Action as Deliberate Indifference: Sexual Assault at Occidental College

Action as Deliberate Indifference

Sexual Assault at Occidental College

Rachel Baer

Trigger Warning & Clarification

The presentation discusses sexual assault and rape. It may contain triggers.

99% of rapists are men, but not all men are rapists.

Overview

Research methods

Sexual assault at college

Oxy data

Title IX and OCR’s Dear Colleague letter

Research Methods

Literature review

Content analysis of DearOxy Tumblr› Measured hope, anger, hurt,

disappointment› Content analysis showed which specific

terms concerned users most

Oxy survey

Sexual Assault at College

Circumstantial information› School size & student trust

Emotional/physical effects› PTSD

Academic effects

“virtually all victims of rape are affected, regardless of the circumstances surrounding the act”(1)

Circumstantial Information

90% of college victims/survivors knew their assailant before the assault

Highest probability for assault: first week of college

Reminders of the assault/rape abound (will discuss later as stimuli)

School Size & Student Trust

For every additional 10,000 undergrads, the odds of sexual assault decrease by HALF

Oxy has ~2,100 students

Smaller student body = more trust› Most assaults occur in “normal” situations› False sense of security

School Size & Student Trust

Underreporting› Phenomenon in which most

victims/survivors do not report› Common reasons include:

Reprisal from assailant or assailant’s friends Social isolation

These reasons are only exacerbated at small schools (Oxy)

Emotional Effects

Fears of specific stimuli (experienced by victims of any/all assault circumstances)› Being alone, drunk people› Dead people, suffocation, weapons

Shows rape is the implicit threat of death

Fears of situation-specific stimuli› Location & other aspects of the assault

Embarrassment, shame, etc.

PTSD

Almost constant fear from stimuli PTSD

PTSD symptoms› Shame & despair› Impulsive behavior› Flashbacks› Hyper-alert

At least 43% of college SA/rape victims have PTSD› Higher than victims of other violent crimes

Academic Effects

Impaired social and work life

Lower GPA

Transfer rates same as non-victims

Common coping technique: avoid perp› Classes› Social scene (parties)› Extra-curricular activities› Marketplace, Cooler, etc.

Oxy Data

Remember the emotional and academic effects of sexual assault

Survey aimed to show how these effects appear at Oxy

55 survivors completed surveys in 12 days

AgeVictim year at time of assault:

Perpetrator year at time of assault:

Familiarity and Trust

Relationship between Survivor/Victim & Perp.at the time of the assault

64.7% of friend-rape victims said the assault deeply affected them and caused them emotional pain

41 out of 49 survey respondents knew the perp. prior to assault

Location

“Other” locations include cars, dances, etc.

Off-Campus Incidents

31% of participants raped at off-campus houses

5 occurred at Greek houses› 3 at SAE

4 occurred at athletic team houses› 3 at ATO

Responses covered past 4 years› SAE became a dry house during this time

Dorms

Dorms

First year› Highest incident count in Stewie (strong

community)

Older student› Highest incident count in Haines, RV

(isolated feel), and Stearns (isolated feel)

Dorms

6 perpetrators took the victims home to take care of them› Violation of trust

Three year live-on rule increases concentration of students in dorms

Lack of bystanders› RA training does not include SA/rape

prevention or bystander intervention

Barriers to Reporting

12.5% feared social consequences 17% respondents unacknowledged

DearOxy: “Having watched friends go through your system, and their rapists walk away with little or no consequence, I didn’t feel safe reporting mine.”

Reporting Experiences

Most decisions favored survivor/victim

All descriptions of process were negative› “an utter lack of professionalism and

compassion”

Administrators High-profile administrators

Lack of training› No adjudicator finished all 8 NCHERM trainings

Zero participants ranked adjudicators as “competent,” “caring,” “fair,” or “trained and knowledgeable”

Academic Effects

41% felt inadequate when in class and doing homework› Only 9 stated their GPAs dropped› 48% reported no change

100% involved with 1+ club 67% reported no change in extra-

curricular activities post assault Conclusion: Oxy students are the best

and faculty are supportive.

Emotional Effects

Of participants assaulted their first year:› 42.9% reported current anxiety› 25.7% reported current low self-esteem› 37.1% reported current distrust

33 of 55 survivors assaulted their first year› Only 2 survey participants current first

years› Shows pervasive effects of assault

Title IX in S.S. v. Alexander

1. Federal fundingOccidental receives federal funding.

2. Sexual harassment occurred (rape & sexual assault automatically qualify)

At least 55 cases apply.

3. Appropriate persons knew about the harassment and did not respond reasonably

No known investigation of ATO or SAE

4. Institution responded with deliberate indifference

Continual use of ineffective methods

5. Harassment = “severe, pervasive, and objectively offensive”

Continual emotional effects of friend/acquaintance rape

6. Concrete, negative effects on education OR the assault created a “disparately hostile” educational environment

9 reported GPA drops AND rapists remaining on campus

Title IX in S.S. v. Alexander

OCR’s Dear Colleague Letter

Oxy complied with all requirements except:

› Grievance procedures are not available throughout campus

› Incomplete NCHERM training› Specific timeline available only for appeals

process› “Guaranteed” protection against retaliation

without actual protection No system for reporting further problems with

perp.

Does Oxy Violate Title IX?

Legally (S.S. standard): YES

OCR (Dear Colleague): YES

Hope & Change

Bystander training› Should be required at beginning of each

semester for all students

POV (etc) training for adjudicators

Build on the trust that already exists› Care for each other!