Disciplinary Procedures and
Model Policies
Universities currently respond to sexual assault on campus with
a variety of disciplinary approaches. In this section, you will
have the opportunity to look through a range of sexual assault
and sexual harassment policies; together we will formulate some
ideas about what constitutes an appropriate university response
to campus assault and what proactive measures should universities
take to punish perpetrators and prevent further violence. Can
campus disciplinary procedures provide a fair and just atmosphere
to punish sexual violence, or should all sexual assault, as Kim
Gandy claims, go directly to the criminal justice system? Do universities
occupy a unique space in culture in which, as closed communities
dedicated to education and development, they can devise their
own schemes of handling and punishing criminal offenses? Under
which policies are the rights of all involved community members
best protected?
The following are links to different universities' sexual assault
and harassment policies.
"The
Antioch College Sexual Offense Prevention Policy." Antioch.Edu.
Retrieved 5 Jan. 2002
"Campus
Security Report." Wellesley.Edu. 27 Feb. 2001. Wellesley College
Police Department. Retrieved 10 Jan. 2002
"Campus
Sex Crimes Prevention Act." SecurityOnCampus.Org. 2001. Campus
Safety, Inc. Retrieved 22 Jan. 2002
"Complying
With the Jeanne Clery Act." SecurityOnCampus.Org. 2001. Campus
Safety, Inc. Retrieved 22 Jan. 2002
"Face of America."
RAINN.Org. Rape, Abuse and Incest National Network. Retrieved 13
Jan. 2002 .
"Playing
it Safe." HUPD.Harvard.Edu. 2001 - 2002. Harvard University.
Retrieved 6 Jan. 2002.
"Procedures
for Responding to Sexual Assault Cases on Campus." Caltech.Edu.
California Technical University. Retrieved 6 Jan. 2002
"Rape and
Sexual Assault." UCLA.Edu. Univ. of California, Los Angeles.
Retrieved 6 Jan. 2002 .
"Campus Sexual
Assault." Princeton.Edu. Sexual Harassment/Assault, Advising,
Resources & Education. Retrieved 16 Jan. 2002.
"Campus
Sexual Assault Victim's Bill of Rights." Princeton.Edu. Retrieved
16 Jan. 2002. .
To spark some creative thinking about alternative responses to
campus violence, take a look at the following solutions proposed
by several legal scholars. Instead of advocating a traditional punishment
of suspension or expulsion for the perpetrator, Rajib Chanda recommends
instituting a mediation program in which the perpetrator and the
victim can be guided through a dialogue of reconciliation and resolution.
The core reasoning of Chanda's argument is excerpted below from
the Harvard Negotiaton Law Review.
In Deborah Reed's "Where's The Penalty Flag? A Call for the
NCAA To Promulgate An Eligibility Rule Revoking A Male Student-Athlete's
Eligibility To Participate In Intercollegiate Athletics For Committing
Violent Acts Against Women," Reed confronts the special problem
of student-athlete perpetrators, who overwhelmingly go unpunished
by universities. She suggests that the NCAA institute an eligibility
rule that disqualifies pereptrators of sexual assaults from participating
in athletic competition, a rule similar to the NCAA's drug policy.
For further explanation of the relationship between sexual assault
procedures and collegiate athletics, and for a description of a
potential NCAA eligibility rule, see excerpts below.
In her article, "Sex, Rape, and Shame," Katherine K.
Baker suggests that college campuses use public humiliation of perpetrators
as a means of disciplining them and changing cultural perceptions
of and attitudes toward sexual assault (see excerpts below).
Discussion Questions:
1. Do you find any of these suggestions to be feasible options
for universities? What effect do you think each of these potential
policies would have in fairly and justly punishing perpetrators?
Or in protecting victims' privacy and in satisfying her or his needs?
Or in working to eradicate sexual violence on campus?
2. What do you think are the most important features of a campus
sexual assault policy? We are currently working to improve the sexual
assault policies and procedures at Harvard.
Click here to
read article excerpts
Go
to the Discussion Board
Return to VAW Module I
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