Cornell Revamps Sexual Assault Policies, Takes Proactive Approach

There's No Controversy, But Cornell Is Changing Its Sexual Assault Policies Anyway
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Cornell University didn't wait for a controversy to start overhauling its sexual assault policies.

Instead, it has taken the initiative in the past couple of years, adjusting how it investigates sexual assault complaints, establishing a student-faculty council to review whether the institution is handling sexual violence correctly, and the university president has addressed the issue with students multiple times.

"It's clearly an issue in our society and we're not exempt from that," said Susan Murphy, Cornell's vice president for student and academic services.

A number of elite colleges, including some Ivies, were accused by students and recent alumni over the past year of failing to properly handle sexual violence and misconduct on campus, causing the U.S. Department of Education to open several investigations. In 2013, students criticized the policies at Columbia University, Harvard University, Yale University and Dartmouth College. Princeton University, Harvard Law and Dartmouth remain under review by the DOE's Office for Civil Rights for their handling of sexual misconduct.

Cornell wasn't one of the schools under fire, but President David Skorton still weighed in on the issue in a December op-ed in the student newspaper.

"For too long this has been considered a 'women’s issue,' but it is in fact one that concerns us all," Skorton wrote. "It is critical that we recognize that sexual violence is a 'men's issue' as well."

Sexual assault and harassment complaints are no longer handled under the school's Campus Code of Conduct. As of spring 2012, those cases are investigated by a judicial administrator in the same manner as allegations against faculty or staff, with a less rigorous burden of proof for the victim. The switch was initiated by a lengthy debate within the student government and input from students.

Cornell now uses the preponderance of evidence standard, which means that the allegation is considered more likely than not true, for sexual offense cases. A 2011 letter from the DOE clarified that under Title IX, the federal gender equity law, a college should be using preponderance of evidence in sexual assault and harassment cases. The school previously used the clear and convincing standard of proof in such cases, which may deter victims from reporting incidents, Murphy said.

Cornell senior Narda Terrones, who works with the university's Women's Resource Center, lauded Cornell for treating sexual violence differently than other campus crimes. However, Terrones said, "What I believe has been even more impressive is that Cornell didn't just stop at improving the judicial process."

Lynette Chappell-Williams, Cornell's Title IX coordinator and associate vice president, also confirmed to HuffPost that the university is discussing "the possibility of providing information on the number of students sanctioned for sexual misconduct," but it hasn't made a final decision.

At Columbia, students urged the school to report how many people were found responsible for sexual violence on campus, similar to Yale's semi-annual disclosures of how many sexual assault cases were handled on campus and what the punishments were.

Cornell's changes exemplify how student activism to prevent sexual violence transcends campus boundaries, said Alexandra Brodsky, a Yale Law student who filed a Title IX compliant that spurred a federal investigation at her school in 2011.

"Each time complainants file, they put not only their college, but all U.S. schools on notice," said Brodsky, who also co-founded Know Your IX. "Any school that doesn't shape up soon will be next. The student anti-violence movement is growing, and schools can no longer afford their apathy and abuse."

Murphy, who's worked at Cornell since 1978, said the increased attention at the national level has influenced many of these changes.

"The conversation has broadened beyond just what do individuals need to do to be safe to, what is going on in our culture that makes behavior of sexual violence seem okay," Murphy said. "There's a lot more discussion about 'rape culture.' That's not a phrase I would've heard of a year ago."

Annie Clark, who filed a complaint against the University of North Carolina at Chapel Hill and assisted students at other campuses, said while she's encouraged by Cornell's proactive approach, she hopes the school is being transparent with students.

"Just because there hasn't been a complaint doesn't mean a problem doesn't exist," Clark said.

Terrones said the recently established Council on Sexual Violence Prevention will ensure that efforts to educate students on the issue are "not just a current 'fashion' but really a permanent goal."

The council has more than 40 students, faculty, staff and local service providers as members, and is charged with evaluating how well Cornell addresses sexual violence. It also can recommend policy changes or initiatives. Members met for the first time during the fall 2013 semester, and they have discussed establishing a sexual violence prevention center.

"We're not trying to hide anything here," Murphy said. "We're trying to get a campus-wide conversation about what kind of community do we want to have."

