Dive Brief:
- Rutgers University is ending a controversial policy that limited sexual assault compliant about incidents more than two years old from being investigated by the university, according to The Chronicle of Higher Education.
- University President Robert L. Barchi said he was scrapping the two-year limit, although he said the policy had been "guided by state law," and that the New Jersey institution provided for exceptions when witnesses and evidence were available. He added that older incidents had been investigated.
- A report by NJ Advance Media said several women have complained about Rutgers' handling of sexual misconduct complaints, focusing on incidents involving faculty members.
Dive Insight:
With the heightened attention on sexual assault as prominent figures face accusations and the #MeToo movement gets increasing attention, colleges are dealing with more sexual misconduct complaints. They worry about their reputations and, increasingly, stiff penalties by the federal government under the Clery Act and tighter regulations under Title IX.
Often, the biggest problem is a lack of clear processes for handling the complaints, which some experts say is frequently a result of inadequate staff training. Some institutions have policies like Rutgers', which put time limits on the reporting, but many of the most visible cases of late have involved incidents occurring many years prior.
A study published last year in the Journal of Academic Administration in Higher Education summarized research on the issue and said colleges are vulnerable to criticism because no criminal penalties exist for assault on campus and too often processes for handling them have been inadequate and typically have put the responsibility on women.
Colleges don't offer enough support for victims, the study said, which experts say is one factor contributing generally to the the low number of victims reporting incidents — around 20% for female college students, according to the Rape, Abuse and Incest National Network. The study recommended steps colleges should put in place, including courses for students and a clearly defined process for handling the complaints. It also recommended that colleges regularly assess their process and have avenues for student input.
John C. Weistart, a Duke University law professor, wrote in an opinion piece in the Chronicle of Higher Education that he believes it is a conflict of interest for universities to handle sexual assault cases and they should be handed over to a "dedicated non-academic complaint-processing organization." He is especially concerned about fairness when athletes and coaches are accused.
At the same time as colleges attempt to find structures for handling the issue, Education Secretary Betsy DeVos has made efforts to loosen regulations regarding colleges' reporting and handling of sexual misconduct and raise the legal standard for determining whether institutions have adequately addressed complaints. The Atlantic detailed the changes and reported that many colleges will ignore them initially to avoid bad publicity and federal fines or sanctions, but eventually may loosen up their standards, which some experts say will create other risks.