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Earlier this month, the U.S. Department of Education released a list of 55 colleges and universities under investigation for violating federal law in the handling of sexual assault and harassment complaints by students. The law at issue, Title IX of the Education Amendments of 1972, prohibits discrimination based on sex in education and education related activity programs which receive federal funds. This applies to elementary, middle and high schools as well as colleges and universities.
Title IX requires that educational institutions make all activities available to all students regardless of sex. A school which fails to take the issue of sexual assault/harassment on campus seriously may be in violation of the law. Accordingly a school may be required to update policies or procedures in order to maintain federal funding. In addition, civil penalties (fines) may result.
Related: Civil Lawsuits for College Crime (Assault, Sexual Assault, Alcohol Accidents) Part 1
5 Pennsylvania Colleges Made the List of Schools Under Investigation for Handling Reports of Sexual Violence
Out of the 55 colleges and universities on the list, 5 of them are in Pennsylvania:
- Carnegie Mellon University (Pittsburgh),
- Franklin & Marshall College (Lancaster),
- Pennsylvania State University (State College),
- Swarthmore College (Philadelphia suburbs), and
- Temple University (Philadelphia).
The Problem of Student-Student Sexual Assault at College
The problem of student-student sexual assault on college campuses is similar to the problem of teacher-student sex abuse, and involves an entrenched culture of silence. This culture of silence explains why school administrators ignore reports of teachers sexually abusing students. It also explains why colleges and universities also ignore reports of students sexually assaulting other students. In addition, there is a strong self-preservation instinct whereby school administrators at the highest levels learn of student sex assault reports and literally do nothing. School administrators tend to want to avoid police investigations and negative publicity associated with on-campus sex assault.
Related: College Sexual Assaults – Justice for Victims in Civil Sexual Assault Lawsuits
What Happens When a College Fails to Take Action?
When a college or school fails to take appropriate action in response to sexual assaults by students, the wrong message is being sent. Failure to take swift action and contact law enforcement actually sends two messages. First and foremost, the failure to take action tells victims that they are not worth it and cannot be believed. Second, the failure to take action tells perpetrators that they can get away with it.
In addition, administrators at most colleges and schools don’t realize that failure to take action leads to subsequent and later acts of abuse. Sexual predators aren’t born, they are made. Most sexual predators begin with minor acts of abuse and become more aggressive and violent as time goes on. Not getting caught leads to a belief that they can continue the pattern of behavior.
For instance, a sexual predator who attends college may begin sexually abusing other students by getting his victims drunk and sexually abusing them, knowing that a drunk victim may be more likely to keep quiet. Over time, he becomes emboldened by the victims’ silence and the school’s inaction despite multiple reports. More victims follow; each act becomes more aggressive and violent. Had the school taken appropriate action, such as filing police reports, it is very likely the student would not have victimized subsequent students.
Need more information? Visit our crime victims law library.
Sexually Assaulted at College? Contact Our Law Firm
Firm partner Guy D’Andrea is a former sex crimes unit prosecutor who now fights for the civil rights of victims of crime. Please call Click To Call for a FREE case review.
