BY SAPNA NAIK
The 2015 release of the documentary The Hunting Ground, by filmmakers Kirby Dick and Amy Ziering, was part of a larger discussion about sexual violence on college campuses. While promoting the documentary on The Daily Show, Jon Stewart asked the filmmakers, “for 18 to 24 year olds, is there a much larger existence of this type of attack [sexual assault] on campus than off campus?” Kirby Dick answered, “There’s some debate on that, but we feel that it’s more dangerous on campus than off campus.”
Research does not necessarily confirm their claim. In a December 2014 Bureau of Justice Statistics (BJS) report, Sinozich and Langton found that nonstudents were more likely to experience rape and sexual assault than students of the same age group. The numbers are not clear due to lack of reporting among both students and nonstudents. The point is not that one group experiences sexual violence more than another group but that sexual violence happens, and is unacceptable, everywhere. Much of the attention from the U.S. government (e.g. Dear Colleague Letter, the creation of a White House Task Force, The It’s On Us campaign, and OCR investigations into campuses) and news media (including dedicated sections on The Huffington Post, NPR, and Time), however, has been on U.S. higher education institutions and the sexual assaults that occur on their campuses. Thus, I propose the following contentions: (1) students in higher education institutions hold a special status, and (2) this special status can have unintended consequences.
Some might argue that I am picking examples of how sexual assaults within college campuses have been highlighted in the media to prove that students have a special status. There are indeed examples of attention on sexual violence in professional sports and the military, to name two other complex institutions. I would argue that people within those institutions have a special status as well, but that is a topic for another essay. I admit, I have not done a comparison on the coverage of sexual violence among students versus nonstudents to quantify how much coverage there is on each population. Evidence suggests, however, that among the general population, women who live in poverty, women of color, and LGBTQIA+ people are disproportionately represented among victims of sexual violence and intimate partner violence but these same populations often remain invisible. Media outlets with dedicated coverage to sexual assault on college campuses and an industry that has emerged to fight sexual violence on college campuses indicate that higher education institutions, and as a corollary their students, hold a special status. I grant that the increased attention has started an important national conversation on sexual violence at colleges and universities, and as a result, sexual violence in all sectors of society. A consequence of the special status of students, however, is that already vulnerable populations continue to be ignored.
A caveat: not all students are afforded the same status. Indeed, many groups of students within an institution face inequity: Black students, international students, students with disabilities, low-income students, and the list, unfortunately, goes on. Among victims of sexual violence on college campuses, students with disabilities, LGBTQ students, and students at HBCUs face additional barriers to reporting. Furthermore, students at different institutions are afforded different statuses. Much of the attention that has been placed on college campuses regarding sexual violence, for instance, has been at elite institutions, including Harvard, Columbia, and, yes, Michigan State University.
A second caveat: This is not an essay that adds to the narrative that students are coddled; they aren’t. As Peter Lake states, “students should have a basic right to reasonable safety on campus.” Higher education institutions should keep their students safe and rigorously work to prevent violence, and when institutions fail to do so, students have a right to demand changes. That said, this right granted to students to be able to demand safety from their institutions puts them in a special category.
I argue that the special status of students on college campuses can have unintended consequences on stratification and inequity among all people. My argument builds off of the second component of our course, referenced in Dr. Cantwell’s first post on our blog, to “examine the social, political, and economic processes that interact with higher education organizations in ways that may reproduce and extend social stratification and inequality.” I pay specific attention to sexual violence because sexual violence has and continues to be used as a tool for maintaining inequality, stratification, and subordination. Furthermore, higher education institutions have recognized that sexual violence inhibits equal access to education, and thus are legally required to respond. The attention to the organizational responses to sexual violence on college campuses, however, serves as the mechanism by which special status of students can have unintended consequences. Below, I give two examples.
First, the language that surrounds sexual violence on college campuses has the unintended consequence of devaluing the violence that nonstudents face and as a result, devaluing the lives of nonstudents. In articles on sexual assault student survivors, students’ ability to go to school and complete their education is often cited as a major consequence of not handling sexual violence on campus. The language serves not only victims of campus sexual assault, but also alleged perpetrators. Arguments about protecting the accused are often based on their status as students and rights to an education. For example, in her critique of The Hunting Ground, Emily Yoffe asserts that many accused students filed lawsuits against colleges that expelled them, “saying they were deprived of an education over dubious charges.” An implicit message of the attention to students and their education, particularly at elite institutions, is that we only really care about sexual violence when it prevents privileged individuals from getting a college degree.
Second, students on college campuses have resources available to them that may not be available to nonstudents. According to the BJS report, nonstudents are more likely to report to the police than students. It is not clear as to why this is; however, one possibility is that students have other dedicated resources that they can utilize: counselors, their RAs, faculty, or campus services. At this point, students often have the option not to report to the police, whereas in some cases, nonstudents’ only recourse is the justice system. (Some state legislatures, including Virginia’s, have suggested laws that would require campus staff to report directly to local law enforcement. Virginia changed this stipulation before the law was passed, largely in response to criticism that it would discourage reporting. Instead, reports must be made to the campus’s Title IX coordinator, who then provides the student with resources, an option that nonstudents do not have.) Similarly, students accused of sexual violence do not necessarily have to go through the justice system but may instead go through an internal process. Some argue that internal processes are flawed and “more likely to violate the basic due-process rights of those involved.” One result of this argument has been a push for the SAFE Campus Act, national legislation that would require local law enforcement, not institutions, to handle sexual assault cases. The legislation has been criticized by many victims’ rights advocates, who argue that the legislation is meant to protect perpetrators more than victims, would discourage reporting from victims, and would force students into a flawed justice system. I clearly do not have a solution to this debate; however, it is apparent that the emphasis in both arguments is protecting the rights of students, not necessarily reforming a criminal justice system that has implications on all victims of sexual violence, students and nonstudents alike.
Colleges and universities should do everything they can to address sexual violence, and all types of violence for that matter, on their campuses. Colleges and universities, however, cannot be responsible for fixing violence across all sectors of our society, in addition to the violence that occurs on their campuses. I argue that the attention given to organizational responses to sexual violence on college campuses comes at the expense of nonstudents, thus implicating higher education institutions in social stratification.
This blog post was informed by this piece by Eliza Gray and conversations with Dr. Terrion Williamson and Dr. Brendan Cantwell.
For resources and information on sexual assault and domestic violence, please visit RAINN and NRCDV.