Dissenting Voices

Desired Outcomes for Sexual Assault Cases

 

The college policy states: "the determination of education outcomes is based upon a number of factors, including but not limited to: the severity of the incident; the impact on the Complainant; any ongoing risk to either the Complainant or the community posed by Respondent; the impact of the violation on the community, its members, or its property; any previous conduct violations;and any mitigating or aggravating circumstances."

 

We request that the College take this policy to its logical conclusion by pursuing outcomes and sanctions for perpetrators of sexual misconduct that reflect the severity of such acts. The outcome of every case should demonstrate that the Grinnell administration values the safety of survivors and the campus community on the whole. Most studies reflect that sexual assault is perpetrated by those likely to repeat such behavior. For the safety of the campus, evidence of serial behavior needs to be taken very seriously, and requires punitive measures including expulsion.

To reflect the College’s commitment to creating a safe and equitable campus community that takes seriously acts of sexual violence, we ask that students found responsible for sexual misconduct who

• are found to pose a continued threat to the victim(s);
• are found to pose a continued threat to the community;
• and/or whose presence on campus prevents the survivor from accessing the full benefits of a College education as outlined by Title IX law

should, at minimum, be given outcomes that remove them from campus for the entire duration of the survivors’ attendance at Grinnell. Perpetrators deemed to pose a threat to the community, such as serial offenders, should be expelled.

As a reminder, the Office of Civil Rights states: “If alleged conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from an educational program (creates a hostile environment), and the school, upon notice, fails to take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and as appropriate, remedy its effects, then the school violates the student’s rights under Title IX.” Those found responsible for sexual misconduct need to be removed from campus positions in which they will be working with survivors. Classroom accommodations must be made for the entirety of time both survivor and perpetrator remain on campus. No survivor should be asked to attend class with her/his assailant.

Furthermore, the Department of Education has clarified that “one single instance of sexual violence is sufficient to qualify as creating a hostile educational environment” (DCL 2011). Allowing students found responsible for sexual misconduct to remain on-campus with their victims creates a hostile educational environment for survivors, and violates Title IX law.

 

To remain consistent with these laws, we ask that students found responsible for sexual misconduct be barred from paid campus positions of authority where they are responsible for the safety of other students. This trivializes the experiences of student survivors and subjects them to a “hostile environment,” since the positions which are intended to provide safety instead expose them to trauma, and undercut their faith in the system’s ability to protect and care for them.