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Before You Go

Schools Investigating Or Reviewing Policies On Sexual Assault
University Of Colorado - Boulder(01 of09)
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CU-Boulder has two federal complaints against it, and the U.S. Department of Education's Office of Civil Rights has opened one for investigation. (credit:AP)
Swarthmore College(02 of09)
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Students at Swarthmore College filed a Title IX civil rights complaint and a Clery Act complaint which alleges the college underreports sexual assaults and fails to respond to properly handle reports of sexual misconduct and harassment. The college promised to launch a review of their policies, and began announcing reforms in the summer of 2013. (credit:Wikimedia Commons)
Amherst College(03 of09)
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After Angie Epifano wrote a lengthy op-ed about her experience trying to report a sexual assault at Amherst College, the school started an internal review and a revamp of their policies. (credit:Wikimedia Commons/Screengrabs)
University Of North Carolina - Chapel Hill(04 of09)
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The University of North Carolina began looking into their own policies after students and a former administrator filed two complaints with the U.S. Department of Education's Office of Civil Rights. The university now has three federal investigations launched by the Education Department, including one into whether the university retaliated against one of the complainants. (credit:Alamy)
University Of Montana(05 of09)
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Update: The DOJ found the university botched rape reports.May 12, 2012 report from AP:MISSOULA, Mont. -- The U.S. Justice Department has opened an investigation into the way Missoula police, prosecutors and the University of Montana have responded to reports of sexual assault and harassment after the agency learned of complaints that cases were not being properly handled.The investigation was disclosed Tuesday after a preliminary examination conducted earlier this year concluded there was enough evidence to move ahead with a full probe, Assistant Attorney General Thomas Perez said.Lawyers from the Justice Department's civil rights division will look at all 80 sexual assaults reported by women in Missoula over the past three years. Eleven sexual assaults involving university students have been reported in the past 18 months. Prosecutors were trying to figure out whether those university complaints were included in the total number of citywide assaults reported. (credit:Alamy)
Oklahoma State Sexual Assault Reporting - Reviewed By University Task Force(06 of09)
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Dec. 17, 2012:
It took nearly a month for Oklahoma State University officials to tell police that a single student had been accused by several others of sexual assault, prompting confusion and outrage over the lengthy delay.On Thursday, OSU President Burns Hargis announced he asked the Board of Regents' task force to review the school's handling of the sexual assault complaints. The task force was formed in July to review school policies and ensure a situation like the Sandusky scandal at Penn State does not unfold at OSU.Hargis said in a statement that OSU "cannot leave any doubt that we are indeed properly and appropriately handling sexual misconduct allegations," Tulsa World reports.
(credit:AP)
University Of Notre Dame(07 of09)
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University of Notre Dame Under Federal Review After Second Family Complains About Assault Allegations Mishandle Feb. 19, 2011:
The University of Notre Dame has been placed under federal review by the U.S. Department of Education following two incidents of reported sexual assault that occurred this academic year.
(credit:AP)
Yale University(08 of09)
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Two years after the Ivy League school went under a federal investigation, students and alumni once again say the university fails to properly handle sexual assaults and harassment.June 15, 2012 report from Time magazine:
The Department of Education announced on Friday that it had resolved a complaint that Yale University had failed to eliminate sexual discrimination on campus.The complaint, filed by a group of 16 current and former students in March 2011, stemmed from an incident on campus on the evening of Oct. 13, 2010, in which members of the Delta Kappa Epsilon fraternity marched across the Yale campus to a dorm where many female students lived and chanted “No means yes! Yes means anal!” A video of the chanting men was posted online and quickly went viral, spurring an uproar at the university and nationwide.
Yale was fined $165,000 by the feds.
(credit:Alamy)
Southern Methodist University -- Launches Task Force After String Of Sexual Assaults Reported(09 of09)
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Oct. 12, 2012 report from HuffPost:
Two students in separate cases were arrested last month on sexual assault charges. However, it raised eyebrows as people noted it took eight months to bring charges in one case while only a few days in the other. In response to the controversy, SMU announced a special task force to review how the school handles reports of sexual violence.Administrative action aside, problems persist on the Texas campus. On Wednesday, just a day before the first task force meeting, students received a crime alert warning of another sexual assault; this one allegedly targeting a young woman in her apartment west of campus by an acquaintance and fellow SMU student. The incident became the fifth sexual assault reported this year and the third in the past six weeks to go under investigation by University Park police.At least 40 sexual assaults were reported since 2006, according to the SMU Daily Campus, and almost all of them from SMU students. Over the past 25 years, more than 100 women at SMU reported being sexually assaulted.
(credit:Alamy)