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

["Langford, Linda" <>]

Dear Lisa and SAPCers,

 

I forwarded your question to Jessamyn Tracy () of the Stalking Resource Center/NCVC, which is the group that developed the Model Policy. She sent a brief response, which is below. She is going to share the request with her colleagues (some of whom are traveling.) If they have anything to add, I will post a follow-up to the list.

 

Jess said:

I agree with Lisa's analysis - that there doesn't have to be a desire for a sexual relationship in order for it to be sex-based discrimination.  There are plenty of other commonly recognized harassing behaviors (posting images, jokes, etc.) for which there is no requirement that the harasser be looking for a sexual relationship.  I also think that stalking and gender and sex are inextricably linked.  Both stalking victimization (primarily females) and stalking offending (primarily males) are inherently gendered experiences.  In my opinion, stalking behavior crosses over - it can be both criminal (depending on the circumstances and the specifics of the law in each jurisdiction) and a civil violation of Title IX protections.  

 

In terms of defining stalking, the basic model definition is: "A pattern of behavior directed at a specific person that would cause a reasonable person to feel fear."  We have seen a number of jurisdictions that choose to deviate from that definition.  Often, though, those deviations can have unforeseen consequences.  We'd be happy to discuss any other definitions, and the ways in which they might affect implementation, etc.  

 

Best Regards,

Linda Langford

 

Linda Langford, Sc.D.

Associate Center Director, Violence Prevention Initiatives

Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention

www.HigherEdCenter.org

55 Chapel Street, Newton, MA  02458-1060

voice (800) 676-1730 x2719 OR (617) 618-2719 (direct line)

fax (617) 928-1537

 

 EDCInc 

From: Ingarfield, Lisa
Sent: Tuesday, October 18, 2011 3:07 PM
To:
Subject: Question re: Stalking and Title IX

 

Dear Colleagues,

 

We are working on a campus stalking policy and are using the NCVC Model Campus Stalking Policy as a beginning place. One of the concerns that came up at today’s meeting by our Title IX officer is that for stalking to be a Title IX issue, it has to be “sexually motivated.” I was wondering if any of you have come across this argument before. If so how you have responded and has it impacted the definition you provide of Stalking in your stalking policies. My initial response was that there doesn’t have to be a desire for a sexual relationship for something to be discrimination on the basis of sex.

 

Thanks so much!

 

Lisa

 

******************************************************************************

Lisa Ingarfield

Associate Director, Interpersonal Violence Prevention

The Phoenix Center at Auraria

Tivoli Student Center, 227

Campus Box 196

P.O. Box 173364

Denver, CO 80217-3364

 

Business Hours Main PCA Phone: 303-556-6011

24/7 Helpline: 303-556-CALL

Fax: 303-352-3751 (not secure)

www.thepca.org

 

Serving the Community College of Denver, Metropolitan State College of Denver,

the University of Colorado Denver and the Auraria Higher Education Center

 

 

 

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