Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

on 11/28/07 1:19 PM, Wanda Viento at 

 wrote:

> If a university doesn't remove the student from campus, is it in violation 
> of
> Title IX?

Under Title IX an institution must "take prompt and effective steps
reasonably calculated to end any harassment, eliminate a hostile environment
if one has been created, and prevent harassment from occurring again."
Although neither the U.S. Department of Education's Office for Civil Rights
or any court that we're aware of have ever interpreted this to mandate a
blanket policy for removing from campus sexual assault perpetrators there
are compelling arguments in favor of removing them.

Because "further encounters, of any sort, between a rape victim and her
attacker could create an environment sufficiently hostile to deprive the
victim of access to educational opportunities provided by a university" an
institution has obligations to prevent further encounters from occurring.

Immediately following a complaint there is a Title IX obligation to
investigate and under the Clery Act there is an obligation to make changes
to academic and living arrangements if such changes are requested by a
student victim and are reasonably available. Many institutions also impose
an interim suspension of the accused pending a full investigation and formal
disciplinary proceeding.

If an institution determines that the assailant violated institutional
policies in relation to the sexual assault removal from campus, either a
suspension for the remainder of the victim's attendance or permanent
expulsion, is one of the most effective approaches to eliminating further
contact.

If an assailant is permitted to remain on campus, even with some limitations
on their activity, there is a greater likelihood that they will reencounter
their victims. For many victims, especially those with PTSD, even the fear
of such an encounter can be debilitating. This can be an especially
problematic matter either on small campuses or with students in the same
academic program.

Often a victim will retreat, staying in their room or not attending class,
instead of living with the fear that they'll encounter their assailant in
the outside world. This causes them to miss class, sometimes even failing
courses they previously excelled in, and to clearly suffer a loss of
educational opportunities which is exactly what Title IX is intended to
prevent.

So while removing an assailant from campus isn't necessarily specifically
required it can be the surest way of ensuring that Title IX's requirements
are upheld.

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail: