SEXUAL MISCONDUCT: EXPANDING OPTIONS & INDIVIDUALIZING CONSEQUENCES MARY P. KOSS UC BERKELEY APRIL 11, 2015

APPLICABLE LEGISLATION & GUIDELINES Title IX of Civil Rights Act (1972) Clery Act (1990) Campus SA Victims Bill of Rights (1992) VAWA guidelines (June, 2014) OCR USDOE Sexual Harassment Guidance (2001) Dear Colleague Letter (2011)

Physical and Sexual Violence Facilities Athletics Verbal Sexual Harassment Unequal Pay Admissions & Financial Aid Primary Crimes Hate Crimes Missing persons Emergency Alerts Crime Log Timely Warning Drug, Alcohol & Weapons Title IX VAWA Clery Act Graphic from SUNY

DEFINING SEXUAL MISCONDUCT

PROBABILITY OF COMMITING RAPE

SURVIVOR NEEDS Survival: safety, housing, academic, economic Justice: Treated as a legitimate victim Express impact & ask questions Make decisions about case

EMPOWERING AND INDIVIDUALIZING Victim choice is meaningful only when there are alternatives Heterogeneity of perpetrators and offenses suggests sanctions must address root causes Responses that accommodate variation in justice needs must be both flexible but within guidelines

QUASI-JUDICIAL RESOLUTION Conduct an impartial investigation Provide due process to complainant and respondent Use preponderance of evidence Ensure equal access to lawyers and chance to present evidence & witnesses Restrict parties from directly speaking to each other or cross-examining Provide appeals process Maintain a written record

MEDIATION Resolves conflicts between disputants Takes a neutral stance: no wrongdoer Assumes a level playing field: no attention to gender of incident-related impact on ability to speak and be heard Is a negotiation

RESTORATIVE JUSTICE PRINCIPLES Harm has been done and the person who did it must accept responsibility for repair Justice balances three interests: Direct and secondary victims, wrongdoer, and the community Those harmed must have space to express impact and ask questions

STUDENT CONDUCT MANAGEMENT GOALS Advance inter- and intrapersonal competence Build moral complexity Enhance social responsibility Promote civic participation Strengthen community