

Elizabeth Sharrow

Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky

Theses and Dissertations

On April 4, 2011, the U.S. Department of Education issued a Dear Colleague Letter on campus sexual assault reaffirming the intent of Title IX, the 1972 law that prohibits discrimination sex-based under any education program or activity receiving federal financial assistance. In response to growing concern over due process rights for defendants, in September 2017 the guidance was rescinded. Public policy continues to evolve, leading to potentially lasting institutional changes on many college campuses. These developments include the formalization of campus investigations and adjudications, the development of campus coordinating committees and expanded support mechanisms for victims. In Virginia, laws passed …

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …